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Property-tax levy bill proposes 35% turnout threshold; firefighters, cities and counties warn of service cuts
Summary
Representative Lucas Schubert proposed HB 410 to require a 35% turnout threshold for off-cycle property-tax levy elections; dozens of local governments, fire districts and associations testified the change would hinder funding for public safety and infrastructure.
Representative Lucas Schubert opened his hearing on House Bill 410 by arguing that local mill levies — which fund schools, fire departments and many municipal services — should require a substantive level of voter participation to approve tax increases. Schubert said the bill would require levy elections held outside primary or general even-year elections to meet at least 35% turnout or fail; levies placed on an even-year primary or general would be exempt from the turnout requirement.
Opponents from fire organizations, cities, counties and county associations said the bill would jeopardize essential services and shift power to nonvoters. Andy Zimmerman of Montana Firefighters said HB 410 ‘‘selectively changes the democratic process’’ and could impair local governments’ ability to fund critical services. George Richards of the Montana State Firefighters Association warned that mill levies are the primary source of revenue for many departments and said the measure would ‘‘dismantle’’ their ability to maintain equipment and staffing.
City and county spokespeople — including representatives from Bozeman, Missoula, Billings and Great Falls — said turnout fluctuates by election date and the legislature should not assume levies require higher turnout to be legitimate. John Ostlund (Yellowstone County Commissioner) asked the sponsor to consider applying the rule more uniformly or using active voters rather than all qualified electors as the denominator for turnout calculations.
Nicole Thuot from the Office of Public Instruction provided sample school-election data and offered additional materials to show how turnout requirements would affect the passage of school levies.
During committee questioning, members pressed the sponsor on evidence supporting a 35% cutoff, alternatives such as setting the denominator to active voters, and whether the bill would materially affect public safety. Schubert said the 35% figure is a compromise informed by previous task-force recommendations and recent turnout patterns; he emphasized the bill still permits levies to pass on even-year primary/general dates without a turnout requirement.
No vote was taken at the hearing. Opponents urged a 'do not pass' recommendation; the sponsor defended the bill as reasonable baseline reform to address rising property taxes.
