School bond and tax elections in Montana

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School bond and tax elections in Montana are required for:
  • Issuance and sale of new bonds.

Laws affecting school finance

Bond Issue law

Under Montana law, a school election is required if a school district plans to sell new bonds that is done through open and competitive or sealed bidding[1].

In order to issue bonds without going to an election, the school district must issue a resolution citing:

  • The facts regarding the outstanding bonds that are to be redeemed.
  • The reasons for issuing new bonds.
  • The term and details of the new bond issue[2].

Local initiative and referendum

The Montana Constitution allows local governments including school districts to give voters the right to initiate school finance questions on the ballot[3].

Conduct of the bond election, limitations, rules

Authority conducting elections

The County Clerk and Recorder is responsible for conducting the election unless the county designates someone else[4].

Election dates

Elections must be held during the first Tuesday after the first Monday in May and the first Tuesday after the first monday in November[5].

Needed majority

A simple majority is needed to pass a school bond and tax election in Montana[6].

Special elections

There are no restrictions on when a special election can be held or when a resolution can be issued calling for one. However, notice must be given three times in the last four weeks of the election to the local newspaper[7].

Wording of measures

There are no restrictions on how ballot questions can be worded for school bond elections[8].

Required notice of election

All school districts must post a required notice two times in a newspaper no less than 20 and no more than 40 days before an election[9]. There is no requirement for a school district must issue a resolution before the 40/20 day notice deadline.

See also

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References

  1. Montana Legislature "Montana Statutes"(Referenced Statute 20-9-412 (2)(b))
  2. Montana Legislature, "Montana Statutes"(Referenced Statute 20-9-412 (1)(a)-(c))
  3. Montana Legislature, "Montana Constitution"(Referenced Section Article XI, Section 8)
  4. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-301 (1))
  5. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-104 (1)-(3))
  6. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-103(4))
  7. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-108)
  8. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-122)
  9. Montana Legislature, "Montana Statutes"(Referenced Statute 13-1-401(4))