The Legislature’s authority to make laws is not subjected to the governor’s whims or invented loopholes. The Governor has repeatedly tried to avoid his responsibility. Today’s order demands that he follow the same constitutional rules everyone else .”
By Blair Miller & Keila Szpaller Daily Montanan
The Montana Legislature needs an opportunity–“without further delay”–to override Gov. A judge has ruled that Greg Gianforte (R)’s veto on a bill for 2023 which redistributed marijuana fund was valid. This is in response to Governor Gianforte’s request to stop an earlier court order.
Lewis and Clark District court Judge Mike Menahan also stated Gianforte and Secretary of State have “interrupted political process in an unacceptable way” by blocking any opportunity for lawmakers to override vetoes of Senate Bill 442, issued by the governor just as the Senate was adjourning on the final legislative day of 2023, but without the body being aware.
Menahan in January instructed Gianforte that he should transmit his veto of the bill so that lawmakers could be polled to see if they wanted to override it. The bill redistributed funds from marijuana to county roads, and a Habitat Legacy Fund. Proponents called this a bipartisan triumph. The bill was sponsored by Senator Mike Lang (R, Malta) and 130 out of 150 legislators supported it in the 2023 session.
Menahan said that time was running out before the 2025 session, and the legislature needed to have a chance to override the veto. Otherwise, the “crucial power balance” between the executive and legislative branches of government would be upset. The lawmaking process would also become “incomplete.”
The order stated that “Staying with the court’s decision would allow Gianforte continue to exercise a level of unconstitutional control over the legislative process.” “Whatever Gianforte may have intended in regards to SB442, he advocates a troubling precedent.”
The legislature should not be able to override a veto by default.
The case was brought to court because the legislature did not have the chance to override a veto of a bill, despite it being backed by legislators from both parties and the Montana Wildlife Federation, Wild Montana, and the Montana Association of Counties. The governor claimed that he had vetoed the bill just before the Senate adjourned , but before the House. He also maintained that the entire legislature was in session at the time he issued the veto and that he did not want it to go to a vote override.
When both chambers are in session at the time the governor vetoes the bill, it can be overridden by the lawmakers with the support of two-thirds of both chambers. If the governor vetoes the bill while the legislature has not met, the secretary sends an override ballot to the lawmakers.
Plaintiffs Wild Montana, the Montana Wildlife Federation–represented by Upper Seven Law–and Montana Association of Counties, represented by Helena attorney Michael G. Black, sued the governor and secretary of state to force a chance at an override. The plaintiffs challenged the Governor’s contention , that the full Legislature was still “in Session” at the time the veto occurred. They argued it was not an “in Session” veto as the message was never read on the Senate rostrum.
The judge stated that the public’s interest is best served by quick action. This is especially true as candidates for legislative office and advocacy groups, such as plaintiffs, prepare to take part in the 2025 session.
The order stated that “as time goes by, uncertainty about the status of a previous session’s bill becomes more problematic.” “The longer the issue of SB 442’s status remains unknown, the longer Petitioners/Plaintiff are unable to know how to direct their advocacy and resources.
“If this Court stayed its judgment, Petitioners/Plaintiffs would continue to face harm to their ability to meaningfully participate in the political process.”
The plaintiffs called this decision “scathing”, as it forces lawmakers to conduct the polls that the plaintiffs and they have requested since May last year.
“Once more, the District Court rejected Gianforte’s attempt to remove a legislature’s constitutional authority overriding a governor’s veto. In the past year, millions of taxpayer dollars could have gone to benefit Montana’s veterans, agriculture, wildlife and outdoor enthusiasts,” said Noah Marion, Wild Montana’s political and state policy director. Instead, the governor wasted countless tax dollars by obstructing lawmakers. We are looking forward to working with Sen. Lang and members of the legislature to get SB 442 passed.
Eric Bryson is the executive director of Montana Association of Counties. He said he expects the secretary of state to begin the process of overriding the results of the election as soon as possible. Frank Szollosi is the executive director of the Montana Wildlife Federation. He said that the secretary of state and governor should “let our representatives vote.”
Sean Southard, spokesperson for the Governor’s Office, stated that the office is reviewing the decision and will determine its next step.
Richie Melby is a spokesperson of Secretary of state Christi Jacobsen. She said in a press release: “The Secretary’s position remains unwavering that her office will continue to adhere to the law regarding veto procedure.”
On Jan. 16, the court issued a summary judgment to favor plaintiffs and on Feb. 2, a “writ mandamus” was issued, which forced action. Gianforte filed a motion on February 26 to stop the order while the Montana Supreme Court considers the appeal. However, the governor had not yet filed a notice with the court. His office informed the Daily Montanan that it would appeal the court order before asking for a stay.
Governor argued that the legislature may have agreed with his veto. The state’s lawyers also said that the case involved “novel constitutional law” which should be decided by the Montana Supreme Court.
The judge ruled in favor of the defendants and, in an order issued this week, said that, since the court had just found against the Governor on the merits he is unlikely to succeed in his request to stop the order.
The order stated that “However, the Court may consider whether Gianforte successfully raised strong legal arguments in the merits,” The Court found that he had not.
Upper Seven Law, said Gov. Gianforte, Secretary Jacobsen and the Legislature have 14 days in which to comply. The secretary is now required to poll the Legislature.
In a press release, Rylee Summers-Flanagan said, “Today, the Court assured us that Montana is not a monarchy.” “The Legislature’s authority to make laws is not subjected to the governor’s whims or invented loopholes. The order today requires the Governor to play by the same rules as everyone else, despite his repeated attempts at avoiding responsibility.
The story was originally published by Daily Montanan.
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