Montana
Montana's unending search for solutions in need of problems • Daily Montanan
How many times in the past, oh say, year or so have you found yourself saying: I wish there was more politics in my life?
For months now, we have been hearing parents call for politics to be taken out of the schools, whether that’s in school library book bans or conversations about who can use what bathrooms when. Politics has permeated churches, schools and even family gatherings — once considered off-limits for politics.
It’s grown to be such a toxic subject that family holiday meetings have turned from awkward to open warfare in some households, and both Democrats and Republicans can agree on one thing: If they don’t get your vote this election cycle, democracy is a goner.
That’s why it’s hard to imagine a more tone-deaf call than the cadre of Montana Freedom Caucus members who have triggered a poll to call state legislators back into session.
They want to bring all 150 lawmakers back together so that judges running for the state’s nonpartisan judiciary can declare their political parties, meaning that virtually no segment of the Treasure State government will be operating without the color of partisanship.
Not to be outdone, another dozen Republicans on Tuesday — the day after — called for a different special session, this time to deal with immigration and marijuana revenue.
It made us positively dread Wednesday to see what laughable scenario required the urgent attention of a legislative special session.
What Republicans risk, of course, is a painful and frustrating reminder of what isn’t getting done.
No one wants more politics in their life, and especially not at the state court level, which, despite temper tantrums by the Republican leadership in the legislature, continues to demonstrate itself as the adult in state government.
Keep in mind: A second legislative investigative committee, formed to come to the pre-determined conclusion that something is wrong in Montana courts, had to have what amounted to a day-long remedial civics lesson for some state Republican senators who seemed particularly aggrieved that the courts exist, let alone that they have been given power to review laws. Something about a whole system of checks and balances.
It’s telling that lawmakers who pride themselves on invoking the constitution, wearing flag pins and talking about the Founding Fathers seem to know so little about what those same founders created, including an independent, separate and co-equal judiciary.
At least I credit Senate President Jason Ellsworth, R-Hamilton, for trying to provide a basis for the legislative committee’s inquisition.
Now, lawmakers want to convene to also take what amounts to a third pass at divvying up the proceeds from marijuana tax revenue, with the excuse that the reason they didn’t override Gov. Greg Gianforte’s veto previously was out of deep concern about the separation of powers and judicial overreach.
Leaders expect us to believe that? This was the same group that seemed surprised by the 1803 case of Marbury vs. Madison, which established the concept of judicial review three years before Lewis and Clark came to Montana, 61 years before it became a territory and 86 years before statehood.
Lawmakers have also tucked the scare tactic of immigration into a call for the special session, after a single homeless immigrant family landed on the doorstep of the Flathead County Sheriff’s Department.
I get it: When Republican governors in other states like Florida and Texas send immigrant families to perceived liberal areas, it’s giving these snowflakes a taste of their own medicine. But when the immigrants arrive here, it’s the impetus for the entire legislature to meet.
Again, who are the snowflakes?
Maybe the most vexing thing is just how horribly out of touch these lawmakers are with what is actually happening in Montana. Few Montanans who aren’t in the Legislature are concerned with the possible partisan leanings of judges. And one homeless family, sadly, is just one more family in need of affordable housing in the Treasure State, regardless of where they came from.
The purpose of a special session isn’t property tax relief. It isn’t the unchecked housing problems run amok. It’s not even to discuss what could be a potentially dangerous fire season.
Yet, despite the Republican supermajority’s penchant for solving problems that don’t rate very high on a burgeoning list of Montanan concerns, maybe we should nonetheless thank our GOP leaders for reminding us of the large gulf that seems to separate the politicians from the people of Montana.
On Tuesday, school levies, including one for safety in the state’s largest district, largely failed at the ballot box — and failed spectacularly. Erwin Garcia-Velasquez, the superintendent of Billings Public Schools, told The Billings Gazette that it was property-tax fatigue.
Meanwhile, Republicans are worried about political leanings of judicial candidates?
Maybe come back when you have a plan to fix real problems, rather than shadow punching at the judiciary or explaining why counties, most of them Republican, can’t fix roads.
Montana
SLIDESHOW: Severe storms moved through western Montana on Thursday
Severe storms moved through parts of Montana on Thursday, prompting a total of 5 Severe Thunderstorm Warnings. Reports included strong wind gusts and hail in several communities, including Augusta, Choteau, Sunburst, Bigfork, Kalispell and Evergreen.
The strongest reported wind gust was 60 mph near Augusta, while hail up to 1 inch was reported near Evergreen and Kalispell.
STORM REPORTS:
12 SE Grant — 56 mph thunderstorm wind gust
7 NNE Augusta — 60 mph thunderstorm wind gust
5 ENE Choteau — 59 mph thunderstorm wind gust
Sunburst — 54 mph thunderstorm wind gust
Ennis — 59 mph thunderstorm wind gust
3 SSW Ennis — 52 mph thunderstorm wind gust
2 E Helena — 54 mph thunderstorm wind gust
19 E Swan Lake — 56 mph thunderstorm wind gust
2 NNW Yaak — thunderstorm wind damage – Multiple downed trees reported along Highway 2 between MM 3 and 8
3 WSW Blacktail — 53 mph thunderstorm wind gust
1 NNW Troy — 49 mph thunderstorm wind gust
5 ENE Choteau — 56 mph thunderstorm wind gust
Turah — 0.88″ hail
1 NNW Bigfork — 0.75″ hail
3 SW La Salle — 0.50″ hail
2 N Evergreen — 1.00″ hail
1 W Kalispell — 1.00″ hail
3 WNW Kalispell — 0.75″ hail
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Montana
Las Vegas man sentenced after Helena coin shop burglary in Montana
LAS VEGAS (KSNV) — A man from Las Vegas has been sentenced after stealing coins and precious metals from a Helena shop in Montana.
This comes after Bishop Lott, 47, pleaded guilty in January to one count of interstate transportation of stolen property.
A judge sentenced Lott on Thursday to 27 months in prison, followed by three years of supervised release. He was also ordered to pay $276,153.08 in restitution to the Helena business as well as five other theft victims.
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The government alleged in court documents that Lott, along with Ricky Rynell Rose, broke into Wayne Miller Coins in Helena and stole nearly $59,000 in coins and precious metals from a Helena business.
Rose pleaded guilty last year and was sentenced to 39 months in prison.
The Helena Police Department received a call on March 3, 2024, reporting that Wayne Miller Coins had been burglarized earlier that day.
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As part of their investigation, Helena police officers reviewed surveillance footage from multiple businesses. They analyzed email account data, which led them to Lott and Rose, who had taken the stolen material to Nevada.
Montana
A battle over dark money is brewing in Hawaii and Montana
Political spending that is funneled into elections from a variety of nonprofits is known as dark money — and unlike campaign spending or the money deployed by PACs and super PACs, these sources are not required to disclose their donors. Following the Supreme Court’s 2010 Citizens United decision, which created the country’s current election spending landscape, this has ramped up dramatically, with the 2024 election seeing a record $1.9 billion in dark money spending, nearly double the $1 billion spent in 2020. Now, some campaign finance reformers think they’ve found a state-level reform that can rein in this spending.
Now, campaign finance reformers think they’ve found a solution, and it’s already in place in Hawaii.
A newly enacted corporate law, SB 2471, changes the powers that corporations, or other artificial persons like nonprofits, are granted by the state of Hawaii. In the United States, states grant artificial persons powers as part of an agreement that allows those artificial persons to operate in the state. SB 2471 works by changing the powers that Hawaii grants these entities to disallow them from spending on politics at all.
Tom Moore, a senior fellow at the Center for American Progress and former chief of staff to Federal Election Commission commissioner Ellen Weintraub, told Salon that the law operates upstream of Citizens United by dealing with the powers granted to corporations and other artificial persons, rather than trying to regulate what they can and cannot do with those powers.
“Citizens United said, ‘Hey, if you’re a corporation that is empowered to spend in politics, your right to spend independently in politics can’t be infringed,’” Moore said. “Fine. What this [Hawaiian law] does is say, ‘You know, we’re not going to create that kind of corporation anymore. We’re going to create the kind of corporation that doesn’t have any political spending powers.’ Citizens United and all the other campaign finance cases that the courts have ever decided do not speak to that.”
In his analysis, Moore said this strategy also has a better chance of standing up to scrutiny from the Supreme Court because courts have long upheld a state’s ability to assign powers to corporations operating within their borders, going back hundreds of years.
“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks.”
“The Supreme Court has said for 200 years that the states can do whatever they want in terms of assigning powers to corporations. They made a fatal assumption in Citizens United that 100 years ago, when states gave away all the powers and said, ‘You can do anything that a human could do,’ they assumed that states would never change their mind on that,” Moore said. “But they never said the states couldn’t change their mind on that, and now they are.”
For example, a recent court ruling in Delaware allowed a change to a town charter that would allow corporations to vote there under some circumstances.
Moore believes that this Hawaiian law, and others like it in the works in other states, have a good chance of surviving at the Supreme Court. However, some critics disagree, saying this legal maneuver is likely to be struck down.
Brad Smith, the chairman and founder of the Institute for Free Speech, a nonprofit that advocates against limits on political speech, including political spending, called the move an “end run” around Citizens United.
“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks. If you want to do it, you probably have to change the makeup of the Supreme Court or be willing to pack the court and have the political muscle to do it,” Smith said.
In his opinion, the court is likely to see Hawaii’s law as a violation of the First Amendment and is unlikely to look favorably on the argument that these laws deal with powers rather than with rights and that this has to do with how corporations have changed in the past 200 years.
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Smith explained that in the past, states used to create bespoke statutes for corporations to do something like operate a ferry or a toll bridge. These days, however, the laws governing corporations are more uniform.
“That’s just not how corporations operate in the modern world,” Smith said.
Smith added that he suspects the court will see this law as conditioning the creation of a corporation, or similar artificial person, on forfeiting the right of the people forming a corporation to political speech in the form of spending.
“You could not have the state say we’re going to allow you to register your home, but only if you agree that you won’t spend any money from your home equity line of credit on any kind of political activity,” Smith said. “You can’t deny people the benefits of the law based on a determination that they give up some type of constitutional rights.”
Notably, under Hawaii’s law, the people who form corporations are still allowed to engage in political spending; it’s just that the artificial person in question is disallowed. Still, Smith said, he believes the court will still see the law as unconstitutional.
What’s clear is that this new law, or one like it, will likely be headed to the Supreme Court and that’s because there are already other states where people are mobilizing to create similar laws.
Jeff Mangan, the founder and president of the Transparent Election Initiative, is already spearheading an effort to get a similar statute on the ballot in Montana in 2026, telling Salon that the group is only about 1,000 signatures away from meeting the petition requirements, with four weeks left.
“It’s an all-volunteer effort in Montana, we don’t have any paid signature gatherers, and it’s something that hasn’t been seen in a couple of decades here,” Mangan said.
While election finance reform is typically seen as a progressive issue, Mangan said that the initiative has been well-received by Montanans of all political leanings and that he’s optimistic that the measure will pass, though he’s expecting a significant political battle once the ballot measure is approved.
“We start with a very simple question: Do you believe there’s too much money in politics?” Mangan said. “Citizens will say ‘Yes,’ and they may not agree exactly what the solution is, but we can all agree that there’s too much money in politics.”
Mangan acknowledged that the law, if passed in Montana, would be limited in that it only addresses dark money, which is a relatively small portion of political spending. While 2024 saw nearly $2 billion in dark money spent, it saw some $15 billion in outside political spending, according to the election spending watchdog OpenSecrets. Still, Mangan said, he’s already had organizers in all 50 states reach out expressing interest in the project and in starting similar efforts in their home states.
The Montana measure has also already survived a legal challenge at the Montana Supreme Court, which makes organizers optimistic that the law will survive a federal challenge. The court ruled that the law was not an infringement of rights because the law “speaks only to powers, not rights, and it does not expressly revoke any constitutional rights.”
Still, Mangan expects that his group and the supporters of the measure will have to fight tooth and nail to get the bill passed via referendum if and when it appears on the ballot in November.
“It’ll certainly be a David versus Goliath battle. They’ve already started. The Chamber of Commerce and industry groups attempted to stop the initiative right at the beginning of the signature-gathering phase. They sued the state to stop us from gathering signatures. They were unsuccessful,” Mangan said. “We expect litigation at every step of the way through this, not to mention whatever political campaign they choose to throw at us, and I would imagine it’ll be expensive and immense. It almost makes our point. Exactly the reason we need the Montana plan is because of exactly what we’re seeing being thrown against us.”
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