Montana
Montana Judge Rules That Lawmakers Should Have Chance To Override Governor’s Marijuana Revenue Bill Veto
“The Legislature’s lawmaking authority is not subject to the governor’s whims, invented loopholes, or gamesmanship. Despite the Governor’s repeated attempts to avoid responsibility, today’s order requires that he play by the same constitutional rules as everybody else.”
By Blair Miller and Keila Szpaller, Daily Montanan
The Montana Legislature needs an opportunity—“without further delay”—to override Gov. Greg Gianforte’s (R) veto of a 2023 bill that redistributed marijuana funds, a judge said Tuesday in response to the governor’s request to stop the court’s earlier order.
Lewis and Clark District Court Judge Mike Menahan also said Gianforte and the secretary of state have “interrupted the political process in an impermissible way” by blocking any chance for lawmakers to override the veto of Senate Bill 442, which the governor issued just as the Senate adjourned on the final day of the 2023 legislative session, but without the body knowing.
Menahan in January ordered Gianforte to transmit his veto of the bill to the secretary of state so lawmakers could be polled on whether they want to override the bill, which redistributed marijuana funds to county roads and a new Habitat Legacy fund in what proponents said was a resounding bipartisan victory. In the 2023 session, 130 of 150 legislators voted in support of the bill, sponsored by Sen. Mike Lang (R-Malta).
The governor in February asked the judge to block his own order while he appeals to the Supreme Court, but Menahan this week said time is running short before the 2025 session and the legislature must have the chance to override a veto or the “crucial balance of power” between the legislative and executive branches of government will be upset and the lawmaking process “incomplete.”
“Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” the order said. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.”
“There should be no instance in which a governor’s veto may stand by default because the legislature did not have an opportunity to override it.”
The matter landed in court because the legislature never had the opportunity to override the veto of the bill—a popular piece of legislation supported by lawmakers from both parties, the Montana Association of Counties, Montana Wildlife Federation and Wild Montana—during the session. The governor said he vetoed the bill shortly before the Senate adjourned but before the House did, and contended that the full legislature was still in session when he handed down the veto, and that it should not go to a poll override.
If both chambers are still in session when the governor vetoes a bill and it is read over the rostrum of its original chamber, lawmakers can override a bill with two-thirds support of both chambers. If the veto happens while the legislature is out of session, the secretary of state sends a mail override poll to 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 in the case challenged the governor’s contention that the full legislature was still “in session” when the veto was made, arguing rather it was not a proper “in session” veto because the veto message was never read over the Senate rostrum.
This week, the judge said the public interest lies in quick action, especially as legislative candidates and advocacy groups such as the plaintiffs prepare for the 2025 session.
“As time passes, uncertainty around the status of a bill from the previous session becomes increasingly problematic,” the order said. “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 the decision a “scathing” one that forces the poll lawmakers and the plaintiffs have been asking for since last May.
“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 benefitting Montana’s infrastructure, veterans, agriculture industry, wildlife, and outdoor enthusiasts,” Wild Montana political and state policy director Noah Marion said in a statement. “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, the executive director of the Montana Association of Counties, said he expected the secretary of state’s office to initiate the poll override process as soon as possible. Frank Szollosi, the Montana Wildlife Federation executive director, said the governor and secretary of state should “let our elected representatives vote already.”
Sean Southard, a spokesperson for the governor’s office, said the office was reviewing the decision before determining its next steps.
Richie Melby, a spokesperson for Secretary of State Christi Jacobsen, said in a statement: “The Secretary of State’s unwavering position is that her office has followed and will continue to follow the law regarding veto procedures.”
The court granted summary judgment in favor of the plaintiffs on Jan. 16 and a “writ of mandamus,” to force action, on Feb. 2. On February 26, Gianforte moved to stop the order pending appeal, though the governor has yet to file a notice of appeal with the Montana Supreme Court. His office told the Daily Montanan it would appeal the order before it asked for the stay.
The governor argued in part that lawmakers had possibly come to agree with his veto. Lawyers for the state also argued the case involves “novel questions of constitutional law,” which they said should be resolved by the Montana Supreme Court, especially because they involve the separation of powers.
The judge ruled against the defendants, and in the order this week, he said that since the court just issued a finding against the governor on the merits, the governor isn’t likely to succeed on the merits—one of the factors considered in a request to stop an order.
“However, the Court can consider whether Gianforte has successfully raised strong legal arguments on the merits,” the order said. “The Court finds he has not.”
Upper Seven Law said Gov. Gianforte and Secretary Jacobsen have 14 days to comply with the order, and the secretary must now poll the Legislature and “can no longer stand between lawmakers and their constitutional authority to override any governor’s veto.”
“Today the Court assures us that Montana is no monarchy,” said Rylee Sommers-Flanagan, executive director of Upper Seven Law, a nonprofit law firm, in a statement. “The Legislature’s lawmaking authority is not subject to the governor’s whims, invented loopholes, or gamesmanship. Despite the Governor’s repeated attempts to avoid responsibility, today’s order requires that he play by the same constitutional rules as everybody else.”
This story was first published by Daily Montanan.
Virginia Marijuana Bills On Governor’s Desk Include Legal Sales, Sentencing Relief, Employment Protections And Parental Rights
Photo elements courtesy of rawpixel and Philip Steffan.
Brian Miller won the Democratic primary Tuesday for the U.S. House seat in Montana’s eastern district.
The Associated Press called the race for Miller, an attorney in Helena, who fended off a challenge from state Sen. Jonathan Windy Boy, a longtime legislator from Box Elder, and Sam Lux, a farrier from Great Falls.
In the Republican and rural eastern district, any Democrat will be an underdog, and Miller will face off against incumbent Republican U.S. Rep. Troy Downing, who was unopposed Tuesday.
Libertarian Patrick McCracken is also running.
In the primary, Miller took 58% of the vote. Lux took 27% and Windy Boy took 16%, according to the Montana Secretary of State’s website.
In April, Windy Boy paused his campaign amid “serious sexual abuse” allegations raised by the Montana Democratic Party — but Windy Boy restarted his campaign and later called the allegations “political attacks.”
Miller is representing the victim of the alleged abuse and her mother, although he said he didn’t take on the role until after Windy Boy initially suspended his campaign.
The Western Montana Food and Farm Trail, a new agritourism initiative led by Farm Connect Montana, launches May 30, offering locals and visitors a new kind of food and farm adventure across Western Montana.
Running June 1 through October 31, the self-guided Trail spans more than 200 miles and features more than 100 farms, ranches, farmers markets, restaurants, breweries and food businesses across the Missoula, Bitterroot, Flathead and Mission Valleys. Along the way, participants are invited to meet growers and makers, taste what’s in season and experience the culture and care behind Western Montana’s local food community.
At the center of the experience is the passport-style Trail Field Guide, illustrated by Missoula-based artist Courtney Blazon. The guide features illustrated maps, curated itineraries, seasonal highlights and more than 100 local food destinations throughout the region. The guide also includes more than $130 in special offers from participating farms and businesses.
Participants can collect stamps at Trail stops along the way to qualify for prizes, giveaways, or simply as a way to document their journey. End-of-season prizes include raffles for three CSA memberships valued at over $600 each, as well as local food and farm gift certificates, product bundles and Courtney Blazon-designed market totes.
The Trail is a regional collaboration led by Farm Connect Montana in partnership with Land to Hand Montana, The O’Hara Commons and Sustainability Center and Abundant Montana, organizations working to strengthen local food systems across Western Montana. The project aims to support local farms and food businesses through expanded visibility and agritourism opportunities while reconnecting locals and visitors with the people, places and stories behind their food.
“In creating the Western Montana Food & Farm Trail, we hope to inspire both residents and travelers to discover the stories behind their food and connect with the people cultivating a more vibrant, resilient and locally rooted food community,” said Bonnie Buckingham, Executive Director of Farm Connect Montana. “Participation in the Trail is a win for everyone. It creates new opportunities for farms and local food businesses to reach wider audiences while encouraging participants to explore new places, support local producers and experience Western Montana in a more meaningful way.”
“Land to Hand is thrilled to partner with Farm Connect on the Food and Farm Trail to highlight the robust agricultural heritage of Western Montana,” said Gretchen Boyer, Executive Director of Land to Hand Montana. “This initiative is more than just a guide – it’s an invitation to celebrate and support the local farmers who nourish our communities every day. By connecting residents and visitors directly to the source, we’re strengthening our local food system and honoring the people and landscapes that sustain the Flathead Valley.”
To celebrate the launch, regional Trail launch parties will take place in Missoula, the Bitterroot Valley and the Flathead Valley throughout early June, featuring Field Guide distribution, local food vendors, giveaways and opportunities to learn more about the Trail.
Trail Field Guides ($10) will be available for purchase beginning May 30 both online and at participating businesses, farmers markets and community locations throughout the region. A full list of Field Guide purchase locations and details, as well as a digital map and Trail listings, special events and more information is available at farmconnectmontana.org/trail.
Funding for this project was made possible through the U.S. Department of Agriculture’s Agricultural Marketing Service.
Regional launch events
• Missoula Launch Party — LaLonde Ranch, Sun., June 7, 1-4 p.m.
• Bitterroot Launch Party — O’Hara Commons Market, Wed., June 10, 4-6 p.m.
• Flathead Launch Party — Backslope Brewing, Tue., June 16, 4-7:30 p.m.
An “I voted” sign points to a Vote Center on June 1 in Los Angeles.
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Six states — California, Iowa, Montana, New Jersey, South Dakota and New Mexico — hold elections on Tuesday. Most of the attention is on California and Iowa, where there are competitive primaries for governor. In both states, the Democratic Party also sees a road map to control of Congress in the fall.
In California’s unique primary system, voters send the top two vote-getters to November’s general election, regardless of candidates’ political parties. Democratic Gov. Gavin Newsom is term limited, and California voters will also pick who should move on to the general election in five new Democratic-leaning congressional districts.
In Iowa, Democratic voters will choose a candidate in a key Senate race — the Republican in the race is already the de facto nominee. In order to win a majority in the Senate, Democrats must pick up four seats, forcing the party to win in Republican-leaning states like Iowa. For governor, the race is the first good chance Democrats have to win the office in years, but Republicans still need to select their nominee.
Here are key races to follow:
Or skip to specific races:
California governor | California U.S. House | Iowa governor | Iowa U.S. Senate | New Jersey and Montana
You can also check out June 2 voter resources from the NPR network.
California decides top two gubernatorial contenders
It’s been a chaotic scramble to pick the next leader of the country’s largest state. After three prominent Democrats — former Vice President Kamala Harris, Sen. Alex Padilla and state Attorney General Rob Bonta — decided not to run, Democratic voters haven’t had a clear front-runner for the first time in decades. Voters have more than 60 candidates to choose from, but only a fraction of those are considered serious contenders. Only the top two vote-getters will move on to the general election in November.
California Democratic gubernatorial candidate Xavier Becerra hugs a supporter at the Long Beach Arena on May 31 in Long Beach, Calif.
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The race got a shakeup when former Democratic Rep. Eric Swalwell, the presumed favorite, dropped out of the race after he was accused of sexual misconduct by several women. Most recently, polls show the contest could be between two Democrats — the Health and Human Services secretary under former President Joe Biden, Xavier Becerra, and billionaire philanthropist Tom Steyer.
Before Becerra was appointed to Biden’s Cabinet, he served 12 terms in Congress and was elected as the California attorney general in 2016. He’s considered by many as the candidate with the strongest political background. Becerra’s pitch is that he is a proven leader who can hold his own and protect California from President Trump.
Steyer has forked over more than $213 million of his own fortune on the race and is also financially backed by Our Revolution, a group aligned with Sen. Bernie Sanders, I-Vt. Steyer’s platform is centered on taking a stand against special-interest groups in politics.
Polling just a few points behind Becerra and Steyer is Republican Steve Hilton. The former Fox News host was endorsed by President Trump in April, after which Riverside County Sheriff Chad Bianco, another Republican in the race, quickly dropped in the polls. Hilton’s platform focuses on increasing affordable housing supply for first-time homebuyers, bolstering tech industries and reviving California’s film industry.
Democratic gubernatorial candidate Tom Steyer speaks with students during a Get the Youth Vote with Bruin Democrats event at UCLA’s campus on June 1 in Los Angeles, Calif.
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The outcome of California’s new congressional districts
In response to Texas redrawing its congressional lines to create five Republican-leaning districts at the behest of President Trump, Californians approved Proposition 50 in November last year. The measure temporarily sidestepped the independent redistricting commission tasked with drawing nonpartisan influenced congressional boundaries, in favor of politically gerrymandered districts. That allowed state Democrats to redraw their map so five previously Republican-held districts now lean Democratic.
This has left those Republican incumbents figuring out their political futures. Rep. Ken Calvert, the longest-serving Republican from California, and Rep. Young Kim are running in the same district, for example, in a race that’s gotten quite heated.
Then there’s Rep. Kevin Kiley. After being drawn into a much more Democratic-leaning district, he decided to run in a new seat and announced he was leaving the Republican Party and running as an independent instead, though Kiley said would still caucus with the Republicans.
Because of California’s primary system, some of these more competitive seats are creating competitive primaries between Democrats, allowing primary voters to signal to the party what kinds of candidates speak to them most in places that have the most to lose — and gain.
Iowa’s GOP gubernatorial primary
Iowa Republican voters could decide the party’s nominee for governor in the state’s first open race for the office since 2011, as sitting Gov. Kim Reynolds opted not to run for reelection.
With five Republicans on Tuesday’s ballot, Rep. Randy Feenstra is the only one endorsed by Trump. The race will test whether Trump’s endorsement holds weight in a state where his approval rating has slipped over the economy and the war in Iran. Feenstra’s lead may be declining, as one recent poll shows political newcomer and Iowa businessman Zach Lahn could have a shot at winning the GOP primary.
There is a good chance, though, that Iowans won’t know the outcome of the race on Tuesday because a candidate must secure 35% of the vote to win outright. If no one clears that threshold, the nominee will be decided at a Republican convention where delegates — not primary voters — make the final choice.
But the Republican-backed candidate isn’t a shoo-in come November. Cook Political Report categorizes the governor’s race as a toss-up with a slight Republican advantage. Whatever Republican wins on Tuesday will face unopposed Democratic State Auditor Rob Sand in the general election. Sand is popular among voters and has, so far, outraised any other candidate for governor.
Democrats look to flip Iowa Senate seat
Democratic voters in Iowa will pick which candidate they think has the best shot at beating the Republican nominee for Senate, expected to be Trump-endorsed Rep. Ashley Hinson, on Tuesday. This is a seat that Democrats believe they have a shot at flipping come November. It’s part of a larger strategy of expanding their map — and winning in states currently held by Republican senators — if they want a chance to retake the Senate majority.
Iowa Democrats have a choice between state Rep. Josh Turek and state Sen. Zach Wahls. Both candidates are courting different Iowa voters, though. Turek is vying for the independent-leaning vote, while Wahls is hoping to gain the support from committed Democrats. Turek flipped a state House district held by a Republican, while Wahls represents a Senate district that is solidly blue. Both argue they are the candidate who has the right message to win in November.
And with three competitive congressional races on the ballot, some Democrats in the state are feeling like the road to a Democratic majority in Congress runs through Iowa.
Looking beyond Tuesday
New Jersey and Montana also have competitive races that could decide which party has control of Congress.
In New Jersey, all eyes are on Congressional District 7. Four Democrats are hoping to oust Republican Rep. Thomas Kean Jr. The sitting congressman has been notably absent from Washington for weeks due to what Kean cites as unspecified medical issues. He has missed more than 100 House votes since his last recorded vote on March 5.
Two races in Montana may be more competitive than originally expected with the last-minute announcements — shortly before the filing deadline — by Republicans, Sen. Steve Daines and Rep. Ryan Zinke, that neither would seek reelection.
While an open Senate seat does not make Montana, which has long been considered a Republican stronghold, necessarily competitive for Democrats, an independent candidate is outraising candidates in both major parties. Seth Bodnar, Iraq war veteran and former president of the University of Montana, is hoping voters will send him instead, mostly on the message that he won’t work for either party and is focused on changing the direction America is heading. In Bodnar’s case, he has enough voter signatures to land himself on the November ballot, but the Montana Secretary of State’s Office hasn’t yet certified those signatures.
Democrats are working to flip Montana’s 1st Congressional District as well. When Zinke announced he was retiring from Congress, it was seen as an opening for Democrats to compete. Now, four Democrats are angling for the open seat, including front-runner Sam Forstag, a smokejumper who is endorsed by popular progressive Rep. Alexandria Ocasio-Cortez, D-N.Y.
June 2 voter resources from the NPR Network
California | Iowa | Montana | New Jersey | New Mexico | South Dakota
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Los Angeles, Ca17 minutes agoCalifornia primary election results: governor and L.A. mayor races
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Detroit, MI37 minutes agoAnother bribery scandal hits Detroit. It involves the People Mover
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San Francisco, CA47 minutes agoWhat’s Worth More Than Cash in San Francisco Real Estate? Anthropic Stock
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Dallas, TX52 minutes agoDallas weighs $500 million‑plus repair plans as City Hall’s future comes up for debate
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Miami, FL59 minutes agoMiami biotech executive was followed into his condo by man who allegedly threw him from 25th floor
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Boston, MA1 hour agoWhat a World Cup ‘fan zone’ is and what Boston fans can expect in 2026
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Denver, CO1 hour agoDefensive lineman Jordan Miller has a tough battle to make the Broncos’ final 53-man roster
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Seattle, WA1 hour agoVIDEO: Mayor Wilson proposes renewing, expanding Seattle Transit Measure by doubling the sales-tax percentage that funds it.
