FOR IMMEDIATE RELEASE

May 8, 2023

Montanans Show Strong Support for SB 442 Poll Override

In the last 72 hours, over 2,500 Montanans have signed a petition organized by Montana conservation groups supporting Sen. Mike Lang’s (R-Malta) request for the secretary of state to poll legislators regarding the governor’s recent veto of Senate Bill 442.

The petition was delivered to Secretary of State Christi Jacobsen Monday afternoon. 

On May 2, Governor Greg Gianforte vetoed SB 442, a bill to create a long-term funding source for wildlife habitat conservation and public and private land conservation, rural county roads, veterans’ programs, and the behavioral health and addiction services provided by the HEART fund.

By law, a veto-override poll is conducted by the secretary of state when a bill is vetoed after the Legislature adjourns and if, on the bill’s final votes, at least two-thirds of the legislature supported it. Prior to the veto, SB 442 passed the Senate 48-1 and the House 82-17.

Veto Process Raises Constitutional Questions

The petition’s organizers and signers contend the process by which the governor vetoed SB 442 failed to respect the Legislature’s constitutional authority to override executive vetoes if it so chooses. 

“Although the Governor signed a veto memo on May 2,” the letter reads in part, “the Senate was not made aware of the veto before the Senate officially ended the chamber’s legislative session. This does not satisfy the governor’s constitutional mandate to ensure the legislature ‘receives’ the veto. We respectfully ask [the secretary of state] to reject any arguments that would effectively deny or diminish the Legislature’s constitutionally based authority to override vetoes.”

Petition signers and organizers are worried that the veto process threatens the legislature’s right to act as a check on the executive branch.  

“It’s important that the Secretary of State acts decisively to protect the constitutional rights of the Legislature and the people of Montana,” said Wild Montana State Policy Director Noah Marion. “If this is allowed to stand, we’ll be making it clear to governors that they can manipulate the rules to take away the legislature’s ability to override a veto. That’s not how our democracy works.”

SB 442 is Bipartisan, Popular

Other groups seconded these constitutional concerns while pointing to the historic popularity of SB 442, specifically regarding its wide-ranging investments in wildlife habitat on public and private lands.

“Public land, wildlife habitat, access — they’re what makes Montana Montana,” said Frank Szollosi, executive director of the Montana Wildlife Federation. “Hunters, anglers and everyone who spends time outdoors in our great state all expect a fair shake, and the governor’s veto while the Senate was not in session feels like an attempt to manipulate the process. Send the poll.”

The bill was supported by over 130 legislators and a bipartisan coalition of over 100 organizations including counties, conservation, energy and utility industries, timber companies, agriculture, veterans, healthcare, labor unions, and hunting and angling organizations. 

“With over 85% of legislators on board, SB 442 has the support it needs to become law despite Governor Gianforte’s refusal to listen to Montanans,” says Whitney Tawney, executive director of Montana Conservation Voters. “The people of Montana deserve to be heard, and our legislators must be allowed to vote on the Governor’s cowardly veto.”

“This bill has the backing of our nearly 3000 members, the bipartisan support of over 85% of our Montana legislators, and is good for all Montanans,” added Jake Schwaller, eastern conservation leader at the Montana Chapter of Backcountry Hunters & Anglers. “Supporting wildlife habitat conservation, state parks, county roads, and local Montana businesses is a win for all of us. Our Montana Chapter joins the thousands of voices in this petition and asks the Secretary of State to follow her constitutional mandate.” 

The petition was organized by Wild Montana, Montana Conservation Voters, the Montana Chapter of Backcountry Hunters & Anglers, Montana Wildlife Federation, and Mountain Mamas. The full letter to the secretary of state and list of signatures is attached.