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HB152 • 2025

Revise election laws related to county attorney elections

Revise election laws related to county attorney elections

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Jerry Schillinger
Last action
2025-05-20
Official status
(H) Died in Process
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Change in County Attorney Election Rules

This bill changes how county attorney retention elections are conducted by modifying the ballot format and voter choices when only one candidate is running.

What This Bill Does

  • Changes the way a ballot looks for county attorney retention elections if there's just one candidate.
  • Removes nonpartisan labels or write-in spaces from the ballot if there's only one candidate.
  • Includes a specific question on the ballot asking voters to decide whether they want the current county attorney to stay in office.
  • Gives voters options to vote 'yes' or 'no' after the question.

Who It Names or Affects

  • County election administrators who must follow new rules for creating ballots.
  • Voters participating in county attorney retention elections.

Terms To Know

Retention election
An election where voters decide whether to keep an elected official in office for another term.
Election administrator
A person or group responsible for organizing and conducting elections.

Limits and Unknowns

  • The bill did not pass into law as it died during the legislative process.
  • It is unclear how many counties will be affected by these changes since only some may have retention elections for county attorneys.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 changes how retention elections for county attorneys are conducted by specifying the format of the ballot question and removing options for nonpartisan designations or write-in spaces if there is only one candidate.

  • If a single incumbent runs unopposed, their name will appear on the ballot with the specific question: 'Shall (incumbent's name), the county attorney of (county name), be retained in office for another term?'
  • The ballot must provide voters with options to vote either 'yes' or 'no'.
  • The amendment does not specify what happens if there are multiple candidates running, so it's unclear how those elections would proceed.

Bill History

  1. 2025-05-20 HOUSE

    (H) Died in Process

  2. 2025-03-12 HOUSE

    (H) Missed Deadline for General Bill Transmittal

  3. 2025-01-17 HOUSE

    (H) Committee Executive Action--Bill Not Passed as Amended

  4. 2025-01-17 HOUSE

    (H) Tabled in Committee

  5. 2025-01-11 HOUSE

    (H) Hearing

  6. 2025-01-09 HOUSE

    (H) Introduced

  7. 2025-01-09 HOUSE

    (H) Referred to Committee

  8. 2025-01-09 HOUSE

    (H) First Reading

  9. 2025-01-08 HOUSE

    (LC) Draft Delivered to Requester

  10. 2024-12-31 HOUSE

    (LC) Draft in Assembly

  11. 2024-12-31 HOUSE

    (LC) Draft Ready for Delivery

  12. 2024-12-30 HOUSE

    (LC) Draft in Input/Proofing

  13. 2024-12-30 HOUSE

    (LC) Draft in Final Drafter Review

  14. 2024-12-27 HOUSE

    (LC) Draft in Legal Review

  15. 2024-12-27 HOUSE

    (LC) Draft in Edit

  16. 2024-11-23 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise election laws related to county attorney elections

Current Bill Text

Read the full stored bill text 
****
69th Legislature 2025 HB 152.1
- 1 - Authorized Print Version – HB 152
1 HOUSE BILL NO. 152
2 INTRODUCED BY J. SCHILLINGER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO COUNTY ATTORNEY
5 RETENTION ELECTIONS.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 NEW SECTION. Section 1. Form of ballot on retention of county attorney. (1) If the incumbent is
10 the only candidate for the office of county attorney, the election administrator may not include a nonpartisan
11 designation, if applicable, or write-in space for the office on the general election ballot. The name of the
12 incumbent must be placed on the official ballot for the general election as follows:
13 Shall (insert name of the incumbent officer), the county attorney of (county name), be retained in office
14 for another term?
15 (2) Following the question, provision must be made, subject to rules adopted pursuant to 13-12-
16 202, for a voter to indicate a "yes" or "no" vote.
17
18 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
19 integral part of Title 7, chapter 4, part 27, and the provisions of Title 7, chapter 4, part 27, apply to [section 1].
20 - END -