The Montana Senate on Monday advanced a cluster of bills affecting election canvasses, judicial oversight, property-tax levies tied to judgments and amusement-ride safety and approved a number of other measures on second and third reading.

Senators debated and passed changes to county canvassing procedures after the 2024 primary overcount in Butte–Silver Bow County, approved a measure that would require voter approval for some tax levies used to satisfy large court judgments, and adopted an 11-member judicial performance-evaluation system over objections from several members who cited separation-of-powers and fairness concerns. The Senate also passed a bill to add operator-insurance and daily-inspection requirements for certain permanent amusement rides.

The canvass bill (Senate Bill 57) was presented by Senator Cuff as part of a package responding to the 2024 Butte–Silver Bow overcount. Cuff said the overcount stemmed from test-run ballots that were uploaded to the reporting computer and later transmitted to the Secretary of State, noting, “There were about 1,100 1,130 more votes turned into secretary of state than were actually counted when you counted the absentee ballots plus the in person ballots.” The bill directs county canvassing boards to compare the number of votes cast to the number of electors and the number of persons who voted, to open returns and audit tally books, and to investigate and document discrepancies. The measure requires an investigation be “concluded within 2 days,” language that drew questions from members who said the timetable could be difficult for some counties. The Senate approved SB57 in committee and on the floor; the clerk recorded a 47–2 vote in committee and the bill passed second reading.

On taxation and judgments, Senator Hertz sponsored Senate Bill 108 to require voter approval when a property-tax levy or bond issuance would be used to satisfy a judgment or settlement exceeding statutory liability limits. Hertz said local governments now may impose a permissive levy without voter input and cited a Lake County federal settlement that totaled roughly $7 million; he said the county used a permissive levy of about $3.8 million that raised the average taxpayer’s levy by about $90.75. Hertz argued the bill would give local governments leverage in settlement talks because plaintiffs would know recovery might require voter approval. Opponents cautioned the measure would create a difficult funding path in rare but extreme cases and could threaten local governments’ fiscal stability; SB108 passed committee on a 31–18 tally.

Senate Bill 45, the judicial performance-evaluation measure introduced by Majority Leader McGillivray, drew the most sustained debate. The bill would create an 11-member Judicial Performance Evaluation Commission that would conduct confidential surveys, courtroom observations and pre-election and midterm evaluations of district and supreme court judges. The sponsor described the measure as modeled on systems in other states and framed it as voter-information legislation: “I would submit to the body that everyone in here has people call them before elections saying I don't know anything about this judge,” McGillivray said on the floor. Key provisions adopted in an amendment include staggered commissioner terms, definitions drawn from the Montana Judicial Code of Conduct, a deadline for the commission to send information to the Secretary of State for the voter information pamphlet (105 days before an election), and a 200-word response window for judges to comment on a pre-election evaluation draft. Opponents, including Senators Cuff and Smith, said the proposal risked intruding on judicial independence and questioned whether the commission’s composition and some evaluation criteria would invite unfair judgments; they voiced particular concern about the limited response window for judges. After floor debate and an adopted amendment, SB45 passed second reading as amended by a 27–22 vote.

On public safety and industry regulation, Senate Bill 110 would require inspections by qualified inspectors, require operator liability insurance and impose daily preopening checks for certain amusement rides; sponsors and proponents said 48 other states have similar regimes and the bill targets stationary, permanent rides (with a 30‑day exception for temporary setups such as short fairs). Supporters called the measure a safety improvement and said it was industry‑driven; some senators urged tighter definitions to avoid unintentionally covering small coin-operated children’s horses or very short-term attractions. SB110 passed second reading 32–17.

Other bills advanced in committee and on the floor included measures to align conservation districts with state procurement law (SB77, passed committee 36–13), repeal certain feedlot-dead-animal notification and penalty provisions (SB79, 44–5), preserve interest on workforce housing appropriations for the program (SB223, 49–0), and revise captive‑insurer tax treatment (SB60, 45–4). The Senate adopted its committee-of-the-whole report and then approved a slate of third‑reading measures listed below.

Votes at a glance (committee and floor tallies recorded in the transcript):
- Senate Bill 57 (canvassing investigations): committee tally reported 47 aye, 2 nay (committee recorded vote reported in transcript); committee report adopted and SB57 passed second reading.
- Senate Bill 108 (voter approval for levies to satisfy large judgments): committee tally 31 aye, 18 nay; recommend do pass.
- Senate Bill 77 (conservation districts: procurement): committee tally 36 aye, 13 nay; recommend do pass.
- Senate Bill 79 (feedlot inspections/penalties repeal): committee tally 44 aye, 5 nay; recommend do pass.
- Senate Bill 45 (judicial performance evaluations): amendment passed 34–15; final committee/floor second‑reading vote 27 aye, 22 nay (passed as amended).
- Senate Bill 110 (amusement ride inspections/insurance): committee/floor tally 32 aye, 17 nay; recommend do pass.
- Senate Bill 223 (retain interest/income for workforce housing fund): committee/floor tally 49 aye, 0 nay; recommend do pass.
- Senate Bill 60 (captive-insurance tax revisions): committee/floor tally 45 aye, 4 nay; recommend do pass.

Third‑reading passage (selected bills recorded in transcript): SB28, SB75, SB87, SB133, SB132, SB136, SB143, SB175, SJR5, and SJR9 (final recorded tallies and passage notifications appear in the transcript). The clerk recorded multiple roll-call tallies on third reading as shown above; where the transcript lists a specific roll-call tally it is reported here.

What changed or is next: Several measures will proceed to the House for consideration or to further fiscal committees as noted on the floor. Senate leaders also moved certain bills (for example, SB45 and SB60) to Finance and Claims for further action. The Senate adjourned to reconvene Monday, Feb. 10, at 1 p.m.

Sources: Floor transcript of the Montana Senate (committee-of-the-whole, second and third reading actions); direct quotes and vote tallies are taken verbatim from the transcript.