MT Supreme Court denies Gianforte’s request for stay of District Court order
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News from the Montana Wildlife Federation
HELENA — Today, the Montana Supreme Court denied Governor Greg Gianforte’s request to stay a District Court order requiring that the Legislature be given an opportunity to vote on whether to override the Governor’s veto of SB 442.
Earlier in the week, the Governor appealed a Lewis and Clark County District Court order denying a stay. In a 6-0 decision, the Montana Supreme Court reaffirmed the District Court’s order, which requires the Governor and Secretary to issue the override poll to legislators no later than Tuesday, March 19.
The Montana Association of Counties, Wild Montana, and the Montana Wildlife Federation filed suit against the Governor and Secretary for failing to abide by their constitutional duties to allow the Legislature to exercise its constitutional override authority. They were successful before the District Court, and today’s order from the Montana Supreme Court ensures that the District Court’s order will take effect.
SB 442 is an incredibly popular bipartisan bill from the 2023 legislative session that would direct the State’s marijuana tax revenue to help counties across Montana fund the construction and repair of rural roads, increase funding for wildlife habitat and public access projects, increase assistance for Montana veterans, and support addiction and mental health services. The bill passed with support from 130 of 150 lawmakers. The Governor vetoed the bill, but the Legislature did not receive the veto in time to consider an override during the legislative session. In the immediate aftermath and throughout the litigation, the Governor and Secretary refused to take the steps necessary to put the bill in front of the legislature for override consideration.
The plaintiff and petitioners issued the following statements regarding Friday’s court ruling:
Noah Marion, Wild Montana political and state policy director:
“We are thankful to the Montana Supreme Court for upholding the constitution and requiring the Governor and Sec. of State to issue the override poll with haste. We look forward to helping Sen. 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, hunters, and anglers.”
Eric Bryson, Montana Association of Counties executive director:
“Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process. We appreciate and commend the Supreme Court for promptly addressing this matter.”
Frank Szollosi, Montana Wildlife Federation executive director:
“Montana hunters and anglers thank the Supreme Court and look forward to sustaining bipartisan support among legislators for the new conservation dollars available to landowners and counties with the passage of Senate Bill 442.”
Eric Bryson, Montana Association of Counties executive director:
Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process. We appreciate and commend the Supreme Court for promptly addressing this matter.
Noah Marion, Wild Montana political and state policy director:
“We are thankful to the Montana Supreme Court for upholding the constitution and requiring the Governor and Sec. of State to issue the override poll with haste. We look forward to helping Sen. 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, hunters, and anglers.”
