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May 29, 2025
Rep. Sherry Essmann, R-Billings, was unaware of a Missouri group targeting her opposition to a proposed amendment to Montana’s Constitution. The amendment, discussed during the legislative session that ended in April, sought to change the word “any” to “only” regarding who can vote in Montana. The state Constitution currently allows “any citizen of the United States 18 years or older” fulfilling legal requirements to vote unless legally restricted.
Essmann opposed the bill, reasoning that the Constitution already stipulates voting is exclusive to U.S. citizens. She expressed caution over altering fundamental laws, having voted against multiple constitutional amendments during 2025’s legislative session. Senate Bill 185, which proposed the amendment, was deemed by Essmann as not justifying the expense of a voter referendum. A two-thirds legislative majority is required to refer constitutional changes to voters.
Proponents, led by Sen. Theresa Manzella, R-Hamilton, argued that changing “any” to “only” was crucial. Manzella cited a Dodson election incident where non-citizens voted, presenting it as evidence for the necessity of amending the Constitution.
Americans for Citizen Voting, the group opposing Essmann with Facebook ads, argue that eight states have already approved a similar amendment. National field director Jack Tomczak highlighted the change’s importance for safeguarding elections.
Montana Free Press reports that the current law effectively barred non-citizen votes, as evidenced when two Philippine nationals, on work visas, were charged after casting unauthorized ballots in Dodson. The allegation that Essmann was the sole Republican against “citizen only voting” is misleading, as Democratic opposition also prevented SB 185 from achieving the necessary majority.
Essmann explained in a letter that while election security concerns are valid, existing state laws already restrict voting to eligible citizens.
Time to pony up
In a Supreme Court decision dated May 29, Montana’s governor must cover legal fees for the Montana Environmental Information Center and Earthworks. These groups won a case demanding access to communications between the executive branch and Hecla Mining, a company with a controversial past in the state. Despite a “bad actor” label on Hecla’s CEO for prior environmental negligence, the state requested to dismiss its lawsuit against Hecla, enabling future project evaluations.
A district court ordered Governor Gianforte to release records, although he cited executive privilege. The debate over such privilege remains pertinent as Gianforte recently vetoed a bill that sought to limit this confidentiality.
The court, siding with MEIC and Earthworks, stated that refusing record disclosure violated the Montana Constitution’s public “right-to-know” provision. The Supreme Court emphasized that denying attorney fee recovery would deter public litigation for transparency, calling it a service that should be compensated.
Bonnie Gestring of Earthworks lauded the ruling as a triumph for transparency, arguing that the public’s right to access government documents is void if citizens bear litigation costs when the government fails to comply.
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