XI.2 Counties
"The counties of the state are those that exist on the date of ratification of this constitution. No county boundary may be changed or county seat transferred until approved by a majority of those voting on the question in each county affected."
History
Sources
1889 Montana Constitution
Article XVI—Municipal Corporations and Officers
Section 1. The several counties of the territory of Montana, as they shall exist at the time of the admission of the State into the Union are hereby declared to be the counties of the State until otherwise established or changed by law.
Section 2. The Legislative Assembly shall have no power to remove the county seat of any county, but the same shall be provided for by general law; and no county seat shall be removed unless a majority of the qualified electors of the county, at a general election on a proposition to remove the county seat, shall vote therefor; but no such proposition shall be submitted oftener than once in four years.
Section 3. In all cases of the establishment of a new county it shall be held to pay its ratable proportion of all then existing liabilities of the county or counties from which it is formed, less the ratable proportion of the value of the county buildings and property of the county or counties from which it is formed; Provided, That nothing in this section shall prevent the re-adjustment of county lines between existing counties.
Drafting
Original Version
- Section 2. COUNTIES. The counties of the state of Montana as they exist at the adoption of this Constitution are the counties of the state. County boundaries shall not be changed or county seats transferred until approved by a majority of those voting on the question in each county affected.Montana Constitutional Convention Proceedings, 1971-1972 Vol. II, 1009.
Explanation For Changes From 1889 Constitution By Delegate Anderson:
"Section 2, admittedly controversial, provides that the present county boundaries and county seats will be retained unless changed by a majority of those voting on the question in each county affected... [T]he proposed Section 2 would require approval of a majority of those voting on the question. This difference can be quickly seen. Under the present provision, for example, if a county to be consolidated had 5,000 qualified electors but only 3,000 of them vote on the consolidation question, a majority of the 5,000, or 2,501, rather than a majority of the 3,000, or 1,501, apparently would have to favor consolidation to meet the constitutional restriction. Under the proposed language, on the other hand, a majority of those voting-or 1,501-would be required... [W]ho should be the final judge of whether a county is too large or too small, and of whether it should be consolidated with another? The Local Government Committee believes this choice must be left to the voters of the counties affected. Therefore, Section 2 allows changes in county boundaries only if approved by a majority of those voting on the question in each county affected... Now, I’d like to close with this one note. Almost every state has almost these same provisions about county seats and county boundaries. We looked in the North Dakota one; they took three sections and 120 words. We assigned the task of cutting this down to Jerry Holloron. He did this in 50 words and said it better. And I say that anything this proves that anything they can do in North Dakota, we can do it better here."7 Verbatim Transcript 2515-2516 (Mar. 16, 1972).
Edited Version
- Section 2. COUNTIES. The counties of the state of Montana as they are those that exist at on the adoption date of ratification of this Constitution are the counties of the state. No County county boundaries boundary shall may not be changed or county seats seat transferred until approved by a majority of those voting on the question in each county affected. Montana Constitutional Convention Proceedings, 1971-1972 Vol. II, 1012.
Comments on Style, Form, and Grammar: "Changes in the first sentence specify the date upon which the identity of the counties will be established. The noun "ratification" was substituted for "adoption" because the former is applied by the present Constitution to the process which will occur on June 6." Montana Constitutional Convention Proceedings, 1971-1972 Vol. II, 1015.
Final Version
- Section 2. COUNTIES. The counties of the state are those that exist on the date of ratification of this constitution. No county boundary may be changed or county seat transferred until approved by a majority of those voting on the question in each county affected. Montana Constitutional Convention Proceedings, 1971-1972 Vol. II, 1073.
On March 20, 1972, the Delegates specifically adopted Section 2 through a role call vote of 79 voting Aye, 2 delegates voting No.7 Verbatim Transcript 2833 (Mar. 20, 1972).
Article XI, Local Government (including all nine subsections) was unanimously adopted with no discussion on March 22, 1972.7 Verbatim Transcript 2928 (Mar. 22, 1972).
Ratification
1972 Voter Pamphlet Explanation
[The new version of Article XI Section 2] Revises [the] 1889 constitution by requiring only [the] majority of those voting to approve county seat or boundary changes. [Whereas] the 1889 constitution requires [the] majority of qualified electors.Available at http://www.umt.edu/law/library/files/1972voterspamphlet.