Montana
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.
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.
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.
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.”
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.”
wildmontana-state-stay-denied
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists…
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists out of the party ranks.
Lewis and Clark County District Judge Michael F. McMahon issued the restraining order Wednesday morning. The order had been requested by county precinct committees and officers suing the state party organization over the new bylaws. The plaintiffs are the Yellowstone County Republican Central Committee, the Choteau County Republican Central Committee, and individual committee members Jeff Essmann, Ted Kronebusch, James Wilson and state Rep. Brad Barker, R-Red Lodge.
At issue are bylaws passed during MTGOP’s June platform convention that the litigating party members say amount to “fraudulent and corrupt practices.” The new bylaws require members to pay $20 in annual membership dues and pledge a loyalty oath, and subject members to removal from elected party positions for nonpayment of dues or for “conduct deemed inconsistent with party purposes,” as determined by executive party party officers. The new bylaws allow charges for removal to be brought by any 20 official Republican Party members.
Montana Republican Party Chairman Art Wittich, the only official spokesperson for the state party, has not responded to voicemails and texts sent to his cell phone Wednesday. Wittich, elected party chairman in June 2025, has long been emphatic about exposing “Democrats disguised as Republicans” — for Wittich a now decade-old battle that spun into a bitter multimillion-dollar war between party hardliners and relative centrists in this spring’s Republican legislative primaries.
The centrists drew the ire of the hardliners in 2025 by collaborating with Republican Gov. Greg Gianforte and legislative Democrats to pass a balanced state budget and key pieces of legislation, including increased taxes on second homes and property tax reductions for primary residences and small businesses.
What constitutes disqualifying conduct isn’t fully spelled out in the bylaws, but they do specify that “collaborating with Democrats” in the Legislature, the governor’s office, the courts, or elections can get members disciplined or removed.
The lawsuit alleges that “The 2026 bylaws empower a small group within the party to revoke Republican affiliation from candidates or office holders, undoing primary nominations by the electorate.”
The plaintiffs argue that Montana voters, not party bylaws, should determine who represents the Republican Party in general elections and who represents voting precincts on the publicly elected county-level Republican committees that coordinate local political activity.
The Montana Legislature in 2019 passed a bill protecting publicly elected party precinct committee officers from being arbitrarily removed from office and defined attempts to do so as “fraudulent and corrupt practices.” That law, sparked by Republican Party infighting 10 years ago, is the foundation of the current lawsuit.
There has been a surge of public interest in Republican precinct-level politics following a perceived lack of support by party hardliners for Republican candidates in conservative strongholds like Flathead County, where more than 60 new precinct committeemen and committeewomen were elected in June. That wave of new officers was preceded by Flathead County Republican Central Committee members considering an endorsement of Libertarian Sid Daoud for Kalispell mayor over Republican Kisa Davison in late 2025. The Kalispell mayor’s race is nonpartisan, but Republicans have gone to court to secure the party’s right to endorse candidates in nonpartisan races.
Wittich’s own campaign for precinct committeeman representing Whitefish was a casualty of that new wave of public interest. He lost to Republican Giuseppe “G-man” Caltabiano, who serves on the Whitefish City Council.
Caltabiano’s wife, Roxanne Ross, defeated Candace Wittich, wife of the Republican chair, in the same election.
State law gives precinct officers two-year terms and specifies that they can be removed only for death, written resignation or loss of residency. The new bylaws state that participation in party governance, including service as a precinct official, “is a privilege of association, not a right conferred by public office or candidacy. Members must act in good faith to support the Party’s purpose and must not engage in conduct materially inconsistent with the Party’s interests, including conduct that undermines its platform, policy positions, election operations, or internal governance.”
The recent changes to the party bylaws allow precinct officeholders to be suspended from voting in party matters and replaced by party leadership for noncompliance. Empty precinct seats can be filled by the Republican Party chair.
“Every Republican candidate sells their version of Republicanism to the people in a primary campaign, and the voter chooses which version to buy,” the lawsuit states. “The party cannot dictate what brands of Republicanism are on the market.”
Former MTGOP chair Jeff Essmann, a plaintiff who is also a long-serving precinct officer, said in his affidavit that members of the Republican State Central Committee weren’t given a required notification about attempts to amend the bylaws. He said he would have attended the platform convention and argued against amending the bylaws if he had known.
“The 2026 Bylaws empower any twenty members of the Party to recommend any other member of the Party for expulsion from the party, to be determined by the State Central Committee, even people who do not reside in Yellowstone County and who have never met me,” Essmann said in the affidavit.
Other central committee members produced pre-convention emails about potential changes to the bylaws, but no details about the amendments.
In issuing the order, McMahon indicated that Republicans challenging the bylaws are likely to succeed. He set a July 13 hearing on whether to make the order permanent.
“Plaintiffs have shown a likelihood of success on the merits of their claims that the challenged provisions are inconsistent with Montana election law and constitutional protections governing candidacy, nomination, speech, association, due process, and elected precinct committee representatives,” McMahon ruled.
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This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.
Copyright
© 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 8, 2026, results for each game:
Winning Powerball numbers from July 8 drawing
12-29-37-43-55, Powerball: 18, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from July 8 drawing
17-26-31-32-37, Star Ball: 01, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from July 8 drawing
03-13-16-17, Bonus: 10
Check Big Sky Bonus payouts and previous drawings here.
Winning Powerball Double Play numbers from July 8 drawing
06-27-33-44-69, Powerball: 23
Check Powerball Double Play payouts and previous drawings here.
Winning Montana Cash numbers from July 8 drawing
08-16-17-22-27
Check Montana Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from July 8 drawing
16-18-43-48-50, Bonus: 01
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
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.
HELENA, Mont — Gov. Greg Gianforte is backing a new effort to keep data centers from driving up Montanans’ power bills.
This week, Gianforte announced Montana is signing on to the Ratepayer Protection Pledge — an initiative endorsed by President Trump.
Several major technology companies like Amazon, Google, Meta, Microsoft, OpenAI, Oracle, and XAI first signed the pledge back in March.
The pledge comes as data center development continues to grow — raising questions about how much new energy will be needed and who will pay for it.
NBC Montana spoke with Julia Haggerty, professor of geography and department head of earth sciences at Montana State University, about whether Montana’s power grid is ready for that growth.
“Not without resolution of significant transmission bottlenecks and massive amounts of new generation. So, while our grid is adequately, relatively adequately equipped to serve the needs of our current load base, it’s definitely not equipped to accommodate the new demands without a lot of expansion,” she said.
According to the pledge, data center developers will pay for new power generation, and infrastructure needed to support their operations.
“It does align with ongoing regulatory efforts to ensure that the cost of new generation associated with data centers is borne by the developers of those data centers and not customers,” Haggerty said.
The governor’s office says Gianforte’s support of the pledge is designed to encourage responsible data center investments while protecting Montana ratepayers from long-term costs.
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