Article Summary –
Montana Secretary of State Christi Jacobsen sent a poll, as ordered by a state district court, asking lawmakers whether they want to override Governor Greg Gianforte’s veto of Senate Bill 442, a marijuana tax reallocation measure. The bill, which initially passed the Legislature with broad bipartisan support, would distribute tax revenues from the state’s marijuana program between conservation, veterans’ services, and local infrastructure projects. The poll was issued despite legal objections from Jacobsen and Gianforte, as well as lawmakers who argue the court is improperly compelling a veto override in contravention of legislative rules.
Montana State Court Orders Poll for Marijuana Tax Override
After complying with a Montana district court order, the state’s Secretary of State, Christi Jacobsen, sent out a poll that might offer lawmakers the chance to override Gov. Greg Gianforte’s veto on a marijuana tax redistribution bill. This is a critical development in an ongoing dispute about veto procedures and power separation, lasting for nearly a year.
Lawmakers have a month to respond to the mail poll, questioning if they want to override Gianforte’s veto of Senate Bill 442. The bill, which passed with substantial bipartisan support during the 2023 session, proposed to distribute tax income from the state’s marijuana program among conservation, veterans’ services, and local infrastructure projects.
The poll issuance sparked controversy as it was met with legal objections from both Jacobsen and Gianforte, as well as public statements from certain lawmakers arguing that the court is improperly pushing a veto override in violation of legislative rules.
In a letter addressed to lawmakers on Tuesday afternoon, Jacobsen described the issuance of the poll as “unprecedented” and questioned the court’s order, despite pledging to comply with it.
Meanwhile, opponents of the bill await the outcome of a continuing legal battle concerning the timing of Gianforte’s veto and the propriety of the district court’s intervention. If resolved in their favor, the court might potentially invalidate an otherwise successful override poll.
“SB 442 united Montana at a time when division is the norm in politics. I hope my colleagues will join me in casting their vote to overturn the Governor’s veto and support this excellent bill,” expressed Sen. Mike Lang, the sponsor of the bill, in a recent op-ed.
Despite Gianforte’s opposition to the bill – and his veto issued on the last day of the 2023 Legislature, shortly before the Senate adjournment – SB 442 passed almost unanimously in the Legislature.
Generally, lawmakers can override a veto in two ways: by convening in a regular session or assembling themselves in a special session for a two-thirds vote, or by mail poll if at least two-thirds of the members of each chamber favor doing so. However, the timing of the Senate’s adjournment meant that the veto was never read across the rostrum in that chamber, and the House remained in session for several more hours. Gianforte argued that the Legislature as a whole was still in session and, therefore, initiating a by-mail override would be inappropriate.
The Montana Supreme Court recently summarized the underlying litigation issue: “The litigation concerns the ambiguity of [the Montana Constitution] regarding the procedure to be followed when the Governor vetoes a bill while the Legislature is still in session but adjourns before it learns of a veto.”
In response to the court order, Gianforte sent a veto message to Jacobsen on Monday to comply with the court order, even though he claimed that the executive branch should not be sending it as they don’t possess the bill.
The poll’s issuance on Tuesday is the result of timing mechanisms in both the litigation and Montana’s veto laws, and whether lawmakers still have the political will to override SB 442’s veto remains uncertain.
Senate President Jason Ellsworth — who supported the bill during its final Senate vote — wrote letters to the governor, secretary of state, and Montana Supreme Court criticizing the court rulings as unconstitutional.
“We believe the judicial branch has issued an order which not only violates the principles of the separation of powers, but our own legislative rules as well. We do not believe the Executive Branch has the authority to conduct an action on a bill that is in the Legislature’s possession,” Ellsworth wrote in his letters.
He further suggested in his letter that the lawmakers should convene in special session and vote on the override.
—
Read More Montana News
