Want to Review Your Local Government? Apply for the Study Commission

Earlier this year the Town of Whitehall, along with its voters, consented to the constitutionally required local government review which occurs every ten years. This mandate is an opportunity for citizens to review their city’s power and form of government and to make recommendations for improvements in their structure of government.

Cities and counties that choose to participate, as the Town of Whitehall did, will elect study commissioners to evaluate the local government’s structure and propose recommendations for improvements. Any recommendations will be proposed to the voters by November 2026.

“Article XI, Section 9 (of the 1972 Montana Constitution) mandated that the legislature establish procedures that would require every unit of county and municipal government to undergo periodic citizen review of the structures of their local government. This Local Government Review process was unprecedented in the United States and remains, after more than three decades and four complete Voter Review cycles, a truly distinctive characteristic of the Montana political landscape and, arguably, one of the most important innovations in modernizing the performance and accountability of local government in the twentieth century (and beyond).”

- Dr. Kenneth Weaver, Montana’s Local Government Review

For more information regarding required hearings and public participation opportunities, along with more details about the voter review timeline, please see 7-3-171 through 7-3-193 MCA.

Study Commissioner Training: Interested in applying to be a study commissioner or learning more about the study commissioner’s role in the Voter Review process? Register to attend the webinar for study commissioner candidates on July 24, 2024, at 11 AM by contacting the County Clerk & Recorder’s office.

Resolution Information: According to 7-3-173, MCA, ALL county and municipal governments must pass a resolution every ten years that calls for an election on the question of conducting a local government review and establishing a study commission. This resolution must be passed and submitted to the County Elections Administrator by March 11, 2024, and the question will subsequently appear on the ballot at the primary election held on June 4, 2024. The ballot language is mandated by 7-3-175, MCA .

If the voters decide in favor of conducting a local government review, the study commissioners will be elected during the general election on November 5, 2024 pursuant to 7-3-176, MCA. After the study commission completes its work, their proposed changes will be placed on the ballot for the voters to decide by the general election of November 2026.

The Resolution calling for the election must specify the number of members to be elected and must include the dollar amount or number of mills that will be permissively levied to fund the activities of the Study Commission. Statute used to specify that 2-mills would be levied but that provision was amended in 1999 to make the levy “Subject to 15-10-420” which meant that the study commission had to be funded out of existing sources. That provision was repealed in 2007 and language was added to say: “the local government may levy mills in excess of all other mill levies authorized by law to fund the appropriation for the support of the study commission” so the amount you include in the Resolution and Ballot language may be locally determined and is outside of your 15-10-420 levy limit. Any money remaining in the Study Commission Fund at the end of the two year cycle reverts to the municipality’s general fund.

REVIEW TIMELINE

February 2024: Adopt resolution to place on the ballot the question of establishing a study commission that includes number of commissioners and amount of funding not to exceed $X,XXX (MCA 7-3-173 & 7-3-175).

June 2024: Local Government Review election on the question of establishing a study commission (MCA 7-14-173). Ballot measure passes with a majority of those voting on the question.

July-August 2024: Citizens file with county election administrator to be a study commission candidates (MCA 7-3-174). MSU Local Government Center connects with mayor/manager or chair of county commission in jurisdictions that elect to conduct a Local Government Review to provide training and support.

November 2024: Election or appointment of Study Commissioners (MCA 7-3-174 & 7-3-176). Study Commissioners take office the day the election is declared or certified (MCA 7-3-178) Exofficio member is appointed by the governing body, must be a current elected official or employee of the local government (MCA 7-3-177).

November/December 2024: Within 10 days after taking office the Study Commission meets to organize. Date set by the presiding officer (mayor/manager or chair of board of county commission), swear in, elect temporary presiding officer until a permanent presiding officer is selected. Discuss when, where, how to meet, develop budget, decide whether to cooperate with another jurisdiction and consider consolidation or collaboration of services (MCA 7-3-179 & 7-3-180).

December 2024: MSU Local Government Center hosts study commissioner training.

December 2024 to November 2026: MSU Local Government Center, Montana Association of Counties, Montana League of Cities and Towns, etc. supports study commission with technical assistance, training and community engagement.

Study Commission reviews power, form, and plan of government. Either choses “no change” or makes recommendation to voters by November election in 2026 (MCA 7-3-192 and 7-3-149). Within 60 days of adoption of the Local Government Review report, submits reports to appropriate agencies and Earlier this year the Town of Whitehall, along with its voters, consented to the constitutionally required local government review which occurs ever ten years. This mandate is an opportunity for citizens to review their city’s power and form of government and to make recommendations for improvements in their structure of government.

Cities and counties that choose to participate, as the Town of Whitehall did, will elect study commissioners to evaluate the local government’s structure and propose recommendations for improvements. Any recommendations will be proposed to the voters by November 2026.

“Article XI, Section 9 (of the 1972 Montana Constitution) mandated that the legislature establish procedures that would require every unit of county and municipal government to undergo periodic citizen review of the structures of their local government. This Local Government Review process was unprecedented in the United States and remains, after more than three decades and four complete Voter Review cycles, a truly distinctive characteristic of the Montana political landscape and, arguably, one of the most important innovations in modernizing the performance and accountability of local government in the twentieth century (and beyond).”

- Dr. Kenneth Weaver, Montana’s Local Government Review

For more information regarding required hearings and public participation opportunities, along with more details about the voter review timeline, please see 7-3-171 through 7-3-193 MCA.

Study Commissioner Training: Interested in applying to be a study commissioner or learn more about the study commissioner’s role in the Voter Review process?

Register to attend the webinar for study commissioner candidates on July 24, 2024 at 11 AM by contacting the County Clerk & Recorder’s office.

Resolution Information: According to 7-3-173, MCA, ALL county and municipal governments must pass a resolution every ten years that calls for an election on the question of conducting a local government review and establishing a study commission. This resolution must be passed and submitted to the County Elections Administrator by March 11, 2024, and the question will subsequently appear on the ballot at the primary election held on June 4, 2024. The ballot language is mandated by 7-3-175, MCA .

If the voters decide in favor of conducting a local government review, the study commissioners will be elected publishes findings (MCA 7-3-187 through 191).

FREQUENTLY ASKED QUESTIONS ABOUT THE REVIEW

• What is the Local Government Review election? Established as part of the 1972 Constitution, the Local Government Review election is to be held by each city and county government every 10 years. If your city or county government has held a Local Government Review election any time after the 2014 general election until now, you should consult with your county attorney regarding your responsibility.

• Where can I find the laws on the Local Government Review election? The applicable laws, 7-3-171 through 7-3-193, MCA, are found at http://leg.mt.gov/bills/mca_toc/7_3_1.htm.

• Does the Local Government Review election apply only to city governments? No, local governments have been defined to include both city and county governments.

• Is it a requirement that the governing body call for a local government review? Yes. As required under 7-3-173(2), MCA, “The governing body shall call for an election, to be held on the primary election date, on the question of conducting a local government review and establishing a study commission.” A governing body shall call for an election on Local Government Review by March 11, 2024.

• Who pays the cost of putting the local government review question on the ballot? According to 13-1-302, MCA, each jurisdiction shall pay their proportionate cost. The county will bill the municipality for their proportionate cost, which cannot include the services of the election administrator or capital expenditures. The proportionate costs shall be only those additional costs incurred as a result of the political subdivision holding its election in conjunction with the primary or general election.

For uniformity purposes, those costs should be: any extra ballot costs, any extra equipment programming costs, any extra advertising costs, and any other additional costs incurred because the municipal ballot issue appears on the primary ballot and the municipal local government review candidates appear on the general election ballot, if applicable.

•What happens if a voter is eligible to vote in the county election and in the city election? Since the local government review election is for cities and counties, an elector who lives within the city limits will be presented with the question of whether to hold a local government review election twice (once for the county of residence and once for the city of residence.)

• Do we have to report the results to the Secretary of State’s Office? Even though you do not provide the canvass for other local election results to the Secretary of State, according to Section 7-3-174(2), MCA, the election administrator shall report the results of the local government review ballot question and the results of the election of commissioner members (if applicable) to the Secretary of State within 15 days of the official canvass. The report of results will have to be filed 15 days after the primary election canvass, and 15 days after the general election canvass (if applicable).

• How many commission positions will be open after the primary, if the voters choose to have a commission? Under Section 7-3-177, MCA, the study commission must be an odd number of not less than three members, determined by resolution.

• When will candidate filing open and close? If a majority of voters voting on the question at the primary election vote in favor of the study commission, candidate filing will open on the date that the primary election results are certified (the primary canvass), and will close August 12, 85 days before the general election.

• Where are the candidate filing forms? Declaration for nomination forms can be found on the Secretary of State’s website.

• Is this a partisan election? Will there be a primary? Are filing fees required? Can election officials of the local government be candidates for the study commission? According to Section 7-3-176, MCA, the election is a nonpartisan election, there will be no primary election, and there are no filing fees. Also, the candidates are not permitted to be elected officials of the local government.

• Does a person have to live within the jurisdiction being studied to be a candidate? Yes, candidates for study commission positions must be electors of the local government for which the study commission has been established. Candidates may not be elected officials of the local government.