Montana House of Representatives District 28

Montana House of Representatives District 28 is represented by Eric Albus (R).

As of the 2020 Census, Montana state representatives represented an average of 10,854 residents. After the 2010 Census, each member represented 9,944 residents.

About the office

Members of the Montana House of Representatives are subject to term limits and may not serve more than four two-year terms. Montana legislators assume office the first Monday of January following the election. If January 1 is a Monday, legislators assume office on the first Wednesday.^[1]^[2]

Qualifications

See also: State legislature candidate requirements by state

According to Part V, Section 4, of the Montana Constitution, in order to be eligible to serve in the Montana House of Representatives,^[3] "A candidate for the legislature shall be a resident of the state for at least one year next preceding the general election. For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts or of the district if it contains all or parts of more than one county."

According to the Montana Secretary of State, candidates must be U.S. citizens.^[4]

Candidates must be registered voters in the state.^[5]^[6]

Salaries

See also: Comparison of state legislative salaries

State legislative salaries, 2024^[7]
Salary	Per diem
$104.86/legislative day	$171/day

Term limits

See also: State legislatures with term limits

The Montana legislature is one of 16 state legislatures with term limits. Voters enacted the Montana Term Limits Act in 1992. That initiative said that Montana representatives cannot serve more than four two-year terms, or a total of eight years in any 16-year period.^[8]

The first year that the term limits enacted in 1992 impacted the ability of incumbents to run for office was in 2000.^[9]

Vacancies

See also: How vacancies are filled in state legislatures

If there is a vacancy in the Montana State Legislature, the board of county commissioners of the county that comprises the legislative district of the vacant seat must select a replacement. The secretary of state must notify the board of county commissioners and the state party that holds the vacant seat no later than seven days after being informed of the vacancy. The county central committee has 45 days after receiving notice from the secretary of state to provide a list of candidates to the board of county commissioners. The board must select a replacement no later than 15 days after receiving the list of candidates. If the legislature is in session, the selection must be made no later than five days after receiving a candidate list.^[10] Any person selected to fill a House seat serves for the remainder of the unfilled term. Any person selected to fill a Senate seat serves until the next scheduled general election.^[11]

See sources: Montana Const. Art. 5, Sec 7 and Montana Code Ann. §5-2-402

2016 pivot county

See also: Pivot Counties and Legislative districts intersecting with Pivot Counties

This district was one of 710 state legislative districts that, based on boundaries adopted after the 2010 census, intersected with one or more Pivot Counties. These 206 Pivot Counties voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012.

The 206 Pivot Counties were located in 34 states. Iowa, with 31, had the most such counties. At that time, the partisan makeup of state legislative districts intersecting with Pivot Counties was slightly more Republican than the overall partisan makeup of state legislatures throughout the country.^[12]

District map

Redistricting

See also: Redistricting in Montana

Montana uses a non-politician commission for congressional and state legislative redistricting. This commission comprises five members. The majority and minority leaders of each chamber of the state legislature select one member a piece. These four members then select a fifth to serve as the commission's chair. If the first four commissioners are unable to agree on an appointment, the Montana Supreme Court may select the fifth member.^[13]

The Montana Constitution requires that no commissioner be a public official. State statutes require that two of the first four commissioners "must be selected from certain counties (roughly, in the Montana Rockies to the west) and two must be selected from the rest of the state (to the east)."^[13]

The state's Districting and Apportionment Commission must complete congressional redistricting within 90 days of receiving federal census data. It must prepare a legislative redistricting plan "by the 10th legislative day of the first regular session after the federal census results are available. The Legislature then has 30 days to make recommendations to the commission. Within 30 days of receiving the Legislature's recommendations, the commission must file the redistricting plan with the Secretary of State, and it becomes law. Although the commission may modify the plan to accommodate the Legislature's recommendations, it is not required to do so."^[14]

The state constitution requires that districts be both contiguous and compact.^[13]

“	The ... commission has stated that it may gauge compactness by looking to a district's general appearance, and the degree to which it fosters "functional compactness" through "travel and transportation, communication, and geography." The commission has similarly determined that it will, in drawing legislative districts, consider the boundary lines of political subdivisions (counties, cities, towns, school districts, Indian reservations, neighborhood commissions, and others); follow geographic boundaries; and consider keeping intact communities of interest (based on "Indian reservations, urban[, suburban, or rural] interests, . . . neighborhoods, trade areas, geographic location, communication and transportation networks, media markets, social, cultural and economic interests, or occupations and lifestyles").^[15]	”
—All About Redistricting

2020-2024

See also: Redistricting in Montana after the 2020 census

Montana enacted new legislative district boundaries after the 2020 census on February 22, 2023, when the Montana Districting & Apportionment Commission (MDAC) submitted its final plan to the secretary of state. The commission had voted 3-2 to approve the final plan on February 11, 2023. The two Democratic-appointed commissioners and the commission's chairperson—that the state supreme court appointed—voted to approve the plan. The two Republican-appointed commissioners voted against it. These districts took effect for the 2024 elections.

The MDAC voted 3-2 to submit its final legislative district boundary proposal to the legislature on December 21, 2022. The commission's nonpartisan chairperson, Maylinn Smith, and two Democratic-appointed commissioners voted to approve the map, and the two Republican-appointed commissioners voted against it.^[16] The legislature provided recommendations on the plan via a joint House-Senate resolution on February 2, 2023. The MDAC incorporated some, but not all, of the legislature's proposed amendments into the final plan.

Montana was the last state to enact legislative redistricting plans after the 2020 census. The state constitution requires that the redistricting commission submit legislative maps to the legislature so they can provide non-binding recommendations before they are enacted. Montana's legislature only meets in odd-numbered years and adjourned in April 2021, before U.S. Census data was delivered to the states on August 12, 2021.^[17]

Shaylee Ragar of Montana Public Radio wrote that "According to data compiled by Democrats on the commission, the map could give Republicans a 20-seat advantage in the House and an 8-seat advantage in the Senate. It projects Democrats picking up a few seats currently held by Republicans."^[18] Arren Kimbel-Sannit wrote in the Montana Free Press that, "In sum, the new maps could cost Republicans several seats while still leaving them a sizable majority that at least suggests the GOP’s dominance in recent elections."^[19]

Below are the maps in effect before and after the 2020 redistricting cycle. The map on the right was in effect for Montana’s 2024 state legislative elections.

Elections

2024

General election

General election for Montana House of Representatives District 28

Eric Albus defeated Blake Borst in the general election for Montana House of Representatives District 28 on November 5, 2024.

		Candidate	%	Votes
✔		Eric Albus (R)	77.1	4,118
	Submit photo	Blake Borst (D)	22.9	1,225

	There were no incumbents in this race. The results have been certified. Source	Total votes: 5,343
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Democratic primary election

Democratic primary for Montana House of Representatives District 28

Blake Borst advanced from the Democratic primary for Montana House of Representatives District 28 on June 4, 2024.

		Candidate	%	Votes
✔	Submit photo	Blake Borst	100.0	481

	There were no incumbents in this race. The results have been certified. Source	Total votes: 481
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Republican primary election

Republican primary for Montana House of Representatives District 28

Eric Albus defeated Mark Wicks and Wayne Stahl in the Republican primary for Montana House of Representatives District 28 on June 4, 2024.

	Candidate	%	Votes
✔	Eric Albus	40.6	1,120
	Mark Wicks	33.2	915
	Wayne Stahl	26.2	722

	There were no incumbents in this race. The results have been certified. Source	Total votes: 2,757
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.