Revise special session polling laws

****
69th Legislature 2025 HB 348
- 1 - Authorized Print Version – HB 348
ENROLLED BILL
AN ACT REVISING THE SPECIAL SESSION LEGISLATIVE POLLING LAWS; INCREASING THE NUMBER
OF LEGISLATORS REQUIRED TO TRIGGER A SPECIAL SESSION POLL; REQUIRING THAT THE
REQUEST FOR A SPECIAL SESSION INCLUDE DRAFT LEGISLATION TO BE PROPOSED DURING THE
SPECIAL SESSION; AMENDING SECTIONS 5-3-105 AND 5-3-106, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 5-3-105, MCA, is amended to read:
"5-3-105. Request by 10 30 members to poll legislators. (1) When the legislature is not in session,
any 10 30 members may in writing request the secretary of state to poll the legislators to determine if a majority
are in favor of a special session.
(2) The request must state include:
(a) the conditions warranting the call of a special session;
(b) the purposes of the special session; and
(c) draft legislation to be proposed during the special session drafted by the legislative services
division as provided in subsection (3); and
(c)(d) the proposed convening date and time of the special session.
(3) A legislator may request the legislative services division staff to draft legislation to be proposed
during the special session."
Section 2. Section 5-3-106, MCA, is amended to read:
"5-3-106. Procedure for polling legislators. (1) Within 5 days after receiving a request, the
secretary of state shall send to all legislators by certified mail a ballot that contains:
****
69th Legislature 2025 HB 348
- 2 - Authorized Print Version – HB 348
ENROLLED BILL
(a) the names of the legislators making the request;
(b) the reasons for calling the special session;
(c) the purposes of the special session;
(d) draft legislation to be proposed during the special session drafted by the legislative services
division as provided in 5-3-105;
(d)(e) the requested convening date and time of the special session;
(e)(f) subject to subsection (2), the date by which legislators shall return the ballot, which may not be
more than 30 days after the date of the mailing of the ballots; and
(f)(g) a stamped return envelope.
(2) Within 2 calendar days after receiving a request to consider an existing state of emergency or
disaster declared under the authority of 10-3-303, the secretary of state shall send a ballot that complies with
subsection (1) using any reasonable and reliable means, including electronic delivery, and is not required to
use certified mail. The date by which legislators shall return the ballot specified in this subsection (2) may not
be more than 7 calendar days after the date the ballots were sent."
Section 3. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 348, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 348
INTRODUCED BY G. NIKOLAKAKOS, D. BEDEY, L. JONES, W. MCKAMEY, D. FERN, J. KASSMIER, S.
FITZPATRICK, B. BARKER, J. KARLEN
AN ACT REVISING THE SPECIAL SESSION LEGISLATIVE POLLING LAWS; INCREASING THE NUMBER OF
LEGISLATORS REQUIRED TO TRIGGER A SPECIAL SESSION POLL; REQUIRING THAT THE REQUEST
FOR A SPECIAL SESSION INCLUDE DRAFT LEGISLATION TO BE PROPOSED DURING THE SPECIAL
SESSION; AMENDING SECTIONS 5-3-105 AND 5-3-106, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.