We Sued the Governor and We Won

In June, we sued Governor Greg Gianforte for violating the Montana Constitution.

On January 16, we won.

The Lewis and Clark County District Court agreed with us, issuing a ruling requiring Governor Greg Gianforte to take the appropriate steps to allow the Montana Legislature to vote on overriding his veto of Senate Bill 442.

Now, once again, there’s a path for this historic conservation funding bill to become law.

Senate Bill 442 will restore $30 million to Habitat Montana, the state’s premier habitat conservation program. It will provide millions more for weed management, water conservation, and private land conservation. It will also support initiatives like veterans’ services, county road maintenance, and substance abuse treatment.

We’ll be working hard to ensure that SB 442 passes – again – and that Montana’s public lands receive the investment they deserve. You can support that effort by making a donation today.

Last spring, we celebrated when 130 bipartisan legislators came together to pass SB 442. The bill drew support from across the state, with provisions aimed at addressing several areas of public concern: it allocated crucial funding for county road maintenance, habitat conservation and public access initiatives, support for veterans and widowed spouses, and substance abuse treatment.

That celebration was cut short when the governor vetoed the bill. However, he cynically timed his veto to exploit a loophole and prevent the legislature from having a chance to override his veto, as is guaranteed by the Montana Constitution for any bill passed by a two-thirds majority.

We, along with Montana Wildlife Federation and the Montana Association of Counties, sued Governor Gianforte and Secretary of State Jacobsen for preventing the Legislature from having the chance to override the Governor’s veto of SB 442. We alleged that the Governor and the Secretary ignored the Montana Constitution when the Governor vetoed SB 442 and failed to communicate his veto to the Secretary, who in turn failed to poll the Legislature to override the veto.

The court’s decision closes that loophole and affirms that the governor has to play by the rules, just like everyone else. He can’t hijack the legislature’s authority nor can he run roughshod over the constitution. Now the legislature can do what it voted for months ago: pass SB 442 and invest $30 million in habitat conservation and public access.

While the governor may choose to appeal the court’s decision, it’s usual that the Secretary issues the veto override poll within five days of receiving the veto letter. Legislators then have 30 days to submit their responses. That’s where you come in.

Once the override process begins, we’ll let you know how you can encourage your legislators to vote for Senate Bill 442 and Montana’s public lands. The easiest way to stay up to date is to join our Action Team to get text messages when there’s breaking news or chances to contact your legislators. Remember, two-thirds of the Montana Legislature will need to vote to override the governor’s veto, and all of us have a role to play in that effort.

Thank you, and here’s to a thriving future for Montana’s public lands.