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February 17, 2023
The Montana Freedom Caucus, the nationally affiliated assemblage of hard-right state lawmakers that launched this session, announced a fifteenth public member in a press conference this week: Rep. Paul Fielder, R-Thompson Falls.
The caucus is, as chair Sen. Theresa Manzella, R-Hamilton, describes it, a “firewall for freedom” in Montana, a buttress against Democrats and RINOs alike. Its goals include medical freedom (though that should be taken to mean vaccine skepticism and not, say, gender-affirming health care for transgender minors), parental rights in education, election integrity and more. The caucus initially launched with 14 named members, with Manzella saying several unnamed members felt they could be more effective anonymously.
Fielder expressed to journalists that he has consistently felt a strong bond with the caucus and its objectives, stating that he effortlessly aligns with the group.
He used the press conference to discuss two pieces of his priority legislation. The first, House Bill 372, is a ballot referral that would replace the Montana Constitution’s harvest heritage language with an explicit right to hunt, fish and trap.
“He stated that this measure aims to safeguard our freedoms from gradual erosion. In different states, there are numerous ballot initiatives that propose restrictions such as allowing hunting without dogs, fishing without treble hooks, or trapping without foothold traps.”
The second bill he previewed, House Bill 464, would allow — though not require — judicial candidates to declare partisan affiliations while running for office, one of several GOP-backed bills this session that would reshape the state court system and its associated procedures.
Fielder, Chairman of the Sanders County Republican Central Committee, acknowledges that numerous individuals approach their committee expressing their inability to locate details about judicial candidates. He believes that this situation provides an opportunity for judicial candidates to openly define themselves, their affiliations, and share additional information with voters.
The Sanders County Republican Central Committee achieved a legal victory in 2013, permitting political parties to endorse judicial candidates. However, as per the Montana Judicial Code of Conduct, the candidates are prohibited from actively seeking or using these endorsements during their campaign. It remains uncertain how Fielder’s proposed legislation would align with this limitation.
Fielder said his bill has nothing to do with the recent state Supreme Court contest between Justice Ingrid Gustafson and Public Service Commission President Jim Brown. But partisan affiliation and endorsements were nonetheless a live issue in that race, as the major parties each lined up behind the candidates.
Fielder’s bill isn’t the only one with that circumstance in mind. Sen. Greg Hertz, R-Polson, who is a cosponsor of Fielder’s measure, carried a bill earlier this session that would allow candidates for all nonpartisan offices to declare a partisan affiliation. The bill was tabled in committee. Fielder said he hopes the narrower scope of his proposal can help get it passed.
On the other side of the aisle, Rep. Laurie Bishop, D-Livingston, has a bill that would prevent parties or partisan officials from endorsing judicial candidates. A legal noteattached to the bill flags possible First Amendment issues, citing, in part, the Sanders County lawsuit.
Bishop contended that the legal note’s assertion is further complicated by other relevant case law.
Bishop condemned the injection of partisanship into the judiciary by Republicans in a press release introducing her bill.
Bishop emphasized that the independence of the judiciary is crucial for the core of our democracy. He expressed concern that Republicans are not merely aiming to alter the rules but also seeking to introduce more partisanship and politicization into our elections. He stressed that Montanans strongly oppose any increase in partisan politics during elections.
—Arren Kimbel-Sannit
Washington Comes to Helena
Make sure you save the date: On Monday, February 20th, Montana’s federal delegation will be visiting Helena to give speeches to a joint session of the Legislature. The delegation consists of Republican representatives, Senator Steve Daines, U.S. House Representatives Ryan Zinke and Matt Rosendale, as well as Montana’s only statewide Democrat, Senator Jon Tester.
Bill Report
House Bill 428 and House Bill 429, a pair of Republican-sponsored measures to enhance protections for mobile home park tenants, were voted down by the House Judiciary Committee Wednesday. HB 428, which among other provisions would have required a two-year term for lot rental renewals, failed on a 6-13 party-line vote. HB 429, which would have required park owners to give tenants 60 days’ notice before a sale to make it easier to organize counter-offers to take their parks into co-op ownership, failed narrowly on a 9-10 vote. Both bills were strenuously opposed by landlords.
House Bill 408, sponsored by Rep. Sue Vinton, R-Billings, passed an initial vote in the House Thursday and advanced to the House Appropriations Committee. The bill would increase the aggregate cap on tax credits for donations to programs benefiting public schools and private school scholarships, and would restrict the total amount of donations an individual school can receive. Rep. Ed Stafman, D-Bozeman, attempted to amend the bill on the House floor to apply report card and standardized testing requirements to qualifying private schools, but was unsuccessful.
eye in the capitol
Union workers rally outside the Montana Capitol on Feb. 17 in opposition to House Bill 448, a bill that would establish right-to-work in the state.
Heard in the Halls
“In my hometown, which is Glendive, if you wanna know what Hitler looks like, just look at me, because they have equated me with Hitler, just so you know.”
—Rep. Bob Phalen, R-Lindsay, on the response from school officials in his district to Phalen’s House Bill 234, which would criminalize dissemination by public school employees of material deemed “obscene” by the state. He made the remarks during a press conference by the Montana Freedom Caucus on Feb. 16.
Background Reading
Montana Freedom Caucus launches with Rosendale as its north star: Check out this story on the launch of the Montana Freedom Caucus and its ties with the federal U.S. House Freedom Caucus. (MTFP)
Bill would shrink Montana Supreme Court from seven justices to five: Fielder’s bill is one of dozens this session that seek major changes to the judiciary. This story provides a roundup, with specific attention to a bill that would reduce the number of Montana Supreme Court associate justices. (MTFP)
The Montana Judicial Code of Conduct
