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Public policy in Montana
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The Public Policy Project on Ballotpedia aims to illuminate major policy issues being discussed and implemented throughout the United States. Public policy can be complicated and controversial; deciding what works best and how to allocate resources to achieve a policy goal can involve multiple trade-offs. Much of the public policy that affects citizens economically, legally and socially, is made at the state level. Below you will find links and introductions to all the Montana public policy articles on Ballotpedia. To see the policy overview of another state click on the map below.
- For a list of all public policy articles on Ballotpedia see here.
Budget Policy
Budget and finances
In Montana, as in other states, lawmakers and public officials are elected in part to manage the state's finances. This includes generating revenues (money coming into the state from various sources) and approving expenditures (the money spent on governmental functions and servicing state debt). State budgets are complex and fluid, as they depend on anticipated revenues and planned expenditures, which may alter over the course of a fiscal year. If revenues do not keep pace with expenditures, states generally have to raise taxes, cut services, borrow money, or a combination of the three. State budget decisions are also influenced by policy decisions at the national level, such as the Affordable Care Act or energy and environmental regulations, and issues at the local level, such as crime and the quality of education.
Taxes
Montana generates the bulk of its tax revenue by levying a personal income tax and select sales taxes (otherwise known as excise taxes). The state derives its constitutional authority to tax from Article VIII of the state constitution.[2][3]
Tax policy can vary from state to state. States levy taxes to help fund the variety of services provided by state governments. Tax collections comprise approximately 40 percent of the states' total revenues. The rest comes from non-tax sources, such as intergovernmental aid (e.g., federal funds), lottery revenues and fees. The primary types of taxes levied by state governments include personal income tax, general sales tax, excise (or special sales) taxes and corporate income tax.[4]
Civil Liberties Policy
Affirmative action
Affirmative action in Montana refers to the steps taken by employers and universities in Montana to increase the proportions of historically disadvantaged minority groups at those institutions. Historically, affirmative action nationwide has taken many different forms, such as strict quotas, extra outreach efforts, and racial and gender preferences. However, racial quotas in university admissions were banned in a 1978 United States Supreme Court case, Regents of the University of California v. Bakke.[5]
On June 29, 2023, the Supreme Court reversed lower court decisions in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, effectively ending the use of affirmative action in college admissions.
As of March 2015, 109 out of 577 public four-year universities across the country reported that they considered race in admissions. This practice has been banned in eight states. Meanwhile, 28 states require affirmative action plans in either public employment or apprenticeships. Affirmative action programs that grant racial preferences have come under scrutiny in the courts for potentially violating the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act.[6][7]
The effects of affirmative action policies are contested. Proponents argue that affirmative action diversifies selective institutions and provides more opportunities to minorities. Opponents argue that implementing policies that favor some groups requires discrimination against others and that these policiesmay harm individuals they are meant to help.
Campaign finance
Campaign finance requirements govern how much money candidates and campaigns may receive from individuals and organizations, how they must report those contributions, and how much individuals, organizations, and political parties may contribute to campaigns. In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
This page provides background on campaign finance regulation, lists contribution limits to state candidates and ballot measures in Montana, compares contribution limits to gubernatorial and state legislative candidates in Montana with those from other states, and details the candidate reporting requirements in Montana.
The information on this page pertains to candidates for state office and state ballot measures. Candidates for federal office are subject to federal campaign finance law. Candidates for local office are subject to all applicable state laws as well as any separate local campaign finance regulations.[8]
Nonprofit regulation
Nonprofit regulation in Montana involves a complex set of rules that govern nonprofit organizations and charitable giving throughout the state. Major issues surrounding nonprofit regulation nationwide include the following:
- contribution limits,
- donor disclosure, and
- the redefinition of issue advocacy.
Montana is one of 11 states that do not require charitable organizations, or those intending to solicit on their behalf, to register with the state in order to solicit contributions, whether they are a Montana organization or based out-of-state.[9]
Education Policy
Charter schools • Higher education • Public education • School choice |
K-12 Public education
The Montana public school system (prekindergarten through grade 12) operates within districts governed by locally elected school boards and superintendents. In 2022, Montana had 108,894 students enrolled in a total of 684 schools in 302 school districts. There were 7,866 teachers in the public schools, or roughly one teacher for every 14 students, compared to the national average of 1:16. In 2020, Montana spent on average $12,101 per pupil.[12] The state's graduation rate was 87 percent in the 2018-2019 school year.[13]
Higher education
Montana's higher education system is composed of 23 colleges and universities. Of these, 17 are public institutions, six are nonprofit private schools, and none are for-profit private institutions.[14]
School choice
School choice is a term that refers to programs offering alternatives to assigned local public school options. Public school choice options include open enrollment policies, magnet schools, and charter schools. Other options include school vouchers, scholarship tax credits, and education savings accounts (ESAs).[15][16]
Proponents argue that school choice programs improve educational outcomes by expanding opportunity and access for historically disadvantaged students. In addition, advocates claim that school choice programs empower parents and improve traditional public schools through competition. Critics contend that these programs divert funds from traditional public schools, thereby generating unequal outcomes for students. In addition, some critics argue that school voucher programs wrongly direct tax dollars to religious organizations, which operate many private schools.
Charter schools
Charter schools are public schools operated independently of public school systems, either by nonprofit or for-profit organizations. Although they are largely publicly funded, charter schools are exempt from many of the requirements imposed by state and local boards of education regarding hiring and curriculum. As public schools, charter schools cannot charge tuition or impose special entrance requirements; students are usually admitted through a lottery process if demand exceeds the number of spaces available in a school. Charter schools generally receive a percentage of the per-pupil funds from the state and local school districts for operational costs based on enrollment. In most states, charter schools do not receive funds for facilities or start-up costs; therefore, they must rely to some extent on private donations. The federal government also provides revenues through special grants. As of March 2017, 44 states and the District of Columbia had approved legislation authorizing the creation of public charter schools. Six states had not.
As of June 2016, Montana had not enacted charter school legislation.[17][18]
Election Policy
Ballot access requirements
In order to get on the ballot in Montana, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Montana. For information about filing requirements for presidential candidates, click here. Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Montana's two United States Representative and 150 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[19][20][21][22]
Montana was apportioned 2 seats in the U.S. House of Representatives after the 2020 census, 1 more than it received after the 2010 census.
Voting
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| Select a state from the menu below to learn more about its voting policies. |
The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.
This article includes the following information about voting policies in Montana:
- Voter registration details, including deadlines and eligibility requirements.
- In-person voting details, including identification requirements, poll times, and early voting provisions.
- Absentee/mail-in voting deadlines and rules.
- Details about voting rules for people convicted of a felony.
- Contact information for election agencies.
Click here for more information about election administration in the state, including voter list maintenance policies, provisional ballot rules, post-election auditing practices, and additional election policy context.
For information on elections happening this year, click here.
Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.
Energy Policy
Energy information
Energy policy involves governmental actions affecting the production, distribution, and consumption of energy in a state. Energy policies are enacted and enforced at the local, state, and federal levels and may change over time. These policies include legislation, regulation, taxes, incentives for energy production or use, standards for energy efficiency, and more. Stakeholders include citizens, politicians, environmental groups, industry groups, and think tanks. A variety of factors can affect the feasibility of federal and state-level energy policies, such as available natural resources, geography, and consumer needs.
Fracking
| Read about Montana's state energy profile » |
As of May 2017, there were 9,152 producing oil and natural gas wells in Montana. Of that total, there were 4,856 producing directionally and/or horizontally drilled wells that were hydraulically fractured—53 percent of producing wells. According to a December 2015 report from the Montana Farmers Union, “The vast majority of fracking wells are in eastern Montana, in the area known as the Bakken Oil Field.” The map below shows the location of the Bakken Shale formation.[23][24][25]
Environmental Policy
Environmental information
Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in Montana.
Endangered species
Endangered species policy in Montana involves the identification and protection of endangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.
Finance Policy
Financial regulation information
The United States financial system is a network that facilitates exchanges between lenders and borrowers. The system, which includes banks and investment firms, is the base for all economic activity in the nation. According to the Federal Reserve, financial regulation has two main intended purposes: to ensure the safety and soundness of the financial system and to provide and enforce rules that aim to protect consumers. The regulatory framework varies across industries, with different regulations applying to different financial services.[26]
Individual federal and state entities have different and sometimes overlapping responsibilities within the regulatory system. For example, individual states and three federal agencies—the Federal Reserve, the Office of Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC)—regulate commercial banks. Other sectors of the financial market are regulated by specific entities.[27][28]
Some, such as the Brookings Institution, argue that expanded governmental regulation of banks and financial products (e.g., mortgages) can prevent large-scale financial crises, protect consumers from abusive practices, and stabilize financial markets. Others, such as the Cato Institute, argue that over-regulation of banks of banks and financial products burdens business, stalls economic growth, and does little, if anything, to stabilize financial markets. Beyond this basic debate about the role of the government in regulating the private financial sector, there are varying opinions about the proper extent of governmental regulation.[29][30]
Healthcare Policy
Healthcare information
Healthcare policy in Montana involves the creation and implementation of laws, rules, and regulations for managing the state's healthcare system. The healthcare system consists of services provided by medical professionals to diagnose, treat, and prevent mental and physical illness and injury. The system also encompasses a wide range of related sectors, such as insurance, pharmaceuticals and health information technology.
According to the National Conference of State Legislatures, the 50 state legislatures collectively "make thousands of health policy decisions each year," not including the decisions made by local governments, which often oversee hospitals, and private bodies, such as insurers. These decisions can include budget appropriations, requirements for doctors obtaining their licenses, which services are covered by insurance, how personal health information is managed, and which immunizations children must receive, among many others.[31]
Healthcare policy affects not only the cost citizens must pay for care, but also their access to care and the quality of care received, which can influence their overall health. A top concern for policymakers is the rising cost of healthcare, which has placed an increasing strain on the disposable income of consumers as well as on state budgets.
Other issues in healthcare policy include
- state Medicaid expansion,
- health information technology and privacy,
- uninsured and underinsured portions of the population,
- a shortage of primary care physicians, and
- mental healthcare access and coverage.
Medicaid spending
Montana's Medicaid program provides medical insurance to groups of low-income people and individuals with disabilities. Medicaid is a nationwide program jointly funded by the federal government and the states. Medicaid eligibility, benefits, and administration are managed by the states within federal guidelines. A program related to Medicaid is the Children's Health Insurance Program (CHIP), which covers low-income children above the poverty line and is sometimes operated in conjunction with a state's Medicaid program. Medicaid is a separate program from Medicare, which provides health coverage for the elderly.
Effect of the Affordable Care Act
The impact of the Affordable Care Act of 2010 (ACA), also known as Obamacare, has been debated among politicians, policymakers, and other stakeholders. The ACA was signed into law in 2010 by President Barack Obama (D). The law facilitated the purchase of health insurance through a system of health insurance exchanges, tax credits, and subsidies. Initially, states were required to expand eligibility for Medicaid under the law; a 2012 ruling by the United States Supreme Court made the Medicaid expansion voluntary for states. The law also required insurers to cover healthcare services within a standard set of benefits and prohibited coverage denials based on preexisting conditions. Under the law, all individuals were required to obtain health insurance.
Immigration Policy
Immigration information
Immigration policy determines who may become a new citizen of the United States or enter the country as a temporary worker, student, refugee, or permanent resident. The federal government is responsible for setting and enforcing most immigration policy.
Meanwhile, states assume a largely supportive role, enacting their own supplementary laws and setting policies that may, for example, determine which public services immigrants can access, establish employee screening requirements, or guide the interaction between related state agencies and their federal counterparts.
Some jurisdictions, including some states, cities, and counties, have adopted policies of not cooperating with federal immigration enforcement; these jurisdictions have become known as sanctuary jurisdictions.
Pension Policy
Public pensions
Montana public pensions are the state mechanism by which state and many local government employees in Montana receive retirement benefits.
There were 99 public pension systems in Montana as of 2020. Of these, nine were state-level programs while the remaining 90 were administered at the local level. Membership in Montana's various pension systems totaled 146,705, as of fiscal year 2020. Of these, 56,413 were active members.[33]
Public policy in other states
Footnotes
- ↑ National Association of State Budget Officers, "State Expenditure Report (Fiscal 2014-2016)," accessed June 26, 2017
- ↑ The Constitution of the State of Montana, "Article VIII," accessed October 17, 2014
- ↑ Tax Policy Center, "State Tax Collection Shares by Type 2000-2013," June 20, 2014
- ↑ Brunori, D. (2011). State Tax Policy: A Political Perspective. Washington, D.C.: The Urban Institute Press
- ↑ Oyez, "Regents of the University of California v. Bakke," accessed February 11, 2015
- ↑ Miller Center of Public Affairs, "Affirmative Action: Race or Class?" accessed February 10, 2015
- ↑ Business and Legal Resources, "Affirmative Action," accessed March 31, 2015
- ↑ National Conference of State Legislatures, "Campaign Finance Enforcement," accessed May 28, 2025
- ↑ Fishman, S. & Barrett, R. (2012). Nonprofit Fundraising Registration: The 50 State Guide. NOLO.
- ↑ Guidestar, Fundraising: What Laws Apply?" accessed February 18, 2015
- ↑ London School of Economics, "Campaign finance laws that make small donations public may lead to fewer people contributing and to smaller donations," January 7, 2015
- ↑ United States Census Bureau, "U.S. School System Current Spending Per Pupil by Region: Fiscal Year 2020," May 18, 2022
- ↑ National Center for Education Statistics, "Fast Facts: High school graduation rates," accessed September 28, 2022
- ↑ National Center for Education Statistics, "College Navigator - Montana," accessed July 12, 2016
- ↑ National Conference of State Legislatures, "School Choice and Charters," accessed June 18, 2014
- ↑ Friedman Foundation for School Choice, "What is School Choice?" accessed June 18, 2014
- ↑ National Alliance for Public Charter Schools, "Charter School Data Dashboard," accessed June 10, 2016
- ↑ National Association of Charter School Authorizers, "State Policy," accessed June 10, 2016
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ Cite error: Invalid
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<ref>tag; no text was provided for refs namedwells - ↑ Board of Governors of the Federal Reserve System, "Government Performance and Results Act Annual Performance Report 2011," July 10, 2012
- ↑ The National Bureau of Economic Research, "A Brief History of Regulations Regarding Financial Markets in the United States: 1789 to 2009," September 2011
- ↑ Federal Deposit Insurance Corporation, "The U.S. Federal Financial Regulatory System: Restructuring Federal Bank Regulation," January 19, 2006
- ↑ Brookings, "The Origins of the Financial Crisis," November 24, 2008
- ↑ The Cato Institute, "Did Deregulation Cause the Financial Crisis?" July 2009
- ↑ National Conference of State Legislatures, "Health," accessed July 8, 2015
- ↑ American Immigration Council, "New Americans in Montana," accessed October 27, 2016
- ↑ United States Census Bureau, 2020 Annual Survey of Public Pensions: State & Local Tables accessed February 23, 2022
