Valley Views
Judge denies Gianforte’s effort to evade SB 442 vote
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
HELENA — On Tuesday, March 5, Governor Gianforte was denied his latest attempt to circumvent the Montana Legislature’s authority when the Lewis and Clark District Court upheld a January court order, requiring his veto of Senate Bill 442 to go before the Legislature for a possible veto override vote.
Last month, Governor Gianforte sought to suspend the January 16th ruling by the District Court in favor of the Montana Association of Counties, Wild Montana, and the Montana Wildlife Federation. The organizations had filed suit against the Governor and Secretary of State for failing to allow the legislature to exercise its constitutional authority to vote on whether to override the Governor’s veto of bipartisan Senate Bill 442 at the end of the 2023 legislative session.
In their request to stay the District Court ruling, the state argued that an appeal to the Montana Supreme Court would be rendered moot if the Secretary of State must poll the legislature before the outcome of that appeal was decided. However, such an appeal has yet to be filed.
In a scathing response, the Lewis and Clark County District Court ruled that the Gianforte administration is impermissibly interrupting the lawmaking process and ordered both the Governor and Secretary of State to issue the override poll within 14 days, regardless of whether they appeal to the Supreme Court.
“The public interest lies in removing any uncertainties which may lead to gamesmanship in the lawmaking process,” read yesterday’s court order. “Respondents’ actions have interrupted the political process in an impermissible way by preventing the legislature from having the final say in the process by which a bill becomes law. Staying the Court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process.”
SB 442 is an incredibly popular bipartisan bill from the 2023 legislative session that would direct the state’s marijuana tax revenue to help counties across Montana fund the construction and repair of rural roads, increase funding for wildlife habitat projects, and increase assistance for Montana veterans. The bill passed with support from 130 of 150 lawmakers but was not supported by the Governor’s office.
The plaintiff and petitioners issued the following statements regarding yesterday’s court ruling:
Noah Marion, Wild Montana political and state policy director:
“Once again, the District Court has rejected Gianforte’s attempt to remove the legislature’s constitutional authority to override a governor’s veto. Over the last year, millions of dollars could have been spent benefiting Montana’s infrastructure, veterans, agriculture industry, wildlife, and outdoor enthusiasts. Instead, the Governor has wasted countless taxpayer dollars obstructing the legislature. We look forward to helping Sen. Lang and the legislature finally get SB 442 over the finish line.”
Eric Bryson, Montana Association of Counties executive director:
“We applaud the District Court in its denial of Gianforte’s frivolous motion. Once again, the Court instructed the governor to stop playing games and allow the legislature the opportunity to perform its constitutional duty. We expect the Secretary of State to initiate the polling as soon as possible.”
Frank Szollosi, Montana Wildlife Federation executive director
“Our Constitution’s system of checks and balances is well worth defending. Senate Bill 442 expresses the will of Montana voters and legislators who made it clear that they value investing in conservation, veterans, local governments, and public safety. Let our elected representatives vote already.
