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Voters consider measure to add electronic data privacy to Montana Constitution

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Voters consider measure to add electronic data privacy to Montana Constitution


HELENA — When Montana voters look over their poll this yr, there’s more likely to be one proposal they haven’t heard a lot about. There’s been no vital marketing campaign exercise for or in opposition to Constitutional Modification 48, or C-48. The measure would change simply 11 phrases within the Montana Structure, however they’re centered on a giant matter: using folks’s digital information.

C-48 would particularly add “digital information and communications” in a listing of things protected against unreasonable search and seizure. Supporters say that would embody emails, chat messages and way more.

“This may replace Montana’s structure for the 21st century,” stated Kendall Cotton, president and CEO of the Frontier Institute, a free-market suppose tank in Montana.

At the moment, Article II, Part 11 of the state structure reads:

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“The folks shall be safe of their individuals, papers, houses and results from unreasonable searches and seizures. No warrant to go looking anywhere, or seize any particular person or factor shall problem with out describing the place to be searched or the particular person or factor to be seized, or with out possible trigger, supported by oath or affirmation decreased to writing.”

C-48 would replace that language to:

“The folks shall be safe of their individuals, papers, digital information and communications, houses, and results from unreasonable searches and seizures. No warrant to go looking anywhere, to grab any particular person or factor, or to entry digital information or communications shall problem with out describing the place to be searched or the particular person or factor to be seized, or with out possible trigger, supported by oath or affirmation decreased to writing.”

Cotton stated his group proposed this variation earlier than the 2021 legislative session, in response to issues about mass digital surveillance.

“It appeared like folks have been very involved about their privateness, so we began wanting into ways in which authorities and lawmakers may ship a message to folks in Montana that their privateness is a precedence,” he stated.

He stated the Frontier Institute labored carefully with Sen. Ken Bogner, R-Miles Metropolis, who launched the proposal within the Legislature. It went by means of the state Senate 50-0, then handed the Home on a 76-23 bipartisan vote – incomes properly over the 100 sure votes it wanted to qualify for the poll.

Most often, state regulation already requires a warrant earlier than authorities entities can get information off an digital machine. There are exceptions if the proprietor consents and in sure emergency conditions.

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Cotton believes it’s nonetheless price including this particular language to the structure, to guard in opposition to any future modifications to the regulation and to make some extent concerning the significance of securing this information.

“What states can do is they are often proactive,” he stated. “We may be the laboratories for democracy, and say, ‘That is how we view our elementary proper to privateness, we view it as together with protections for our digital information and communications on-line.’”

One of many lawmakers who voted in opposition to advancing C-48 was Rep. Invoice Mercer, R-Billings, the previous U.S. lawyer for Montana. He advised MTN he understood the thought behind the measure, however didn’t really feel it was essential. He argued the present legal guidelines – and the safety of “papers, houses, and results” already within the structure – present sufficient safety.

“I’m simply not listening to a couple of circumstance wherein there was a bit of litigation that folks may level to and say, ‘See, here’s a actually dangerous final result, here’s a scenario the place a search occurred that was deemed to be constitutional given the phrases of the Montana structure that didn’t adequately the digital privateness pursuits of the person who was the topic of the search,’” he stated.

Mercer stated he additionally had issues about how the modification may have an effect on regulation enforcement operations in “exigent circumstances” – harmful or pressing conditions when courts have acknowledged officers could typically make a search or seizure with out a warrant.

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Through the legislative session, a lobbyist for the Montana Affiliation of Chiefs of Police equally expressed “smooth opposition” to the modification, saying it may have unintended penalties for regulation enforcement.

Yow will discover extra data on C-48 and LR-131, the 2 statewide poll measures on Montana’s poll, on the Montana Secretary of State’s web site.





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Montana

Youth Versus Experience in House District 1 – Flathead Beacon

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Youth Versus Experience in House District 1 – Flathead Beacon


Three-term Republican lawmaker Neil Duram is running for reelection to represent northern Lincoln County in state House District 1 –– a newly-drawn district that was formerly House District 2 before the state’s decennial redistricting process took place last year. Duram is facing a challenge from Dakota Adams, a 26 year-old who has gained notoriety as the son of Oath Keepers militia founder Stewart Rhodes.

During the 2023 legislative session, Duram carried three successful bills pertaining to emergency response and motor vehicle laws with bipartisan support through the Legislature. Previously, he also championed a bill that requires school buses in Montana to have an extended stop sign arm on any routes where students have to cross a street, which came after an elementary school student in Whitefish was struck by a car after getting off her bus.

“My skillset is public safety,” said Duram, a former Montana Highway Patrol trooper and current chief of the Eureka Police Department. “My whole lifetime has been about Montana Title 61, Title 45 and Title 46 codes. Those are the ones I know, and that’s where I bring experience to the capital.”

Montana Code Annotated (MCA) Titles 45, 46 and 61 are the laws pertaining to “Crimes,” “Criminal Proceedings,” and “Motor Vehicles,” respectively, areas that Duram has focused on during his three terms in office.

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Among the bills Duram was unsuccessful in carrying through the House in 2023 was one that would have established an “election security team” to oversee a post-election hand count of all ballots cast in Montana. The bill prompted much debate among lawmakers and died in committee.

“Intense debate, that’s how we figure out what ideas are good and bad. We brainstorm about ideas in committee and on the floor and if they get batted down and don’t get the votes to move forward, then we know it’s not what we need to be doing,” Duram said.

If sent back to Helena for the 2025 session, Duram has several bills already top of mind. On property taxes, Duram said he hopes to make all tax levies approved by voters subject to reapproval after 10 years, similar to how the Legislature must reauthorize the 6-mill levy for the Montana University System every decade.

“I think 10 years strikes the balance point for predictability of local government to be able to plan their budgets,” he said. “Of course, the point that I think is missed when we talk about property taxes is that they fund local government. Maybe not necessarily your local government — Lincoln County gets more than we contribute — but it’s still vital to remember what property taxes pay for.”

Duram also suggested raising the threshold for voters to approve initiatives and local levies above 50%.

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On public safety, Duram wants to add an automatic check to see if a person is on probation when law enforcement conducts a check on an individual or license plate. He said it will bring accountability to probation programs to ensure interactions with law enforcement are reported to probation officers.

In addition, Duram talked about a bill that passed in 2023 criminalizing the use of date rape drugs, which he tried unsuccessfully to amend to include giving someone any mind-altering substances without their consent.

“I couldn’t believe it wasn’t against the law to give someone a drug without their knowledge,” he said, adding that there are clear differences when talking about a medical setting. “It’s my position that if you’re giving someone a drug, you need their consent, including marijuana and alcohol. It’s my intention to bring that portion of the bill back.”

Duram ran unopposed in 2018 and 2022, and beat Democratic challenger Lori Ramesz by 60 percentage points in 2020.

A first-time candidate, Adams lives in Eureka, where he works in construction, takes classes at Flathead Valley Community College, and serves as a rural volunteer firefighter. He said he decided to run to make sure that there is a choice for voters on the ballot in a district that is often written off by the Democratic Party.

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 “Coming up on this election, I’d been advocating for a while that more ordinary people should become involved in politics and sign up to run for something to fill out the ballot, whether they think they have a good shot or not,” Adams said. “Then I had to follow through, or else I would have been one more hypocritical voice on Twitter. I decided I was going to lean in and commit as hard as possible.”

Adams acknowledges that he is a long-shot candidate “running as a progressive Democrat in maybe the second most conservative county in Montana,” but has been surprised at the reception he’s received while campaigning.

“It’s struck me with how often starting a conversation with ‘I’m a down-ballot candidate here to talk about Montana issues, not anything national’ leads to better conversations,” he said. “I’m talking to them about how I’m applying for a job and explaining my positions on things, and overall people are so sick of politicians dodging uncomfortable questions that I think they’re interested in actually talking.”

Adams endorses the property tax reform policies put out by state Democrats earlier this year, emphasizing that this will be a primary focus for all lawmakers. He hopes property taxes will “be addressed immediately upon the opening of the next legislative session.”

There’s also the “crusade against civil rights” Adams said took place during the 2023 legislative session. He hopes to push back against bills restricting LGBTQ+ rights and abortion rights.

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“I see so many politicians attacking our civil rights, but doing so under the cover of being ‘against the woke agenda,’” he said. “I’m somebody who’s suspicious of any government authority over people’s lives, any power of the state to determine how people live. I don’t have a blind eye to that, and I won’t let the state keep it up.”

Adams also wants to focus on bolstering local economies and supporting local manufacturing, a counter to northwest Montana’s reliance on recreation tourism.

“If we can support the broad spectrum of Montana small businesses and entrepreneurs, and remove the chokepoint that’s keeping upstart businesses form succeeding, I think local economies will be in a better place,” Adams said. “We should support places tied to local people who want to build their American dream.”

House District 1 comprises Eureka, Rexford, Troy and Trego.  View the district map here.

The general election is on Nov. 5. Absentee ballots are sent out Oct. 11. Read more about the candidates running for Legislature in the Flathead and Tobacco valleys here, and find out what legislative district you live in here. Check your voter registration here.

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Bobcat postgame: Brent Vigen, players discuss Montana State's 55-17 win against Northern Colorado

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Bobcat postgame: Brent Vigen, players discuss Montana State's 55-17 win against Northern Colorado


BOZEMAN — This is the postgame press conference from Montana State following its 55-17 win over Northern Colorado on Saturday for homecoming at Bobcat Stadium.

With the win, the Bobcats are 2-0 in Big Sky play and improved to 6-0 overall. They remain the only team left undefeated in the conference.

Head coach Brent Vigen, linebacker McCade O’Reilly and wide receiver Ty McCullouch spoke to the media following the victory over Northern Colorado. Click the video reel above to watch.





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Montana State football beats Northern Colorado 55-17, sending Bears to 18th straight loss

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Montana State football beats Northern Colorado 55-17, sending Bears to 18th straight loss


Nationally ranked Montana State defeated Northern Colorado for the 11th-straight game with a  55-17 win Saturday in a Big Sky Conference football game at Bobcat Stadium in Bozeman.

Sophomore wide receiver Taco Dowler had 207 all-purpose yards for the 6-0 Bobcats, who came into the homecoming game ranked third in the Stats Perform FCS Top 25 poll from Sept. 30.

Northern Colorado lost for the sixth time in six games this season, and the program losing streak extended to 18 games dating to November 2022.

UNC’s last win was a 21-20 victory Nov. 12, 2022 over Big Sky opponent Northern Arizona at Nottingham Field in Greeley. The program’s current losing streak began the following week with a 45-21 loss to Eastern Washington in Cheney, Washington.

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Northern Colorado’s last win over Montana State was 17 years ago, a 16-13 victory Oct. 27, 2007 in Greeley.

Montana State led 27-0 at halftime on three touchdowns from Bobcats’ quarterback Tommy Mellott and a 34-yard touchdown pass from wide receiver Ty McCullouch to Dowler. Mellott threw two touchdown passes in the first half and ran for another.

Dowler and Mellott connected for a 72-yard touchdown late in the third quarter. Dowler added 102 yards on punt returns. McCullouch caught a 50-yard touchdown pass from Mellott midway through the third quarter to give the Bobcats a 34-0 lead.

Mellott was 8 of 12 for 225 yards passing. He accounted for five touchdowns against the Bears with four passing touchdowns. Mellott has 12 passing touchdowns this season and five rushing touchdowns. He has not thrown an interception.

Montana State totaled 510 yards of offense, averaging eight yards per play in scoring a season-high in points. Running back Scottre Humphrey ran for 81 yards on 10 carries with a touchdown.

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“We didn’t play very disciplined on defense,” UNC coach Ed Lamb said in a text message. “It cost us dearly. MSU had too many big plays for us to overcome. Particularly with the poor field position caused by a slow start on offense and poor punt coverage.”

Montana State hosts fellow Big Sky undefeated Idaho (2-0, 4-2) Oct. 12 at Bobcat Stadium. The Vandals, ranked 10th in FCS last week, beat No. 25 Northern Arizona 23-17 at home Saturday in Moscow.

UNC got on the scoreboard late in the third quarter on a 14-yard pass from running back Caden Meis to Carver Cheeks, a defensive back-turned wide receiver. Meis also has two rushing touchdowns this season.

Sophomore wide receiver Brayden Munroe scored on a 28-yard reception from Kia’i Keone with 2-minutes, 7 seconds left in third, and Hunter Green kicked a 29-yard field goal early in the fourth for the Bears.

Green punted seven times for 321 yards with a long of 60 yards and an average of 45.9 yards per punt.

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Munroe caught five passes for 84 yards. He is the Bears’ leading receiver this season with 20 catches for 267 yards.

Tight end Cash Cheeks, Carver’s brother, had four catches for 71 yards. Carver Cheeks finished with three catches for 46 yards.

UNC’s offense was statistically more productive than in any other game this season. The Bears’ 356 yards of total offense was four yards short of its season-best of 360 in the first game at University of Incarnate Word.

“We can build on some of the fight and effort displayed by the offense,” Lamb said.

Keone was 17 of 29 for 247 yards with a touchdown and an interception. In his first start at UNC, Keone’s 247 passing yards were the most by a Bears quarterback this season.

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A graduate student transfer from Pacific Palisades, Hawaii, Keone was the fifth starting quarterback for UNC this season because of injuries.

Peter Costelli, who was selected as the starter before the season, injured his knee late against Colorado State in the second game of the year.

The Bears then worked in Jonah Chong, Hank Gibbs and Kaiden Box as starters with Keone, though, seeing significant playing time through the first five games.

The Bears had 95 yards rushing, which was their second lowest total of the season. UNC rushed for 87 yards last week against Cal Poly.

UNC’s next game is Oct. 12 at Weber State. Weber State (2-0 Big Sky, 3-3 overall), beat defending conference champion Montana 55-48 in overtime Saturday in Missoula. Montana (1-1, 4-2) came into the game ranked eighth nationally last week.

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