Montana
Montana Republicans to form election integrity committee for 2023 session
Blair Miller
(Day by day Montanan) Montana Republicans will type a choose committee for the 2023 legislative session to debate the state’s elections legal guidelines and processes months after a choose struck down three voting legal guidelines they handed in 2021 that restricted voting entry.
A number of lawmakers confirmed three members from every chamber — two Republicans and a Democrat from each the Senate and Home — will comprise the committee, which is able to transfer its proposals by standing administration committees. The Montana Free Press first reported the choice to create the committee.
The committee can be chaired by Sen. Carl Glimm, R-Kila, in accordance with Home and Senate Republican management. The opposite three Republicans on the committee can be Sen. Theresa Manzella, R-Hamilton; Rep. Bob Phalen, R-Lindsay; and Rep. Jerry Schillinger, R-Circle.
Sen. Ryan Lynch, D-Butte, and Rep. Ed Stafman, D-Bozeman, would be the Democrats on the committee, Home Minority Chief Kim Abbott, D-Helena, and Lynch informed the Day by day Montanan.
The committee can be tasked with trying into Montana’s elections programs and processes to see if something must be modified or buttoned up, lawmakers mentioned. However some Republicans and Democrats have totally different visions of how efficient it is going to be and what it should accomplish.
Most committee members already are engaged on associated laws. Though Glimm and Lynch don’t have any elections or voting payments within the works, Manzella has 39, Stafman has three, Schillinger has two, and Phalen has one.
Home Speaker Matt Regier, R-Kalispell, mentioned the institution of the committee has a “enormous swell of assist” from Republicans and that he sees the committee’s objective as upholding a part of the Montana Structure that requires legislators to safeguard in opposition to abuses of electoral processes.
“That’s our job, I feel. Even periodically, the legislature must take slightly magnifying glass to our election course of and simply be sure that the entrance door’s locked and the useless bolt’s there. And if the window’s free, we have to be sure that’s shut,” he mentioned in an interview. “… I feel this joint committee is one method to accomplish that and provides our Montana voters the arrogance that they deserve.”
Senate President Jason Ellsworth, R-Hamilton, mentioned in a written assertion the committee was fashioned as a response to constituents who’ve requested lawmakers “to take a more in-depth have a look at Montana’s election legal guidelines and processes.”
“This committee can be a fact-finding and concept proposing entity,” Ellsworth mentioned within the assertion. “It can complement and can be along with our typical legislative committees and lawmaking procedures, not a substitute of any of the legislature’s regular processes.”
Abbott mentioned in an interview that she and the Democratic caucus consider each Montanan eligible to vote ought to have the opportunity to take action. However she mentioned she believes county clerks and native elections officers already do a superb job of guaranteeing Montana’s elections are truthful and safe.
Abbott mentioned she thinks spending an excessive amount of time on potential modifications to elections is pointless and mentioned her caucus can be extra targeted on financial points.
“We see ‘election integrity’ as a nationwide effort to actually undermine Montanans’ proper to vote,” Abbott informed the Day by day Montanan. “I feel we’ve seen over and over, any accusations of fraud in our elections have been confirmed to be false. There’s merely no proof for that.”
Lynch mentioned in an interview he informed Senate Democratic management he was serious about engaged on the committee and that he already has religion that native elections officers are operating free and clear elections.
“We wish to be sure that the voter integrity is definitely upheld, however I feel numerous it, I might surprise how a lot of it’s actually one thing that Montana wants to spend so much of time on,” he mentioned.
Lynch mentioned he was prepared to make clear any points that the committee uncovers however mentioned he additionally can be completely satisfied to “have interaction the skeptics within the room.” He mentioned he believes there are extra urgent points lawmakers needs to be targeted on, however is able to deal with official issues.
“I feel what it comes again to is we’ve got to belief the oldsters which can be operating the elections on the native stage, and in the event that they point out it’s a useful resource challenge, then we definitely must right these points,” mentioned Lynch.
Three of the lawmakers on the committee — Manzella, Phalen and Schillinger — had been amongst a handful of Republican legislators who final yr carried out their very own unofficial “election integrity committee” listening to in Helena.
The three had been additionally amongst 10 who final yr requested Montana Secretary of State Christi Jacobsen to ballot the legislature on whether or not they wished to convene a particular session aimed toward investigating the state’s elections programs and processes.
The ten lawmakers mentioned within the letter there have been “ample irregularities in election safety in Montana [that] create severe doubt as to the integrity of elections in our State,” however the letter offered no proof of fraud or irregularities. Slightly, it mentioned there have been “worries and issues” amongst an unidentified variety of Montanans “who rank election safety/integrity because the primary or quantity two challenge in Montana.”
Lower than one-third of lawmakers voted in favor of a particular session in April, which might have wanted greater than half of lawmakers’ approval with the intention to occur.
“The members that we did select have a historical past on this and have rolled up their sleeves and put in work for that,” Regier mentioned. “In order that they assume they’re those that give us the perfect shot of getting nice laws come out of that.”
The push for the particular session got here after a overwhelming majority of Montana Republican lawmakers in October 2021 requested management to create an election integrity choose committee in a letter written by Manzella, however that didn’t occur and led to the second effort this yr.
Regier mentioned the foundations underneath which the committee will function and whether or not it should have subpoena energy have but to be decided. Kyle Schmauch, a spokesperson for Senate Republicans, mentioned the panel may use a particular counsel course of to assemble authorities paperwork.
In July, the Montana Republican Social gathering adopted a new platform that continues to name into query, with out proof, the outcomes of the 2020 presidential election gained by Democrat Joe Biden. Some Republicans and different political operatives nationwide have used these claims in makes an attempt — some profitable — to go legal guidelines proscribing voting entry and altering state election legal guidelines.
“We ask and encourage the members of the Montana State Legislature to do the whole lot of their energy to place the duty of election integrity and accountability again into the arms of We the Folks and that the members of the Montana Legislature additionally do the whole lot of their energy to finish any ongoing investigations of the 2020 Normal Election, and to mandate and fund a conversion to mechanical or handbook vote depend,” the platform says.
It additionally mentioned the get together believes it’s “important” that the 2021 voting measures handed by the Republican-led legislature are applied in regulation, although a Yellowstone County District Courtroom choose in September struck three of them down.
One would have modified voter identification legal guidelines, one other would have eradicated Montanans’ talents to register to vote on Election Day, and the opposite would have prohibited paid poll collectors from working within the state, which the choose discovered would illegally hurt Native American voters who reside in rural areas particularly.
Jacobsen, the defendant within the case, filed a discover to enchantment the choice with the Montana Supreme Courtroom in November. The Supreme Courtroom had beforehand upheld an injunction blocking these legal guidelines earlier than the district court docket’s resolution.
With respect to the brand new committee, Regier mentioned he believed lawmakers would want to take these authorized selections into consideration but additionally famous it was the job of legislators to make legal guidelines and the courts to interpret them.
In October, a workgroup of elections officers that analyzed Montana’s elections programs and practices discovered they had been “protected and safe” and launched an internet site that goals to debunk falsehoods unfold about voting and election programs integrity over the previous two years.
However that has not dissuaded some from persevering with to query election integrity within the Treasure State. Regulation enforcement was known as in November when a bunch of election conspiracy theorists encircled election places of work in Cascade County as staff had been getting ready provisional, navy and abroad ballots for counting.
Nonetheless, native boards accomplished their election audits, and the Montana Board of State Canvassers completed its canvass of the November election, the ultimate step for certification, on Nov. 29.
Regier pointed again to the Structure when requested of issues in regards to the committee’s motivations after two years of unsubstantiated claims that there was widespread fraud within the 2020 and newer elections.
“I’d say to any Democrat or Republican that places forth the notion that we don’t want to ensure our election course of is safe and double verify the door — like, if it’s locked and issues are going nice, then we all know that, and the voters know that,” he mentioned.
Montana
Montana Supreme Court upholds landmark youth climate ruling
Montana’s Supreme Court has upheld a lower court’s decision that had sided with 16 young activists who argued that the state violated their right to a clean environment.
The lawsuit was brought by students arguing that a state law banning the consideration of climate when choosing energy policy was unconstitutional.
In a 6-to-1 ruling, the top court found that the plaintiffs, between ages five and 22, had a “fundamental constitutional right to a clean and healthful environment”.
Wednesday’s ruling came after a district court’s decision last year was appealed by the state. Similar climate lawsuits are ongoing across the US but this is first of its kind a from a state supreme court.
The lawsuit targeted a 2011 state law that made it illegal for environmental reviews to consider climate impacts when deciding on new projects, like building new power plants.
It cited a 50-year-old constitutional clause that guaranteed the “state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations”.
The ruling on Wednesday stated that the “plaintiffs showed at trial – without dispute – that climate change is harming Montana’s environmental life support system now and with increasing severity for the foreseeable future” .
Rikki Held, the lead plaintiff in the lawsuit, said in a statement that “this ruling is a victory not just for us, but for every young person whose future is threatened by climate change”.
Montana state officials expressed disappointment with the court’s decision.
Governor Greg Gianforte said his office was still assessing the ruling, but predicted the impact would be “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans”.
Western Environmental Law Center, which represented the young plaintiffs, said in a statement that the decision marks “a turning point in Montana’s energy policy”.
It said plaintiffs and their legal team “are committed to ensuring the full implementation of the ruling”.
Similar cases are scheduled to be heard in several other states, including Hawaii, Utah and Alaska, as well as in countries like Australia, New Zealand, Pakistan, Colombia and Uganda.
Montana
Montana Supreme Court affirms decision in landmark youth climate case
What’s New
The Montana Supreme Court on Wednesday affirmed a landmark climate decision that declared the state was violating residents’ constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming.
Why It Matters
The decision reinforces an August 2023 ruling by District Court Judge Kathy Seeley, who found that Montana’s practices violated its residents’ constitutional right to a “clean and healthful environment.”
This pivotal case, spearheaded by a group of young plaintiffs aged 6 to 23, represented a milestone for climate advocates seeking judicial intervention to compel governmental action on climate change.
What To Know
On Wednesday in a 6-1 ruling, the Montana Supreme Court upheld the August 2023 decision.
The court’s decision strikes down a state policy that prohibited the consideration of greenhouse gas emissions in granting permits for fossil fuel development.
The state had previously appealed the ruling by Seeley, and arguments were heard in July, in which the state argued that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change.
Chief Justice Mike McGrath dismissed the state’s argument that Montana’s emissions are insignificant on a global scale, likening the defense to an “everyone else is doing it” excuse.
McGrath wrote, “The right to a clean and healthful environment is meaningless if the State abdicates its responsibility to protect it.”
What Are People Saying
Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs said, “With the ruling now in place, the Montana Supreme Court’s decision compels the state to carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits.”
Chief Justice Mike McGrath wrote for the majority: “Plaintiffs may enforce their constitutional right to a clean and healthful environment against the State, which owes them that affirmative duty, without requiring everyone else to stop jumping off bridges or adding fuel to the fire. Otherwise the right to a clean and healthful environment is meaningless.”
Republican Governor Greg Gianforte said in a statement that the state was still reviewing the decision, but said it will lead to “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.
Pushback From State Leadership
The ruling has sparked a backlash from Gianforte, who criticized the court for what he described as judicial overreach. He warned the decision could invite an onslaught of lawsuits, increase energy costs for Montanans and hinder the state’s “all-of-the-above” energy strategy.
“This Court continues to step outside of its lane to tread on the right of the Legislature, the elected representatives of the people, to make policy,” he said in a statement. “This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy, which is key to providing affordable and reliable energy to homes, schools, and businesses across our state.”
Gianforte also convened energy stakeholders earlier this week to discuss boosting production to meet rising demand, emphasizing the need for “unleashing American energy” to maintain grid stability.
The Plaintiffs’ Perspective
For the 16 young plaintiffs, the court’s decision validates their personal struggles with the tangible effects of climate change. In a Wednesday statement, lead plaintiff Rikki Held called the ruling “a victory not just for us, but for every young person whose future is threatened by climate change.”
During the trial, the plaintiffs described how worsening wildfires, droughts and diminishing snowpack have disrupted their lives, polluted the air and depleted vital natural resources. They argued that the state’s failure to address these challenges imperils their future and violates their constitutional rights.
What Happens Next
The ruling has positioned Montana as a flashpoint in the national debate over climate accountability, potentially inspiring similar legal challenges across the United States.
This article includes reporting from The Associated Press.
Montana
Pregnant woman claims Montana Highway Patrol wrongfully arrested her for DUI
BOZEMAN — A pregnant woman from Sheridan is claiming she was wrongfully arrested by the Montana Highway Patrol (MHP) for allegedly driving under the influence during a traffic stop near Bozeman.
“I was just pretty shocked. And I constantly told him I’m pregnant, and I haven’t drunk in probably eight months,” says Alyssa Johnson.
Alyssa is a photographer from Sheridan who, at 22 weeks pregnant, was pulled over by an MHP trooper on Dec. 1, 2024 for an alleged traffic violation.
“I have a stutter, and he thought I was slurring so he pretty much said can you step out of the car. Made me do all these kinds of tests,” says Alyssa.
Alyssa explains that she has severe dyslexia, which makes understanding directions, and completing any sort of test, difficult.
“I mean, Alyssa, when she was in school, she used to have extra time to take an exam and she’d have questions read to her,” explains Alyssa’s husband, Tim Johnson.
Alyssa says in addition to her mental handicap, she was in a state of panic during the traffic stop—affecting her ability to give a proper breathalyzer result.
“They were saying that since I couldn’t breathe through the breathalyzer and the testing wasn’t doing good, they arrested me and pretty much took me to the hospital for more blood work,” she says.
A written statement by her therapist confirms Alyssa’s dyslexia diagnosis.
And after the incident, the couple got a third-party blood test—because the one conducted by law enforcement could take up to eight weeks to return.
The blood test, provided by the Johnsons, shows negative for any type of drug.
Alyssa says, “I take a prenatal, an aspirin for my blood pressure, and stuff for my heartburn, like Tums. Just like simple stuff.”
Tim explains that in addition to expecting their second child, they’re currently building a home—making the cost of bail and towing a hard hit on finances.
He says, “We have a budget to stick to and the budget doesn’t include any unexpected costs like this.”
Tim says this is an opportunity for police to receive better training on mental impairments and hopes that charges will be dropped from Alyssa’s record.
“And I understand they have to do their job too. I mean, support police. But this wasn’t right to do,” she says.
The couple says they have filed a formal complaint with MHP.
I reached out to MHP for comment but did not receive a response regarding the incident. We will update this story if we hear back.
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