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City attorney outlines how study commission recommendation becomes ballot measure, flags timing and cost choices
Summary
City attorney Justin, appearing remotely, walked the council through Montana statutes governing study commissions, stressing that the commission 'recommends' a plan and the city council must call an election; the council discussed whether to pair the vote with the federal primary or the general election and noted estimated election costs.
City Attorney Justin, appearing online, briefed the Columbia Falls City Council on the statutory process for a local government study commission and how its recommendation becomes an item for voters.
Justin cited a sequence of Montana statutory provisions that govern the process: the study commission proposes or recommends a plan of government and must set a timetable (including a proposed election date and ballot language). The governing body — the city council — is the entity that must adopt a resolution or order to call the election; Justin said the council has limited authority to alter the study commission's recommended date and ballot language because the statute envisions a commission-driven timetable.
Justin walked the council through the related code sections (as read into the record): "statute section 7 3 1 0 3, section 2," references to 7 3 1 92 and 7 3 1 49, and provisions in Title 13 governing local elections that affect timing and ballot procedures. He said the study commission's timetable typically specifies the election date; state election rules then require minimum lead time and specify whether the vote must be held in a polling place or may be conducted by mail, depending on the election date and federal election rules.
Councilors followed up with budget and timing questions. Staff said a county-conducted election for the measure could cost roughly $10,000 and that an existing study-commission fund still holds about $46,000 after prior expenses. Councilors discussed whether to schedule the election on the federal primary (June 2) or the general election (Nov. 3); staff and election officials explained that primary timing can require separate party ballots (increasing printing costs) and that the county's rules may dictate polling-place vs. mail-ballot mechanics. Staff agreed to confirm county guidance and provide a written clarification to council members.
Ending: Justin and staff said they would provide follow-up clarification on election mechanics and costs. The government study commission planned to adopt its final report at an upcoming meeting, after which council consideration of a resolution to call an election could follow.
