MACo, conservation organizations resist attempt to avoid legislative override
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News from Upper Seven Law
HELENA — On Feb. 20, 2024, the Montana Association of Counties (“MACo”), Wild Montana, and the Montana Wildlife Federation responded to Governor Gianforte’s motion to stay a district court ruling ordering him to comply with his constitutional obligation to return his veto of Senate Bill 442 (“SB 442”) to the Secretary of State. The bill, passed by an overwhelming bipartisan majority of 130 legislators, is a popular measure that directs recreational marijuana tax revenues to conservation efforts, local infrastructure projects, and veterans’ services.
Last month, a Lewis and Clark County district court judge ordered both Governor Gianforte and Secretary of State Jacobsen to comply with their ministerial duties under the Montana Constitution to facilitate the Legislature’s override power. Neither official has done so. On February 6th, the Governor asked the district court to stay its order without even having sought to appeal the decision. MACo and the Conservation Organization oppose the stay because it is a delay tactic.
“The Governor is using a made-up loophole to avoid doing his job,” said Rylee Sommers-Flanagan, Executive Director of Upper Seven Law and attorney for the Conservation Organizations. “In fact, the Governor has nothing at stake here except his desire to stop the legislature from exercising its constitutional authority to pass the public lands, infrastructure, and veterans bill that 130 out of 150 legislators voted for during the session.”
The Secretary may resolve the case at any time by polling the Legislature on the Governor’s veto of SB 442, in compliance with the Montana Constitution and the district court’s order.
About the Petitioners
Wild Montana is a grassroots conservation organization that unites and mobilizes communities to keep Montana wild. The organization strives to make a positive impact on decisions determining the management of public lands and waters across the state that sustain the well- being of Montana’s people, communities, and wildlife. When the Legislature is in session, Wild Montana lobbies for pro-conservation policies that help communities benefit from public lands.
Montana Wildlife Federation (“MWF”) was founded in 1936 when hunters, anglers, and other conservationists joined landowners to address the loss of Montana’s natural lands, healthy waters, and abundant wildlife. MWF thus champions scientific wildlife management and organizes Montanans to conserve Montana’s great natural resources.
About the Plaintiff
The Montana Association of Counties (“MACo”) is a non-profit corporation, whose members include all fifty-six Montana counties and elected officials of numerous Montana counties are involved in governance of MACo. The objectives of MACo include doing all things necessary and proper for the benefit of Montana counties and initiating litigation in the name of MACo to determine rights of counties and county officials under any constitutional provision or statute.
