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February 14, 2023
The House State Administration Committee Tuesday heard House Bill 412, a bill sponsored by Rep. David Bedey, R-Hamilton, that expands the prohibition on the use of public time or resources — including state letterhead — to solicit support for a political campaign to legislators and judges. Currently, state law on such campaigning only singles out a “public officer or public employee.”
Bedey testified that he struggles to read statutes and comprehend the exemption of certain government officials, emphasizing that all individuals in public office, regardless of their path to power, should be held to a high standard.
Legislators who violate the bill would be directed to the House or Senate ethics committees, while judges who commit infractions would be overseen by the Judicial Standards Commission. The Commissioner of Political Practices would handle other violations, with the authority to refer cases to local county attorneys.
Bedey, asked by Rep. Mike Yakawich, R-Billings, to cite his justification for the bill, pointed to instances in which lawmakers have used letterhead to advocate for a specific candidate or a bond issue. He did not refer to any legislators by name.
Bedey stated that he had been informed that while legislators could perform such actions, if it had been a county commissioner involved, they would face consequences.
Last year, Sen. Theresa Manzella, R-Hamilton, wrote donors of a candidate she opposed in a Ravalli County legislative primary, now-Rep. Wayne Rusk, R-Corvallis, on her Senate letterhead explaining her support for Rusk’s opponent, Alan Lackey. Her letter generated an exchange in newspaper letter-to-the-editor pages in which former Republican lawmaker Ed Greef accused her of ethical impropriety.
Manzella, in her own letter, wrote,“if I want to use my stationery and postage to write a personal letter expressing my support, that too, is my choice.”
In response to Manzella’s letter, Greef expressed gratitude, stating that it is fortunate that the ethics statute does not apply to legislators. However, Greef also emphasized the need to address this loophole and take necessary actions to rectify the situation.
Rep. Bob Phalen, R-Lindsay, asked Bedey Tuesday if his bill pondered the usage of polling on specific pieces of legislation by the Montana Judges Association, a flashpoint in a broader conflict last session between Republican lawmakers and the judiciary. Bedey said he didn’t feel his bill addresses that issue, and that to the extent that behavior was questionable, it should be examined by the Judicial Standards Commission.
Bedey clarified that the focus of this is not on the judiciary or the Legislature. Instead, it pertains to all public officials, emphasizing the importance of holding everyone to the same standard.
—Arren Kimbel-Sannit
Gallus Confirmed
Senate Resolution 49, sponsored by Sen. Mike Cuffe, R-Eureka, passed the Senate on a 47-3 vote Tuesday. The passage of the resolution confirms the appointment of Chris Gallus, Gov. Greg Gianforte’s pick to lead the Montana Commissioner of Political Practices’ office, which enforces state campaign finance law and investigates related complaints.
Jeff Mangan has been replaced by Gallus, a seasoned attorney and lobbyist with a longstanding history of representing the Montana Chamber of Commerce and various conservative-aligned causes. It is worth noting that some of these causes have previously presented themselves before the commissioner’s office.
Gallus received praise from Cuffe for his ability to handle questions regarding COPP complaints from his previous clients in the Senate State Administration Committee last week. Gallus has assured that he will abstain from involvement whenever it is necessary.
Cuffe expressed admiration for Chris Gallus, stating, “I must say, Chris Gallus confidently addressed those questions in a manner that exceeded my expectations.”
Three lawmakers, all Democrats, voted against Gallus’ confirmation: Sens. Willis Curdy of Missoula, Jen Gross of Billings and Susan Webber of Browning. Gallus after the hearing expressed gratitude for the chamber’s vote of confidence, though he jokingly bemoaned the fact that he had received three times the opposition as his predecessor — Mangan only received one no vote, then-Sen. Jennifer Fielder, R-Thompson Falls.
Gallus stated after the vote that even though he had spoken to one of those individuals, they still expressed their inability to support the recusal issue. He acknowledged that such situations are bound to occur and accepted it without any concern.
He expressed his anticipation of fulfilling his duties in the commissioner’s office by applying the facts to the laws established by the Legislature and reaching decisions accordingly, as that is his assigned responsibility.
—Arren Kimbel-Sannit
Bill Report
Senate Bill 117, sponsored by Sen. Shelley Vance, R-Belgrade, passed its first vote on the Senate floor Tuesday along party lines, 34-16. The bill prohibits state and county election officials from using private funding or services to conduct elections. The Senate also approved an amendment stipulating that the ban does not extend to money or physical space provided by tribal nations for election purposes.
House Bill 16 and House Bill 37, sponsored by Rep. Jennifer Carlson, R-Manhattan, both passed third reading on the House Floor Tuesday after surviving scrutiny from the House Appropriations Committee last week. The bills are two pieces of a broader Republican-led push to reform Montana’s child welfare system. HB 16 schedules initial hearings within five business days of a child’s removal and would require statewide pre-hearing conferences starting this summer. HB 37 would require judicial warrants for a removal except in certain emergency situations and provide counsel for children in abuse and neglect cases. The bills will now be transmitted to the Senate.
eye in the capitol
Credit: Arren Kimbel-Sannit / MTFP
Sens. Ellie Boldman, D-Missoula, and John Fuller, R-Kalispell, co-lead the Senate in prayer on Feb. 14. Last week, the two came to verbal blows on the Senate floor during debate on Fuller’s Senate Bill 99, which would ban gender-affirming care for transgender minors in the state. Boldman, in criticizing Fuller’s bill last week, also accused him of voting against a previous resolution recognizing the Indian boarding school experience. Fuller, though, had voted for the resolution, and rose in anger, aiming his finger at Boldman across the chamber. The invocation Tuesday began: “God, people are often unreasonable and self-centered. Help us forgive them anyway. If we are kind, people may accuse us of ulterior motives. God, help us to be kind anyway.”
—Arren Kimbel-Sannit
Possible Redistricting Lawsuit
Montana Republican Party chair Don Kaltschmidt wrote in a statement to Capitolized Tuesday that the state GOP ”will be seriously exploring legal action” related to the Districting and Apportionment Commission’s finalization of new state House and Senate districts this weekend.
Republicans in the state, including the GOP’s two representatives on the redistricting commission, have continuously voiced their disapproval of the new maps. They claim that Democratic commissioners have unreasonably placed political objectives above fundamental criteria outlined in the state Constitution, such as compactness and contiguity. On the other hand, Democrats have advocated for a map that reflects the proportion of votes each party received in the state, aiming to align the composition of the Legislature accordingly.
In a typical electoral scenario, the House map that was approved over the weekend would result in 60 seats leaning towards the Republican party, with the remaining 40 leaning towards the Democratic party. The Senate map would also divide the chamber in a similar proportion. Presently, the Republican party holds supermajorities in both chambers, accounting for two-thirds of the seats.
Kaltschmidt expressed his dissatisfaction with the actions of the Democrat Commission members and Chairwoman [Maylinn] Smith, stating that they have failed the people of Montana by accepting a legislative district map that does not accurately reflect our communities. He believes that their prioritization of partisan advantages over constitutionally mandated guidelines has silenced the voices of numerous Montanans solely because of their perspectives and convictions.
Commissioners Kendra Miller and Denise Juneau, who belong to the Democratic party, assert that their map adheres to the constitution and accurately reflects the political beliefs of Montanans. They argue that Republicans are solely interested in safeguarding their advantages in the Legislature.
“This weekend, Miller expressed on Twitter that the purpose of redistricting is to ensure equitable representation. He emphasized that districts do not merely consist of shapes on a map, but rather symbolize the people they represent. Miller firmly believes that every resident of Montana deserves to have their voice heard in the state government, which is why impartial maps are crucial. The significance of fair representation cannot be underestimated.”
—Arren Kimbel-Sannit
Heard in the Halls
“Finally, I would like to thank my opponents for showing up today. I’ve had three bills before this one and I never had a single opponent. I was beginning to wonder, ‘What’s wrong with John,’ because when I was a lobbyist for the power company, I always had 40 opponents.”
—Rep. John Fitzpatrick, R-Anaconda, giving closing remarks on House Bill 435, a measure that would allow the owner of an exempt well water right to demonstrate beneficial use of that water right prior to full build-out of a subdivision. Fitzpatrick formerly worked for NorthWestern Energy, Montana’s largest electric utility.
Background Reading
Explaining the why and the where of Montana’s new legislative districts: Explore Montana’s new House and Senate maps and the process that birthed them here. (MTFP)
Confirmation process for new Commissioner of Political Practices underway: For more on Chris Gallus’ background and confirmation process, check out this previous Capitolized item. (MTFP)
