The MTGOP Is Coming After Every Non-Partisan Check on Their Power

FOR IMMEDIATE RELEASE
Wednesday, December 7th, 2022

CONTACT
hadley@montanademocrats.org

Joint House & Senate Republicans Vote To Disregard Judicial Decisions

Helena, MT – At Tuesday’s Joint House and Senate Rules Committee Meeting, Republicans took a vote to effectively say that judicial decisions aren't part of the body of things that govern how the legislature works. With Amendment 11, Senator Keith Regier moved to strike “judicial decisions on the constitution" from the sources and precedent of legislative rules of the Montana Legislature.

As Senator Ellie Boldman responded, this makes little sense from a legal perspective: “I find this to be the equivalent of something my son, who is now in third grade, did when he was younger, when we were playing hide and seek. What he did was close his eyes and put his hands over his ears.. ‘Mom no one can see me.’ This is the legislative equivalent of what we’re doing right now… The legislative branch is just going to cover our ears and close our eyes and just pretend that there’s not an entire co-equal branch of the government who interprets the constitution.”

“This vote signals that the Montana Republicans have no regard for our Constitution or the body that Montana voters have elected to interpret it. This cavalier disregard of a co-equal branch of government is dangerous and ego-driven,” says Sheila Hogan, executive director of the Montana Democratic Party. “Montana taxpayers were on the hook for millions to pay private lawyers to defend the Republicans’ unconstitutional laws in court. Instead of saving us all money and stopping themselves from passing unconstitutional bills, the Republicans have now decided to cover their ears, close their eyes, and ignore our courts. Who knows how much in lawyers’ fees the taxpayers will be on the hook for after this session?”

As the period for Unlimited Bill Drafts has now come to an end, the Montana Republicans’ bill drafts lay out a stark picture: it’s crystal clear that the Republicans will try to dismantle every non-partisan, independent check to their power.

Judiciary:
There are, by our last count, 86 bills relating to the judiciary – a co-equal branch of government. Some drafts go as far as to propose a “Constitutional amendment to change process to select supreme court justices [sic],” from Bill Mercer. Countless bill drafts seek to undermine the independence of the judiciary, and one, explicitly, to fully destroy the independence of the judiciary, by none other than Greg Hertz: “Revise use of party affiliation for nonpartisan races.” His stated intent is to let candidates in non-partisan races use party affiliation in their campaign and on the ballot.

Commissioner of Political Practices (COPP):
They’re coming after the COPP, which was set up to stem the tide of money in our elections and voters know who exactly is funding their elected officials’ campaigns.

• “Eliminate the commissioner of political practices” - Mark Noland

• “Eliminate commissioner of political practices” - Matt Regier

• “Create appeal process for decisions of the Commissioner of Political Practices” - Jedediah Hinkle

• Seven requests for “Generally revise laws related to the commissioner on political practices” from Caleb Hinkle

• “Revise laws related to commissioner of political practices” - Theresa Manzella

Independent Redistricting:
The Republicans have requested at least 6 Constitutional amendments to change and likely weaken the independent redistricting process. Steve Fitzpatrick has two bill requests to “Revise Montana Constitution on districting and apportionment commission.” Jedediah Hinkle wants a “Constitutional referendum on legislative redistricting” so much he requested it twice. Caleb Hinkle also requested a “Constitutional amendment related to redistricting.” Mike Hopkins requested one as well.

“Right to Know” what’s going on in the government:
Bill Mercer is interested in chipping away at our constitutional ‘Right to Know,’ which ensures that Montana’s government is transparent and accessible to Montanans. Mercer requested a bill to “create reporting requirements for right to know requests” and to “revise laws related to responses to right to know requests.”

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