FOR IMMEDIATE RELEASE
March 1, 2023

District Court rules partisan gerrymandering is likely unconstitutional

(HELENA, Mont.)  – On Feb. 29, 2024, a Lewis and Clark County district judge held that the current Public Service Commission (PSC) district map likely is an illegal partisan gerrymander. While the map remains in place for now, the court will expedite the case schedule and rule on its constitutionality before the 2025 legislative session.

In October 2023, the nonprofit organization Montana Conservation Voters (MCV) and a group of individual Montanans challenged the PSC district map, which was drawn to ensure Republican control of all five PSC commissioner seats.  The plaintiffs are asking the court to declare the PSC map unconstitutional. In yesterday’s ruling, the court declined to replace the map before the 2024 elections but rejected the State’s arguments that partisan gerrymanders are unreviewable under the Montana Constitution.

“This is a major long-term victory for Montanans and for conservation,” said Whitney Tawney, executive director of Montana Conservation Voters.  “We need fair and competitive elections for PSC seats, not predetermined outcomes where candidates don’t have to listen to voters.”

The court cited the analysis of expert witness Stephanie Somersille, who found it “extremely unlikely” that the PSC map was drawn for reasons other than partisan advantage. The court reasoned that gerrymandering amounts to discrimination based on political ideas — which the Montana Constitution expressly prohibits.

“Voters should choose their representatives, not the Montana Legislature,” said Constance Van Kley, attorney for the plaintiffs. “Today’s ruling helps ensure that reality.”

Montana nonprofit law firm Upper Seven Law represents the plaintiffs.  A copy of the opinion accompanies this release.

About the Plaintiffs

Montana Conservation Voters is a nonpartisan, nonprofit organization dedicated to protecting Montana’s climate, communities, and future generations by supporting leaders who fight for conservation and by holding accountable leaders who do not.

Individual Plaintiff Voters:

• Joseph Lafromboise, a member of the Chippewa Cree Tribe of Rocky Boy and PSC District 1 voter;
• Nancy Hamilton, a Valley County resident and District 1 voter;
• Simon Harris, a Yellowstone County resident and District 1 voter;
• Donald Seifert, a Gallatin County resident and District 2 voter;
• Daniel Hogan, a Butte-Silver Bow County and District 3 voter;
• George Stark, a Missoula County resident and District 4 voter;
• Lukas Illion, a Lewis & Clark County resident and District 5 voter; and
• Bob Brown, a Flathead County resident, District 5 voter, and former legislator, Montana Secretary of State, and gubernatorial   candidate.

About Upper Seven Law

Upper Seven Law is a Montana-based nonprofit law firm dedicated to holding the powerful accountable. Based on the belief that creativity and innovation in law are essential to advancing social justice and public interest objectives, Upper Seven takes smart risks and invests the time necessary to build foundations for long-term accountability work.