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Bill to put unopposed county attorneys on retention ballot fails in committee; substitute motion to table later passes

January 17, 2025 | 2025 Legislature MT, Montana


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Bill to put unopposed county attorneys on retention ballot fails in committee; substitute motion to table later passes
House Bill 152, sponsored by Representative Schillinger, would add a statutory section requiring that when a county attorney runs unopposed the ballot instead present a yes/no retention question similar to the practice used for unopposed judges.

During executive action the committee considered amendment HB0152.001.001 adjusting codification instructions so the provision would appear in Title 13 under the secretary of state’s authority. Representative Lee, Representative Braxton and others objected that the change would be too targeted and could create instability in small counties; Representative Schubert and other supporters said it would provide voters a means to remove an incumbent who was failing to perform duties.

The committee conducted a roll-call vote on the bill as amended. The roll call recorded 6 aye and 13 no, so the measure failed on a straight vote. A substitute motion to table the bill was then offered; the committee later voted 18–1 in favor of the motion to table, effectively pausing further action but leaving the bill available for future work during the session.

Committee members discussed replacement options if a county attorney were removed; staff and members said county commissioners would appoint a replacement and could recruit from adjoining counties. Some members said retention ballots were unnecessary and that contested elections remain the usual remedy.

The transcript records both the initial fail vote (6–13) and the subsequent table motion (18–1).

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Scribe from Workplace AI
Scribe from Workplace AI