Missoula City Council Ignores State Law Requiring Ward 1 Vacancy Be Filled Within 30 Days

MISSOULA — The Missoula City Council is violating Montana state law by failing to fill the Ward 1 vacancy within the required 30-day timeline, leaving residents without representation as the legal deadline approaches.

Jennifer Savage officially vacated her Ward 1 council seat on September 4, making October 4 the statutory deadline for the council to appoint a replacement under Montana Code 7-4-4112. With just eight days remaining, the council has made no moves to comply with the law and has instead decided to wait until after the November election.

“The council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified,” the statute clearly states.

The violation stems from the unusual circumstances surrounding Savage’s transition from Ward 1 representative to Ward 3 candidate. After serving Ward 1 since 2021, Savage filed candidacy documents for Ward 3 on April 17, 2025, listing a University District address as her residence despite not physically moving there until September 4 – the same day she vacated her Ward 1 seat.

Timeline Raises Questions

The nearly five-month gap between Savage’s candidacy filing and her physical move to Ward 3 initially raised questions about potential violations of election law and residency requirements.

Savage defended her actions, stating she consulted with multiple officials before filing, including “the current city attorney, the past city attorney, the elections administrator for Missoula County and the deputy county attorney.”

“They all agreed that anyone can file to run in any ward as long as they meet the state statute of living in the ward in which they are seeking election at least 60 days before the election,” Savage said in an email response.

She claimed elections office staff “directed” her to list the Ward 3 address on her candidacy documents even though she wasn’t living there at the time. “I listed the address of the house I’d purchased in February in Ward 3 on my candidate filing as I was directed to do the morning I filed by elections office staff,” she said.

However, Missoula County Elections Administrator Bradley Seaman contradicted this account, stating his office does not provide such guidance.

“Our office regularly informs candidates of the requirements of candidacy and election forms are self affirming. We do not provide legal advice or directives to candidates,” Seaman said in an email response.

COPP Clears Filing Questions

When contacted about the residency filing issue, Montana Commissioner of Political Practices Chris Gallus said such matters would be evaluated based on “intent” and “good faith” on the part of the candidate.

Gallus indicated that given Savage’s actions – including purchasing the Ward 3 home, planning renovations, and vacating her Ward 1 seat 61 days before the election – the COPP would likely not find a violation of election law regarding her candidacy filing.

Montana Code 7-4-4401 requires city council candidates to be residents of their ward “for at least 60 days preceding the election to office.” Savage met this requirement by moving to Ward 3 on September 4, exactly 61 days before the November 4 general election.

Council Defies Clear Legal Requirement

While the candidacy filing questions have been resolved, the City Council’s decision to ignore the 30-day appointment requirement represents a clear violation of state law.

The Missoula Current previously reported that the City Council’s Committee of the Whole approved waiting until November rather than filling the vacancy, with City Attorney Ryan Sudbury saying “the decision to wait until the election to fill the vacancy would hold up in court.”

Sudbury did not respond to multiple requests for comment asking him to explain the legal basis for ignoring the statutory requirement.

Councilman Daniel Carlino expressed concern about the council’s failure to follow state law. “We are going on 21 days and the council has not filled the vacancy with no sign of the vacancy being filled,” he said.

Carlino also noted during the September 22 council meeting that the council violated its own internal rules. He cited Missoula City Council Rule 31-A-VI, which states: “Whenever the City Council has sufficient advance notice of a future vacancy in an elected City office, the City Council shall attempt to fill the future vacancy in advance of the actual vacancy in order to ensure that the elected City office incurs no time period of actual vacancy. A vacating Council member may vote for their replacement.”

The council had months of advance notice about Savage’s planned departure, yet failed to follow their own procedure for preventing a vacancy gap.

However, Councilor Michael Nugent defended the council’s actions and pushed back against criticism during the meeting.

“I think it’s important to note that there is a whole lot commenting that is politicking,” Nugent said. “I understand what people are saying that based on all sorts of things, sure we knew [about the vacancy] and I would point out that even the council members who are criticizing right now could have followed the same rule. They could have brought it up then, they chose not to because we were not officially made aware of any vacancy.”

Nugent dismissed concerns about the council’s failure to follow established procedures, saying, “It seems like the council is trying to do the right thing and a whole lot of people who don’t actually understand how things work are jumping all over it.”

Montana Code 7-4-4112 provides no exceptions or discretionary language – it mandates that councils “shall” appoint someone within 30 days of a vacancy occurring.

Residents Left Without Voice

Ward 1 resident Karen Giuliani expressed her frustration with the council’s decision during public comment at the September 22nd meeting.

“I really think what would have solved this is for you to just follow the rule. I am disappointed as I think this decision that you are making here is important,” Giuliani said. “Especially in light of things that are happening in our country right now. The reason we have councilors is that so we are represented to the fullest extent and that’s why there’s rules and state law that addresses what happens when there is a vacancy.”

Giuliani criticized the council for failing to prepare for the vacancy and leaving Ward 1 residents without representation.

“Now we’re left in Ward 1 without representation for a while. Now my ward right now will be unrepresented until November,” she said. “I am just disappointed in the process here.”

The unfilled vacancy means Ward 1 residents – who live primarily on Missoula’s Northside – have no representation on the city council during a critical period when budget decisions and other municipal matters are being decided.

The council’s decision to wait until after the November election effectively disenfranchises these residents for months, despite clear state law requiring prompt appointment of a replacement.

With the October 4 deadline fast approaching, it remains unclear whether the Missoula City Council will comply with Montana law or continue to ignore the statutory requirement to fill the Ward 1 vacancy within 30 days.