On June 7, we filed a lawsuit to compel Gov. Greg Gianforte and Sec. of State Christi Jacobsen to comply with their obligations under the Montana Constitution and allow the Montana Legislature the opportunity to override the governor’s veto of Senate Bill 442.
Taking legal action is not something we often do, and it’s not a decision we made lightly. Unfortunately, it became necessary when the governor took the extraordinary step of circumventing the legislature’s constitutional authority, jeopardizing the integrity of our state government.
On May 1, the legislature passed SB 442 - an overwhelmingly bipartisan measure investing recreational marijuana tax revenues in conservation and recreation programs, local infrastructure projects, behavioral health programs, and veterans’ services. Of 150 legislators, 130 voted to pass SB 442. The next day, the governor vetoed the bill, but the senate adjourned before the veto was communicated to the full senate, preventing legislators from being able to vote on overriding the veto while in session.
The constitution enshrines the legislature’s authority to override the veto of any bill passed with a two-thirds majority. Normally, if a veto occurs after the legislature adjourns, the governor returns the vetoed bill with his reasons for veto to the secretary of state, triggering a vote-by-mail override process. When the governor failed to take that step with SB 442, we called on him to uphold the Montana Constitution and return the bill to the secretary.
The governor refused, leading to our filing.
While we wait on the courts to act on Senate Bill 442, we have work to do to clear the runway for the bill’s successful implementation.
The most impactful thing we can do right now is encourage our lawmakers to override Gov. Gianforte’s veto of House Bill 868. It’s a bit complex, but HB 868 is a companion bill that authorizes what are called “appropriations” for SB 442. Think of the two bills as a package deal - language in HB 868 will make sure that SB 442 has the money to do what it promises: conserve wildlife habitat, enhance public access, support working lands, boost veterans’ programs, and bolster mental health care.
Tell Lawmakers to Override Gianforte's Veto of House Bill 868: p2a.co/o19MFX3...
27 авг 2024