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Supreme Court clears way for override poll of vetoed marijuana funds bill • Daily Montanan

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Supreme Court clears way for override poll of vetoed marijuana funds bill • Daily Montanan


The Montana Supreme Court on Friday afternoon denied the State of Montana’s request to pause a lower court decision ordering the governor and secretary of state to send out an override poll for a marijuana fund redistribution bill Gov. Greg Gianforte vetoed at the end of the 2023 legislative session.

Gianforte and Secretary of State Christi Jacobsen officially filed their notice of appeal on Wednesday of Lewis and Clark County District Court Judge Mike Menahan’s district court rulings, which said the two officials have “interrupted the political process in an impermissible way” by blocking a chance for lawmakers to override the Senate Bill 442 veto.

On Thursday, the two defendants asked the Supreme Court to pause Menahan’s order pending the full appeal, arguing that if the override poll was sent out and lawmakers override the veto, their legal claims will be rendered moot.

But the justices disagreed, saying attorneys for Gianforte and Jacobsen have not proven that is the case, and saying the court is certainly able to address the appeal of Menahan’s ruling on veto procedure while a poll is conducted.

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At issue is whether to change how revenue from recreational marijuana taxes is distributed. A supermajority of lawmakers, including both Democrats and Republicans, supported the idea of allocating more of the revenue toward outdoor and wildland habitat acquisition and distributing it to counties for road improvement, ideas which Gianforte rejected.

“Because the fate of SB 442 could ultimately go either way, a stay denial does not moot Appellants’ appeal. Appellants have not demonstrated irreparable harm,” six justices wrote in Friday’s unanimous opinion. The only justice who did not sign the opinion was Dirk Sandefur.

The justices did allow the appeal to proceed, but the high court’s order means that the governor will have to send his veto message to Jacobsen, who will have to send out an override poll to lawmakers by March 19, next Tuesday, per Menahan’s order.

“We are thankful to the Montana Supreme Court for upholding the constitution and requiring the governor and secretary of state to issue the override poll with haste,” said Noah Marion, the political and state policy director for Wild Montana, one of three plaintiff groups in the case that helped craft the bill last year. “We look forward to helping Sen. (Mike) Lang and the Legislature finally make SB 442 law; sending millions of dollars across Montana benefitting infrastructure, veterans, mental health, agriculture and timber industries, wildlife, public access, hunter and anglers.”

Once the override poll is sent out next week, it will have been more than 10 months since Gianforte vetoed the bill, sponsored by Sen. Mike Lang, R-Malta, which passed with 130 votes out of 150 possible, in what would be the final hours of the legislative session.

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Senators did not learn the bill had been vetoed until they adjourned sine die last May 2, causing a storm of confusion among lawmakers and lobbyists who worked for months to get the bill into its final form and brought in a wide range of supporters on the industry side and among lawmakers because it both put more money toward a Habitat Legacy conservation program and funded county road maintenance.

Competing bills supported by the governor and some Republicans sought to put more money toward the Department of Justice and the General Fund but were pushed aside by lawmakers in favor of the final version of SB 442.

The question at the heart of Gianforte’s veto was whether he properly vetoed the bill while the full Legislature was still in session or not, as his office had said he vetoed the bill before the Senate adjourned, but the veto message was never read across the Senate rostrum where the bill originated. The governor and a legal opinion from the code commissioner each maintained that since the House was still in session, the full body was in session.

But the plaintiffs – Wild Montana, the Montana Association of Counties, and the Montana Wildlife Federation – sued to challenge their stance, saying lawmakers must have an opportunity to override a veto, and had not gotten one.

After hearing arguments in the case in December, Menahan in January ordered Gianforte to transmit the veto to the Secretary of State and for her to send the override poll out to lawmakers. Two-thirds of the Legislature will have to vote to override the veto for it to be successful.

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The governor balked at the order, asking Menahan to pause his own order in February. But Menahan also denied the stay request, saying time was running out before the 2025 session starts and the lawmakers must have the chance to vote on an override or the “crucial balance of powers” will be upset between the branches of government.

“Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” Menahan wrote in the order earlier this month. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.”

The Governor’s Office had told the Daily Montanan in February it planned to appeal Menahan’s Janaury decision to the Supreme Court, but it did not file that notice until this week, along with the request for the stay.

The Supreme Court’s four-page opinion returned one day after the request for the stay says the court can get to the bottom of the constitutional veto issues without one.

“Although the Legislature must vote on whether to override SB 442, the outcome of the underlying appeal will determine whether the District Court’s ruling was correct, and therefore whether the governor’s veto ultimately stands over the Legislature’s vote,” the justices wrote. “This Court can address the underlying issue in due course regardless of whether we issue a stay.”

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The court’s ruling clears the way for the groups and Lang to try to keep hold of the strong bipartisan support they received for the bill at the end of last year’s session. The governor’s request for a stay postulated that perhaps support has waned in the months since the session. But the plaintiffs in the case say they are pleased that they will have the opportunity to prove that theory wrong.

“Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process,” said MACo Executive Director Eric Bryson. “We appreciate and commend the Supreme Court for promptly addressing the matter.”

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Montana Lottery Mega Millions, Big Sky Bonus results for May 5, 2026

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The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at May 5, 2026, results for each game:

Winning Mega Millions numbers from May 5 drawing

12-22-50-51-55, Mega Ball: 10

Check Mega Millions payouts and previous drawings here.

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Winning Big Sky Bonus numbers from May 5 drawing

03-06-12-18, Bonus: 11

Check Big Sky Bonus payouts and previous drawings here.

Winning Millionaire for Life numbers from May 5 drawing

14-20-23-30-55, Bonus: 02

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

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When are the Montana Lottery drawings held?

  • Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • Big Sky Bonus: 7:30 p.m. MT daily.
  • Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Montana Cash: 8 p.m. MT on Wednesday and Saturday.
  • Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.



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Montana State Prison Expansion Advances as State Officials Tour New Housing Unit – Correctional News

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Montana State Prison Expansion Advances as State Officials Tour New Housing Unit – Correctional News


Prefabricated cells were placed in the new housing units in April as part of an ongoing expansion project at the Montana State Prison. | Photo Credit: Montana Department of Corrections
  • Officials say a major expansion at Montana State Prison near Deer Lodge is moving forward, with one of three new housing buildings nearing completion.
  • The project is expected to add about 1,000 beds as Montana continues to address overcrowding and the use of out-of-state placements.
  • Montana Department of Corrections Director Eric Strauss said the additional capacity will allow Montana to return incarcerated people currently held out of state.
  • The expansion is scheduled for completion in January 2029 and is part of nearly $700 million budgeted for prison system improvements.

DEER LODGE, Mont. — Construction on a major expansion at Montana State Prison is progressing, with one of three new housing buildings taking shape at the facility outside Deer Lodge.

State leaders toured the site in mid-April, describing the project as a key step toward easing overcrowding and reducing Montana’s reliance on out-of-state placements for incarcerated people.

Officials said the expansion will add about 1,000 beds. Montana Department of Corrections Director Eric Strauss told reporters that roughly 600 Montana inmates are currently housed out of state and more than 50 are being held in county detention facilities as the state manages crowding pressures. Once the project is finished, incarcerated people held elsewhere will be returned to Montana, according to Strauss.

Strauss said there is “no question” that bringing people back to Montana will help those in custody and their families, according to an article from the Daily Montanan.

The prison expansion, being led by contractor Sletten Construction, broke ground in April of 2025 and is slated for completion in January 2029. It is part of nearly $700 million budgeted to improve Montana’s prison system, with funding coming from the state general fund through appropriations approved by the 2023 and 2025 Montana Legislatures.

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During the recent visit from officials, crews were active on site and masonry was complete on one of the main facilities. Corrections officials said some incarcerated people at Montana State Prison have contributed to construction work.

Inside the first building, walls and a roof were in place, along with ductwork. The first new prefabricated cells — assembled offsite and trucked in — were placed in the new housing units on April 8, according to an update from MDOC, with each cell including two beds, a sink and a toilet.

Scott Eychner, who oversees rehabilitative services for the Department of Corrections, said the added classroom, office and activity space is expected to support programming. He also said the layout could help staff move incarcerated people more efficiently when staffing levels are strained.

The project also includes developing plans for water system enhancements outside the fence to support and complement the ongoing facility expansion. Strauss addressed water-system concerns after a pipe break last year, noting the department “learned a lot” from the October 2025 incident. Officials said crews have replaced lines to water tanks, installed flow meters and mapped plans for broader system replacement.

This article is based on reporting originally published by the Daily Montanan on April 15, 2026.

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Jacobsen touts record in race for western U.S. House seat

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Jacobsen touts record in race for western U.S. House seat


Ahead of the primary election on June 2, NBC Montana is interviewing candidates to get an idea of their policy stances.

NBC Montana sat down with current Montana Secretary of State Christi Jacobsen, who’s running as a Republican for Montana’s western U.S. House seat. The seat is currently held by U.S. Rep. Ryan Zinke, who is not seeking reelection.

The full interview is embedded below on YouTube:

During the interview, Jacobsen repeatedly described herself as a “proven leader,” pointing to her time as Montana’s Secretary of State.

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“I have delivered on all of my campaign promises starting from 2020 to secure our elections and partner with our business community,” said Jacobsen.

Jacobsen says she supports reducing the size of government, referring to her work as a state official.

“I have a proven track record, not only the votes that I have on the land board that support natural resource development and public access. But my proven track record by supporting businesses in the state, eliminating fees, cutting red tape, getting government out of the way, downsizing government, being accountable for spending, transparency securing our elections. I have a proven track record as delivering as a leader not just talking about it, but actually delivering on that. And that’s why in the last two general elections I’ve won by the largest margin of any other candidate on the ballot, including President Trump,” said Jacobsen.

Jacobsen cited reductions in her office’s staff, reductions in state government leases and reduced business filing fees, as well as voter ID requirements in state elections.

NBC Montana also asked Jacobsen about how she would plan to reduce the cost of housing. She said her approach would focus on “downsizing government,” reducing regulation and accelerating the permitting process.

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“I think for Montanans, it’s important that we are eliminating taxes or reducing taxes, and as secretary of state I’ve done that, I’ve actually put the work into downsize government by reducing staff by half and reducing the number of state government leases from four to one. And with the savings, I’ve been able to provide better service for Montanans, our business community and our voters,” said Jacobsen.

When asked about the Trump Administration’s efforts to downsize the federal workforce through DOGE, she said the size of the federal deficit makes spending restraint a priority.

“I think that has to be priority to make sure that we have our spending under control and Montana’s have to live by a budget a secretary of state. I had to balance the budget I held the line with spending and that didn’t, that meant not even increasing the spending with inflation. It meant actually reducing the spending and I know if we’re able to do that at the secretary of state’s office that I will be able to do that in Congress and when you do that you can pass that savings on and in fact reduce taxes and make many of the tax cuts permanent,” said Jacobsen.

When asked about rural health care challenges, Jacobsen said she supports telehealth when appropriate, preventive care and reducing insurance-related red tape.

NBC Montana asked Jacobsen about her stance on the war in Iran.

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“I think the president has done a good job with it being Operation Epic Fury, and I think Montanans want to see an end to it fairly quickly, and we’re supporting the president in hopes that happens soon,” said Jacobsen.

She said she hopes soaring gas prices are short-term. When asked about rising costs associated with the Trump Administration’s tariffs Jacobsen did not directly say whether or not she supports them.

“In general, I support free enterprise, and I think the less amount of government that we have, the less government interference and more private sector growth that we have as an opportunity for business to thrive and do it through free enterprise. That’s my position,” said Jacobsen.

NBC Montana asked Jacobsen on her willingness to work with leaders from the other party, referencing the longest government shutdown in U.S. history that lasted 43 days in 2025.

“It’s an absolute failure of our congressmen, and I do not believe that we should have any workers going and doing their job and congressman being able to take a vacation or take a break and continue to get paid. I would absolutely support that congressmen are not allowed to go home take a break or continue with a paycheck if they are in fact standing in the way of delivering for the workers and the people of our country,” said Jacobsen.

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NBC Montana asked about President Donald Trump’s endorsement of Republican candidate Aaron Flint, who’s seeking the same seat.

“I have an amazing partnership with Trump, as you mentioned he endorsed me in 2024, and moving forward we’ve partnered with the Trump Administration to secure our elections and make sure that we have only citizens voting in the state and I think that’s an amazing partnership that I’m very proud of,” said Jacobsen.

Jacobsen avoided drawing a direct contrast with current U.S. Rep. Ryan Zinke when asked what she would do differently.

When asked what separates her from other Republicans in the race, she said, “I’m a doer. I’m not a talker.”

She cited her statewide election margins and her work on the state land board.

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