Our county commissioners have some control over the filing fees, if only indirectly. MCA 13-20-202 determines the filing fees for various offices. The filing fee for the legislature is set, only $15, but for other positions it’s a percentage of the salary.
The County Commissioners adjusted the salary of elected officials back in June. Here are the salaries, and the filing fees as determined by state law (for county offices with a salary of more than $2,500 the fee is 0.5% of the salary)
| Position | Salary | Filing Fee |
|---|---|---|
| Clerk and Recorder | $62,232.94 | $311.16 |
| Clerk of Court | $62,232.94 | $311.16 |
| County Attorney | $62,232.94 | $311.16 |
| County Comissioner | $64,232.94 | $321.16 |
| County Coroner | $18,669.88 | $93.35 |
| Deputy County Coroner | $5,600.96 | $28.00 |
| County Treasurer | $62,232.94 | $311.16 |
| Sheriff | $64,232.94 | $321.16 |
| Superintendent of Schools | $62,232.94 | $311.16 |
The US Census estimates the average household income for the county at $41,922. That amounts to about $3,493.50 a month. The filing fee for most of the county positions is a little less than 10% of the median household income.
The estimates for housing costs are somewhere between $719 and $1,267, which frankly seems like it might be on the low end. So, if we assume the higher number, that leaves $2,226.50 after that expense. Thinking about food and gas, that number gets even higher. The point being that as a percentage of what’s left after the essentials are payed- that filing fee is high.
And frankly, it’s hard to imagine paying 10% of a month’s wages just for the privilege of losing an election.
But wait- what about write-ins? Those don’t have to file, right? Formerly right, as it happens. One of the things our state legislature did this year was to abolish the section of law that allowed for undeclared write-in candidates to be elected in the primary. So, only declared write-ins, those that have paid the fee, count.
We aren’t just pay to play, we’re pay 10% of a month’s income to play. It’s little wonder that our ballots look so empty each November. As long as there is no way to run without paying that substantial fee, elections by acclamation will be inevitable.
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