RESOLUTION 2004-4

 

ROAD LEVY ELECTIONS SUBJECT TO 15-10-420

 

OPTIONAL VOTING AUTHORITY

It is the intent of the Montana Association of Counties to seek legislation giving county commissioners the optional authority to extend the vote in road levy elections to the owners of agricultural property who do not reside in the district by adopting a resolution setting forth the parameters of this voting privilege and conducting a hearing on the question.  

 
 

 

 

 

 

 

 

 


           

WHEREAS, many counties have significant numbers of owners of taxable real property who do not reside in that part of the county subject to the road levy; and

 

            WHEREAS, they are currently excluded from voting on the question of raising taxes subject to MCA 15-10-420.

 

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties will seek to add a provision to MCA Title 7, Chapter 14, Part 25 providing county commissioners the optional discretion to adopt a resolution allowing for nonresident voting in questions of road levies.

 

“Qualifications to vote on question of road levy. A Board of County Commissioners may adopt a resolution extending voting privileges to individuals otherwise disqualified from voting under the provision of MCA 13-1-111(1) (c).

The resolution of intent must be adopted by the Board stating their intent to authorize individuals who are the owners of such agricultural property and do not possess the qualifications required of an elector in 13-1-111(1)(c) since they do not actually reside in the district, may vote provided that such individuals are qualified if they are registered to vote in the state and they file proof of such registration with the election administrator.

The commissioners shall fix a time for a hearing on the resolution at not less than 2 or more than 4 weeks from the time of the adoption of the resolution.”

 

SPONSOR:                                      Districts 6 and 7

 

RECOMMENDATION:                   Do Pass

 

PRIORITY:                                        Medium

 

REFERRED TO:                             MACo Agriculture Committee, MACo Taxation, Finance and Budget, MACo Transportation Committee, Clerk and Recorders Association

 

ADOPTED: