Revise laws related to veto override polls

- 2025
69th Legislature 2025 HB 539
- 1 - Authorized Print Version – HB 539
ENROLLED BILL
AN ACT REVISING VETO OVERRIDE POLL PROCESS LAWS; REQUIRING THE SECRETARY OF STATE
TO CONDUCT A DAILY TALLY OF LEGISLATOR VETO OVERRIDE VOTES DURING THE POLLING
PROCESS; AMENDING SECTION 5-4-306, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 5-4-306, MCA, is amended to read:
"5-4-306. Return when legislature not in session. (1) If, on the day the governor desires to return a
bill without approval and with objections to the bill to the house in which it originated, that house has adjourned
for the day, but not for the session, the governor may deliver the bill with the message to the presiding officer,
secretary, clerk, or any member of that house. The delivery is as effectual as though returned in open session if
the governor, on the first day the house is again in session, by message, notifies it of the delivery and of the
time when and the person to whom the delivery was made.
(2) (a) If the legislature is not in session when the governor vetoes a bill, the governor shall return
the bill with the reasons for the veto to the secretary of state.
(b) If the bill was not approved by two-thirds of the members voting on the final vote on the bill, the
secretary of state shall within 5 working days of receipt of the bill and veto message mail a copy of the title of
the bill and the veto message to each member of the legislature.
(c) (i) If the bill was approved by two-thirds of the members voting on the final vote on the bill, the
secretary of state shall poll the members of the legislature.
(ii) The secretary of state shall within 5 working days of receipt of the bill and veto message send
by certified mail to each legislator, at an address provided by the legislator, a copy of the bill and the veto
message, a ballot, a return envelope, instructions for casting a vote, and notice of the date by which each
legislator shall return a vote.
- 2025
69th Legislature 2025 HB 539
- 2 - Authorized Print Version – HB 539
ENROLLED BILL
(iii) The date for return must be within 30 days after the date on which the bill, veto message, and
voting instructions are sent. A legislator may cast and return a vote by delivering the ballot and return envelope
in person or by mailing the ballot in the return envelope by regular mail, postage paid, or by sending the ballot
by facsimile transmission to the office of the secretary of state.
(iv) A legislator may not change the legislator's vote after the ballot is received by the secretary of
state.
(v) (A) The secretary of state shall, within 15 days after the date on which the bill, veto message,
and voting instructions are sent, conduct a daily tally of the votes returned and publish that daily tally on the
secretary of state's website. The daily tally must include the list of legislators who have voted and how they
have voted.
(B) The secretary of state shall tally all the votes within 1 working day after the date for return of
the votes. If two-thirds or more of the members of each house vote to override the veto, the bill becomes law.
(3) The legislature may reconvene to reconsider any bill vetoed by the governor when the
legislature is not in session by using the statutory procedure provided for convening in special session."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 539, 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. 539
INTRODUCED BY B. MERCER
AN ACT REVISING VETO OVERRIDE POLL PROCESS LAWS; REQUIRING THE SECRETARY OF STATE
TO CONDUCT A DAILY TALLY OF LEGISLATOR VETO OVERRIDE VOTES DURING THE POLLING
PROCESS; AMENDING SECTION 5-4-306, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.