Wild Montana calls on Governor to stop obstructing Legislature’s power to act on SB 442 veto
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News from Constance Van Kley, Upper Seven Law
HELENA — In a letter sent on Wednesday, May 10, Wild Montana, a nonprofit organization dedicated to conserving public lands and strengthening Montana communities, called on Governor Greg Gianforte to return Senate Bill 442 (“SB 442”) and his accompanying veto message to Secretary of State Christi Jacobsen and to clear a path for the Legislature to consider final action on the bill.
The Montana Legislature passed SB 442—an overwhelmingly bipartisan, politically popular measure that directs recreational marijuana tax revenues to conservation and recreation programs, local road projects, addiction treatment, and veterans’ services—on May 1, the penultimate day of the legislative session. It was transmitted to Governor Gianforte the following morning, the same day that the Legislature adjourned sine die. That very afternoon, the Governor vetoed the bill. Due to the timing of the veto, the Senate President did not receive the veto message and read it over the rostrum before adjournment, meaning there was no reasonable opportunity for the Senate to consider further action.
The Governor has yet to officially notify the Secretary of State of the veto, leaving the Legislature and stakeholders in limbo. Until the Governor notifies the Secretary of State, the Legislature will not have the opportunity to override the veto.
“Montanans are incredibly disappointed in Governor Gianforte’s veto of SB 442, a wildly popular bipartisan bill that made historic investments in wildlife habitat, water conservation, public access, and rural infrastructure,” said Noah Marion, state policy director for Wild Montana. “The Governor tried to take those investments away from all Montanans, and now he’s obstructing the process by refusing to let either the Secretary of State or the Legislature do their constitutional duties. The Governor should send SB 442 to the Secretary of State immediately so she can start the veto override polling process.”
The Montana Constitution provides that the Legislature has the power to override a veto by a two-thirds vote in all circumstances. When the Legislature is not in session at the time of a veto, the Constitution requires the Secretary to poll the members of the legislature by mail. SB 442 passed the legislature with well over a two-thirds majority.
“The Legislature cannot be simply out of luck and unable to respond to a veto as a result of creative timing,” said Constance Van Kley, litigation director of Upper Seven Law and one of the attorneys representing Wild Montana. “The Governor’s initial failure to provide an opportunity for meaningful review may have been innocent. But continued refusal to transmit the veto to the Secretary would show a deliberate attempt to usurp the Legislature’s role.”
About Wild Montana and Upper Seven Law: Wild Montana envisions a Montana where people and wildlife flourish because public lands and waters are wild and connected. Since 1958, Wild Montana has united and mobilized people across Montana, creating and growing a conservation movement around a shared love of wild public lands and waters. We work at the local level, building trust, fostering collaboration, and forging agreements for protecting the wild, enhancing public land access, and helping communities thrive.
Upper Seven Law is a Montana-based nonprofit law firm dedicated to holding the powerful accountable. Based on the belief that creativity and innovation in law are essential to advancing social justice and public interest objectives, Upper Seven takes smart risks and invests the time necessary to build foundations for long-term accountability work.
