By Darrell Ehrlick Daily Montanan
A Lewis and Clark County District Court judge stated that the Montana Governor has the right to veto any legislation and the Montana Legislature can override the veto.
Even though the timing of a veto, or the adjournment of the Legislature could create a small gap, Judge Mike Menahan stated that the Constitution’s framers made it clear that both branches must be able exercise their power equally.
Menahan ruled on Tuesday that Montana Gov. Greg Gianforte must send his veto to Montana Secretary Christi Jacobsen. She must then poll legislators to determine if they want to override Gianforte’s veto.
The final version would allocate 20 percent of money to county road maintenance and construction, and another 20 percent for a Habitat Legacy Fund. These are two key components in the bill that the plaintiffs cite.
On the final passage of the bill, 131 out of 150 legislators supported it. However, some of the top Republican Senators noted that the Governor was not happy with the bill and likely would veto. Gianforte’s administration supported several bills to give more money to the general fund and law enforcement.
To override a presidential veto, it would require two-thirds or 100 votes of the Legislature.
When the decision was announced late Tuesday afternoon, no one from the Governor’s Office could immediately comment.
Richie Melby, a spokesman for the secretary of state, said: “We will review this decision and determine next steps. Our commitment is to serve Montana faithfully and execute the law.”
Wild Montana, Montana Wildlife Federation, and the Montana Association of Counties joined forces in order to file lawsuits that focused on the precise timing of Gianforte’s veto.
Overriding a veto is different depending on whether or not the Legislature is currently in session. Gianforte vetoed SB 442 around the time that the Senate adjourned. The Montana House, however, continued to meet, raising the question as to whether the Legislature really was in session.
Gianforte stated that the Senate had adjourned when he sent the veto. Jacobsen claimed that the Legislature was still in session at the time the veto had been signed, and she did not have the authority for a mail-in poll.
Attorneys representing the groups that challenged the veto noted that executives could time the governor’s veto to coincide with the adjournment of either chamber, leaving lawmakers little opportunity to exercise constitutional checks and balanced.
Menahan explained in his ruling that “the plain language of these provisions appears to leave an opportunity for the legislature to conduct a voting to override the governor’s decision if they do not receive timely notification of the veto before adjournment.” This creates a situation where the legislature is deprived a constitutionally granted authority because of a procedural error.
“… “Although the Montana Constitution is subject to different procedures and has a veto power, it was clearly intended by the framers that the veto would exist regardless of when the veto occurs.”
Menahan said that the constitution only left ambiguous the question of which procedure to use.
Menahan stated that the decisive factor is when the legislator receives the message of veto, not when the governor signs it. This interpretation clarifies constitutionally established procedures, while ensuring that each coequal branch retains its ability to exercise their proper authority.
Menahan issued an order, or writ mandamus. This ordered Gianforte send the veto back to Jacobsen. Jacobsen will then poll lawmakers. This poll could happen, or the decision can be appealed at the Montana Supreme Court. In that case, the order will likely be delayed pending the final decision.
The news was welcomed by lawmakers and outdoor enthusiasts.
“I am glad that SB 442 is now in its correct legal status. The bipartisan measure is a bill that promotes Montana values and helps Montanans in all parts of our state. I urge the Secretary of State, Mike Lang (R – Malta), to release the veto poll as soon as possible. This is the same measure that 130 legislators supported in the last session. I look forward to working with colleagues to secure historic investment in rural infrastructure, agriculture communities, veteran’s service and our drug addiction epidemic.
Ross Butcher said, Fergus County commissioner and Montana Association of Counties president, that if legislators override Gianforte’s veto it would help with infrastructure improvements.
Butcher stated that “Many of Fergus County’s 1,700+ miles of roads are in disrepair due to the traffic impact from out-of area recreationists, who outpace the locals’ ability to maintain them within our regular maintenance plans.” This is a problem for citizens, ag producers and recreationists. It’s the exact same story across the state. Most counties have limited budget flexibility, and SB 442 will make a big difference.
The possibility that Senate Bill 442 becomes law is a major investment for wildlife and conservationists in the outdoors of the state.
SB 442 will transform Montanans’ lives by improving wildlife, landscapes and supporting rural communities and veterans. The Montana Wildlife Federation’s executive director, Frank Szollosi said that SB 442 is poised to become the biggest investment in wildlife habitats in Montana in more than 40 years.
This report was written by Blair Miller, a reporter at
The story was originally published by Daily Montanan.
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