Montana Senate resolution seeks repeal of 17th Amendment; tribal representatives urge opposition

Sen. Greg Hertz, sponsor of Senate Joint Resolution 22, told the House Energy, Technology, and Federal Relations Committee that the resolution is intended as an educational prompt to consider repealing the 17th Amendment, which established direct election of U.S. senators. "I look at this resolution more as an educational process," Hertz said, arguing that returning selection to state legislatures would restore state authority, make senators "more responsive to their states," and reduce outside campaign influence.

Patrick Yawaki, representing the Blackfeet Tribe, Fort Belknap Indian Community and the Chippewa Cree Tribe of Rocky Boy, testified in opposition. Yawaki argued repealing the amendment would "dilute the voting power of tribal communities" and risk disenfranchisement, citing the historical context of tribal citizenship and voting rights after the Snyder Act of 1924 and the Voting Rights Act of 1965. "Abolishing the seventeenth amendment would dilute the voting power of tribal communities in the state," he said, and urged the committee to give the resolution a "do not pass" recommendation.

Hertz outlined specifics in his draft language, including that each state legislature would select two senators for six-year terms, that senators' salaries would be paid by the state, and that state legislatures could remove a senator by majority vote of each house. He told the committee the proposal is meant to revive the founders' original design for bicameralism and state influence in federal selection.

No committee vote or formal action was recorded during the hearing. Hertz closed by urging the committee to advance the measure to the floor for full debate, calling the resolution "a very important letter" to future deliberation.

The committee heard roughly 30–40 minutes of testimony and debate on the topic before recessing; the hearing record shows no formal amendments or recorded vote on SJR 22.