![]() “As time passes, uncertainty around the status of a bill from the previous session becomes increasingly problematic,” the order said. This week, the judge said the public interest lies in quick action, especially as legislative candidates and advocacy groups such as the plaintiffs prepare for the 2025 session. The plaintiffs in the case challenged the governor’s contention that the full legislature was still “in session” when the veto was made, arguing rather it was not a proper “in session” veto because the veto message was never read over the Senate rostrum. Black, sued the governor and Secretary of State to force a chance at an override. Plaintiffs Wild Montana, the Montana Wildlife Federation - represented by Upper Seven Law - and Montana Association of Counties, represented by Helena attorney Michael G. If both chambers are still in session when the governor vetoes a bill and it is read over the rostrum of its original chamber, lawmakers can override a bill with two-thirds support of both chambers. If the veto happens while the legislature is out of session, the Secretary of State sends a mail override poll to lawmakers. The governor said he vetoed the bill shortly before the Senate adjourned but before the House did, and contended that the full legislature was still in session when he handed down the veto, and that it should not go to a poll override. The matter landed in court because the legislature never had the opportunity to override the veto of the bill - a popular piece of legislation supported by lawmakers from both parties, the Montana Association of Counties, Montana Wildlife Federation and Wild Montana - during the session. “There should be no instance in which a governor’s veto may stand by default because the legislature did not have an opportunity to override it.” ![]() “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.” “Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” the order said. ![]() The governor in February asked the judge to block his own order while he appeals to the Supreme Court, but Menahan this week said time is running short before the 2025 session and the legislature must have the chance to override a veto or the “crucial balance of power” between the legislative and executive branches of government will be upset and the lawmaking process “incomplete.” In the 2023 session, 130 of 150 legislators voted in support of the bill, sponsored by Sen. Menahan in January ordered Gianforte to transmit his veto of the bill to the Secretary of State so lawmakers could be polled on whether they want to override the bill, which redistributed marijuana funds to county roads and a new Habitat Legacy fund in what proponents said was a resounding bipartisan victory. ![]() Lewis and Clark District Court Judge Mike Menahan also said Gianforte and the Secretary of State have “interrupted the political process in an impermissible way” by blocking any chance for lawmakers to override the veto of Senate Bill 442, which the governor issued just as the Senate adjourned on the final day of the 2023 legislative session, but without the body knowing. Greg Gianforte’s veto of a 2023 bill that redistributed marijuana funds, a judge said Tuesday in response to the governor’s request to stop the court’s earlier order. The Montana Legislature needs an opportunity - “without further delay” - to override Gov.
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