SB 298 revises the statutory duties of the Montana Secretary of State, with the central change being a new requirement that the secretary exercise supervisory authority over county election administrators. Under the bill, the secretary would not only oversee these officials generally, but could also order and direct them in matters related to their duties and require prompt reporting and information sharing on voter registration, voter rolls, elections, and election management systems. The bill also updates the Secretary of State’s general duties section to reflect this expanded role.
The measure also makes a narrower change to business filing law by restricting the Secretary of State from accepting certain business registrations that use the term “cooperative,” unless the entity falls within specified cooperative statutes or was formed before October 1, 2023. A violation would be subject to a civil fine of $50 to $1,000. The bill amends both the Secretary of State duties statute and the election administrator statute, and it would take effect July 1, 2025.
Impact
If enacted, SB 298 would materially expand the Secretary of State’s statutory authority over county election administrators and alter the balance between state-level election oversight and county administration. It would also add a new compliance and enforcement rule for business filings involving the word “cooperative,” affecting the Secretary of State’s business registration review process and potentially some entities seeking to organize under that terminology. The bill amends sections 2-15-401 and 13-1-301, MCA.
Sentiment
The available voting history suggests the bill did not advance: it was tabled in the Senate State Administration Committee by a 9-0 vote and later died in process. With no committee transcript provided, there is no recorded floor or committee debate to indicate support or opposition in detail, but the unanimous tabling vote indicates a lack of committee support for moving the bill forward.
Contention
The main point of contention appears to be the bill’s expansion of state control over county election administrators, especially the explicit authority for the Secretary of State to order and direct local election officials and demand election-related information. That change likely raised concerns about local control, administrative independence, and the scope of state oversight in elections. The separate restriction on use of the term “cooperative” in business filings may also have been a secondary issue for affected business entities, though the election oversight provisions appear to be the bill’s most significant and potentially controversial feature.
Pharmacy Board, continued until October 1, 2026; membership and duties of board revised and penalties for violations revised, pursuant to the Sunset Law
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
A bill for an act providing for certain business entities acting under the jurisdiction of the secretary of state by providing for the removal of information from a filing based on a sworn affidavit and administrative dissolution based on the response to interrogatories.(See HF 2678.)