_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT providing for a school elections task force; specifying the duties, membership, and procedures of the task force; establishing reporting requirements; PROVIDING AN APPROPRIATION; and PROVIDING AN EFFECTIVE DATE and A TERMINATION DATE."

WHEREAS, there is significant legislative and voter interest in providing that school elections be administered by counties and be combined with the statewide general election to achieve the policy goals of greater voter turnout and increased trust in the integrity of school elections; and

WHEREAS, a thorough examination and understanding of the technical, statutory, administrative, and financial complexities involved is required to provide for these changes in a manner that is most feasible; and

WHEREAS, such an effort is best undertaken by a task force with members who have expertise and experience in these matters; and

WHEREAS, this task force is a key part of a package of bills that offers incremental steps toward the policy goals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. School elections task force -- duties -- membership -- staffing and expenses. (1) There is a school elections task force with membership and duties provided in this section.

(2)        The task force shall examine the state statutes and administrative procedures related to:

(a)        the timeline and procedures for school trustee elections, school funding elections, federal general elections, the statewide general election, municipal general elections, and special purpose district elections;

(b)        the varied boundaries involved in different types of elections and how they are documented and maintained for election administration purposes;

(c)        school district trustee terms of office and associated election timelines;

(d)        school district budgeting and their fiscal year calendar;

(e)        the legal authority, roles, and responsibilities of state, county, and school district officials related to election administration and school funding;

(f)         the cost of and funding for administering school elections;

(g)        the county personnel and training needed for counties to administer school elections; and

(h)        any other matters that may arise in the context of the task force's prescribed duties.

(3)        Based on its examination and findings under subsection (2), the task force shall develop specific recommendations for how best to revise current state statutory language and election administration procedures to:

(a)        provide that counties administer all school elections;

(b)        address how to update and maintain the accuracy of school district boundary information for election administration;

(c)        provide that school elections are combined with the statewide general election to the extent feasible; and

(d)        address election administration personnel requirements, training needs, costs, and funding responsibilities.

(4)        The task force shall invite and consider information from stakeholders, including voters and state, county, local government, and school officials, and their representative organizations.

(5)        (a) The task force shall present progress reports at least quarterly, including its final report, to the state administration and veterans' affairs interim committee, the education interim committee, the secretary of state's office, and the office of public instruction.

(b)        The progress reports may be provided in writing but must be presented in person or by remote videoconference if requested.

(c)        The final report must be provided by July 1, 2024, and must include the specific recommendations described in subsection (3).

(d)        The final report may include alternative legislative options that meet the policy goals of greater voter turnout and increased trust in the integrity of school elections.

(6)        The task force must consist of 12 members:

(a)        two legislative members as follows:

(i)         a senator appointed by the senate committee on committees; and

(ii)         a member of the house of representatives appointed by the speaker of the house of representatives;

(b)        eight members appointed by the superintendent of public instruction as follows:

(i)         four county officials to represent county election administrators, county superintendents, and county finance officers; and

(ii)         four school district officials to represent school district clerks who administer school elections, school board trustees, and school finance officers;

(c)        a member appointed by the secretary of state from the elections staff of the office of the secretary of state; and

(d)        a member appointed by the superintendent of public instruction from the office of public instruction who is knowledgeable about school elections.

(7)        In making the appointments under subsection (6), the superintendent of public instruction shall consider how best to represent factors such as:

(a)        counties and school districts with large and small populations and tax bases;

(b)        school districts with boundaries that cross county boundaries;

(c)        school districts with single-member trustee districts;

(d)        high school districts with additional trustees; and

(e)        counties with a large number of school districts.

(8)        (a) Legislative members of the task force are entitled to receive compensation and expenses as provided in 5-2-302.

(b)        A nonlegislative member of the task force who is not a full-time salaried officer or employee of the state or a political subdivision of the state is entitled to salary and expenses to the same extent as a legislative member.

(c)        A member of the task force who is a full-time salaried officer or employee of the state or a political subdivision of the state is entitled to reimbursement for travel expenses as provided in 2-18-501 through 2-18-503.

(9)        The office of public instruction shall provide staff support for the task force, including a facilitator who shall act as a nonvoting presiding officer and conduct task force meetings in accordance with subsection (10).

(10)       Task force meetings must be conducted as follows:

(a)        public notice must be provided at least 10 days prior to each meeting;

(b)        minutes must be kept and meetings must be recorded;

(c)        members shall participate remotely only by phone or videoconference;

(d)        proxies may not be permitted; and

(e)        the task force shall adopt rules of parliamentary procedure that, to the extent practical, include a consensus model of decisionmaking, providing that:

(i)         actions are taken without objection;

(ii)         an objection may be recognized only if the objecting member offers an alternative path forward in the matter; and

(iii)        a vote is taken only if the facilitator considers consensus without objection is not possible, in which case the matter must be decided by a majority vote, and if there is a tie vote, the senate member shall decide the matter.

NEW SECTION. Section 2. Appropriation. There is appropriated $35,000 from the general fund to the office of public instruction for the fiscal year beginning July 1, 2023, for the staffing and operation of the school elections task force provided for in [section 1].

NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 2023.

NEW SECTION. Section 4. Termination. [This act] terminates July 1, 2024.