Court requires Montana Governor, Secretary of State to permit Senate Bill 442 override vote

Helena – This afternoon, the Lewis and Clark County District Court issued 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. 

SB 442 will be transformative for Montanans by improving wildlife and landscapes while supporting veterans and rural communities,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. It’s poised to be the largest investment in Montana’s wildlife habitat in over four decades, and we’re eager to work with our partners in the legislature to make it law.”

In June, the Montana Wildlife Federation, Wild Montana, and the Montana Association of Counties sued Governor Gianforte and Secretary of State Jacobsen for preventing the Legislature from overriding the Governor’s veto of Senate Bill 442. The three organizations alleged that the Governor and the Secretary ignored the Montana Constitution when the Governor vetoed Senate Bill 442 and failed to communicate his veto to the Secretary, who in turn failed to poll the Legislature to override the veto.

Because of this, the Legislature had no opportunity to override the Governor’s veto despite the Montana Constitution guaranteeing it the authority to do so. 

The Secretary of State must now issue the veto override poll. Normally, the Secretary must issue the veto override poll within five days. Legislators then have 30 days to submit their responses.

“The governor has to play by the rules, just like everyone else,” said Noah Marion, Wild Montana Political and State Policy Director. “He can’t hijack the legislature’s authority, and the court’s decision makes it clear he has to respect 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”

Senate Bill 442 Rural county roads
Photo by Jeff Lukas during an Eco Flight over county roads in need of repair via funds from SB 442.

Senate Bill 442 garnered votes from 130 of 150 state legislators, easily surpassing the two-thirds threshold needed to trigger a veto override process. The bill’s provisions were 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.  

The legislature has the constitutional authority to check executive overreach – period,” said Jason Rittal, Montana Association of Counties Deputy Director. “With that clear, it’s time to pass SB 442 and invest in the infrastructure that agricultural producers, first responders, law enforcement, sportsmen, and all rural Montanans depend on.” 

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Jeff Lukas

Conservation Director

Jeff Lukas is a passionate conservationist who has been fishing and hunting his entire life. Whether it’s floating a small stream chasing trout, pursuing elk in the high country, or waiting in a blind for ducks to set their wings, Jeff is always trying to bring more people afield to show them what we are trying to protect. He loves being in the arena, and he will never shy away from conversations about the beautiful and unique corners of Big Sky country.