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Study commission submits fire-service structure options to Secretary of State amid legal limits on ballot phrasing
Summary
County Attorney advised the commission that the primary ballot question must ask whether to adopt a revised charter or retain the existing charter and that multi-option governance language for fire services may not be allowable in a single question; the commission voted unanimously to submit its proposed fire-service structure to the Secretary of State for review.
Butte–Silver Bow — A central focus of the May 11 Government Study Commission meeting was how to present competing fire-service governance options to voters. County Attorney Enrooth reported counsel from Dan Clark at the MSU Law Center indicating the primary ballot question must ask voters whether to adopt a revised charter or retain the existing charter, and that ballot questions concerning fire service governance could not offer multiple selectable structural options in a single question.
Enrooth told commissioners that if the Secretary of State objects to proposed ballot language, the commission could revise the language later or refer the matter to the Council of Commissioners for ordinance-based action. He cautioned that the statutory framework constrained the commission’s original plan to let voters choose directly between two competing fire-service models on a single question.
Commissioners expressed frustration that the statutory interpretation limited their intended 'Option 1' and 'Option 2' presentation. Commissioner Perdue-Dolan said the commission had tried to avoid an "all-or-nothing" ballot and was uncomfortable proceeding without additional clarification or collaboration with volunteer and career fire stakeholders. Commissioner Dennehy asked whether the fire questions could be placed in separate future cycles; Enrooth said separate cycles were a possibility but would require additional legal checks.
After discussion, the commission voted unanimously to submit its proposed fire-service structure — which included (1) a volunteer fire-department model, (2) a consolidated Butte–Silver Bow Fire Department model, and (3) a status-quo retention option — to the Secretary of State to determine whether the language would be acceptable. Chair Brandl and several commissioners said they had repeatedly attempted to obtain Clark’s guidance over the preceding months and stressed the need for public education on the options should they be approved for the ballot.
Next steps: County Attorney Enrooth will forward the draft structure for Secretary of State review and return to the commission with any required revisions.
