The Montana Association of Counties, one of the most powerful and influential groups of leaders in the state, is taking on the governor and secretary of state, saying they’re blocking a potential veto override of a key marijuana revenue bill of the 2023 legislature.
MACO is suing Gov. Greg Gianforte and Montana Secretary of State Christi Jacobsen, asking Lewis and Clark District County Judge Kathy Seeley for an order to allow the legislature to vote on a veto override of Senate Bill 442, proposed by Sen. Mike Lang, R-Malta. Or, failing that, the lawsuit asks for Seeley to declare Senate Bill 442 part of Montana law because the Governor’s Office failed to follow proper veto procedures.
The inner politicking of the bill pits Republicans against each other and focuses on the last minutes of the 2023 legislature. On May 1, 130 of 150 lawmakers passed Senate Bill 442, which rejiggered how tax proceeds from recreational marijuana would be spent. It changed the allocation structure, most notably opening up a funding mechanism for county road improvements from the tax proceeds.
However, the next day, the Senate adjourned, while the House continued. At some point during the day, Gianforte vetoed the measure.
At the heart of this controversy is whether the legislature was in session, given the chambers adjourned at different times. The veto process is different before and after the legislature adjourns.
The lawsuit, filed on Wednesday in district court, warns that future…
