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.
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Photo elements courtesy of rawpixel and Philip Steffan.
It’s the talk of the town this week — powerful winds ripped the roof off Lincoln Elementary School on Sunday, leaving students, teachers, and residents in shock.
The incident has sparked concern among homeowners who are now worried about how such weather damage could impact their own homes—and what their insurance would cover.
According to Tauna Locatelli, owner of Advantage Insurance, most insurance policies have a set deductible for things like fire or theft, but wind and hail damage deductibles are often much higher, or even based on a percentage of a property’s value.
Quentin Shores reports – watch the video here:
Wind damage highlights insurance challenges for Montana homeowners
“Right now our industry is going through a really challenging time, especially when it comes to wind and hail in Montana. Several carriers are going to a standard ‘all peril’ deductible for everything other than wind and hail. So, it could be $1,000 for all but wind and hail, $2,500 wind and hail,” Locatelli explained.
A deductible is the amount homeowners must pay before insurance covers the rest. For wind and hail, that deductible can be steep.
“Some companies are going 1 or 2% of a coverage value, so that’s the building value. If it’s insured for $500,000 and you have a 1% deductible, you’re looking at a $5,000 deductible for wind and hail, which is what we get in Montana,” Locatelli said.
It’s important for homeowners to know their deductible—if repairs cost less than the deductible, insurance won’t pay anything.
Filing small claims can also impact your rates; Locatelli said, “Because if you have a $3,000 patch job claim and you have a $5,000 deductible, you really don’t want to file that because you’re not going to get anything in. That claim is going to follow your insurance record for five years.”
Age of property factors in as well. If you have an older roof, insurance may not fully cover its replacement.
“You’ve now lived half the roof life. Well, insurance is about indemnity and putting you back in the same condition you were in before the loss. You can’t put a 16-year-old roof on a home, so at 16 years, they’ll now pay 50% of that roof instead of 100% because it’s already lived half of its life. And then it drops each year as it goes by,” Locatelli added.
The bottom line: Keep your property maintained, review your insurance policy, and think carefully before filing a claim—especially as Montana faces more intense weather.
HELENA — On Monday, Montana Attorney General Austin Knudsen sent a letter to the City of Helena claiming the municipality is not in compliance with the state’s law banning “sanctuary cities.” The letter comes just under a month after the State of Montana launched an investigation into a city resolution on Helena Police policy and Helena’s involvement in federal immigration enforcement.
In the letter, Knudsen laid out the ways he believes the city’s resolution violated state law. The attorney general gave Helena 15 days to respond or reverse the policy. If the city does not comply, his office will pursue legal action.
“Helena’s resolution appears to contain blatant violations of this law,” wrote Knudsen.
MTN News
On January 26, 2026, the City of Helena adopted a resolution clarifying when and how the Helena Police Department will cooperate with federal immigration officials. The vote was 4 to 1. The Helena commission seats and the mayor are elected in non-partisan races.
In the letter, Knudsen alleges the resolution established “a broad sanctuary city policy” that seeks to protect every illegal immigrant, regardless of whether the individual had committed a serious crime or not. The state further claims the resolution gives illegal immigrants “special privileges” in plea deals and establishes a “free-for-all policy” where a police officer can request the unmasking of Department of Homeland Security and ICE officers.
Knudsen has requested that the City of Helena, in their response, specifically describe in detail how the resolution complies with Montana law, provide emails and correspondence from city staff and the commission regarding the resolution.
Helena City manager Alana Lake told MTN in a statement: “The City of Helena is aware of the issues being raised by the Attorney General’s Office and is reviewing the matter. While we cannot discuss the details of a potential legal issue, the City is committed to transparency and compliance with the law. The City takes these matters seriously and will continue to cooperate with the appropriate authorities while remaining focused on serving our community.”
MTN News 
Passed in 2021, Montana House Bill 200 prohibits a state agency or local government from implementing any policy that prevents employees or departments from communicating with federal agencies regarding immigration or citizenship status for lawful purposes. It also states governments must comply with immigration detainer requests if they are lawfully made.
HB 200 was backed by Republicans and passed with only Republican votes. Gov. Greg Gianforte signed the legislation into law on March 31, 2021.
Passage of the resolution by the Helena City Commission has drawn ire from conservative voices in Montana politics and on the national level.
MTN News
The resolution said the commission supported the Helena Police Department avoiding “committing its resources to federal action for which it has no authority,” such as entering into an agreement with the federal government to directly enforce immigration laws. Under federal law, immigration enforcement is conducted by federal agencies under the Department of Homeland Security. However, under the Immigration and Nationality Act, state and local governments can voluntarily enter into 287 (g) agreements with the federal government that allow them to enforce immigration laws.
The commission further supported HPD’s policy not to stop, detain, or arrest a person solely on suspected violations of immigration law, including assisting other agencies in an arrest based solely on immigration law.
DEEPER LOOK: Helena has seen a growing debate over ICE and local police involvement
In the resolution, the commission also supported an HPD officer, using their own discretion, requesting the identification and unmasking of a Department of Homeland Security Officer if the HPD officer “feels it will not be interfering with the actions of federal officers exercising their jurisdiction.”
“This adversarial relationship by local law enforcement toward federal officers itself undermines public safety and forces immigration officers to fear for their safety when they are simply carrying out their lawful duties,” wrote Knudsen.
The resolution further supports the City of Helena’s policy not to consider immigration consequences in a plea agreement with a defendant.
Mack Carmack, MTN News
The commission also supports the City of Helena not disclosing any sensitive information about any person – including immigration status, sexual orientation, or social security number – except as required by law.
“This is a restriction that directly conflicts with Montana’s prohibition on sanctuary jurisdictions, specifically ‘sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person’s citizenship or immigration status for a lawful purpose,’” the attorney general wrote.
If a government is found to be violating Montana’s law banning “sanctuary cities”, the state could fine them $10,000 every five days, prevent them from receiving new grants from the state, and have their projects with the state re-prioritized. A government in violation can avoid penalties by becoming compliant with the law within 14 days of being notified of the violation.
Read the full letter from the Montana Attorney General to the City of Helena:
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