Christi Jacobsen’s Voter-Suppression Tactics Foiled Again by Montana Supreme Court

Montana becomes eighth state with ballot measure seeking to protect abortion rights

Once again, Montana’s Republican Secretary of State, Christi Jacobsen, has been caught with her thumb on the scale of justice by the Montana Supreme Court. This time her voter-suppression tactic involved cynically attempting to invalidate the signatures of some Montana registered voters who signed petitions to put the abortion rights and two election reform voters’ initiatives on the ballot in the November 5, 2024, general election.

Jacobsen’s Democratic challenger, Jesse James Mullen, described the situation well: “Invalidating legitimate Montana signatures for purely political reasons is an absolute abuse of her office and the trust Montanans place in our elected officials. . . I fear her efforts may further damage the public trust and result in purging more legal Montana voters in the lead-up to our general election.”

Thanks to the legal advocacy of Raph Graybill, an attorney for Montanans Securing Reproductive Rights (MSRR) and the Lt. Governor running mate of the Democratic candidate for governor, Ryan Busse, a Montana District Court found that Jacobsen’s abrupt and unlawful changing of initiative rules violates Montanans’ right to propose constitutional amendments by initiative.  When Jacobsen and Montana Attorney General Austin Knudsen asked the Montana Supreme Court to throw out the district court’s order that restored the way signatures are counted for the three constitutional ballot initiatives to the way signatures had been counted for decades, they got an answer that once again revealed the ramapant corruption in the Gianforte adminstration.

The Montana Supreme Court unanimously said Secretary of State Christi Jacobsen had not proven that District Court Judge Mike Menahan erred when he told her office to count the signatures of “inactive” voters toward the minimum threshold for placing initiatives on the ballot — as has been practice.

The Montana Supreme Court unanimously ruled that “[Montana code] provides that the Secretary bears the responsibility to obtain and maintain uniformity in the application, operation and interpretation of election laws. . . Jacobsen’s decision to change the Secretary’s longstanding practice to count the signatures of inactive voters — and to do so without notice to county election administrators after they had commenced petition processing — failed to maintain uniformity in the application, operation and interpretation of the election laws in this instance.”

Since Greg Gianforte became governor, Raph Graybill has blocked 14 different unconstitutional laws that invade Montanans’ Constitutional rights. With the above rulings, Raph Graybill is undefeated against Greg  Gianforte in blocking the Governor’s (and now Jacobsen’s and Austin Knudsen’s) unconstitutional attempts at abortion bans.

To mix metaphors just a little, all Montanans will have a chance to fire Christi Jacobsen, Austin Knudsen, and Greg Gianforte at the polls on November 5, 2024 for having been caught many times with their hands in the cookie jar of our constitutional rights. The Gianforte administration has attempted over and over again to use a tactic that all autocrats have used, reducing the number of registered voters, so that the tyants can govern instead of the people.

If you need to brush up on such tactics, check out the Netflix documentary, How to Become a Tyrant. Then, vote for candidates running in our Tuesday, November 5, 2024, general election who actually respect and support our Montana Constitution and US Constitution.

 

Where the Candidates Stand on Women’s Reproductive Rights

Montana becomes eighth state with ballot measure seeking to protect abortion rights

A majority of Montanans support women’s reproduction rights (also known as “freedom of choice” and “a woman’s right to make her own reproductive decisions” and “abortion access”).

A 25-year-old state Supreme Court ruling protects abortion rights in Montana. That has not stopped Republicans and anti-abortion advocates from trying to institute a ban.

Polls in 2007 and 2014 by the Pew Research Center found that a majority of Montanans said that abortion should be legal in all or most cases.

In 2022, Montanans rejected a ballot measure that would have “raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take ‘all medically appropriate and reasonable actions to preserve the life’ of an infant born alive, including in the rare case of a birth after an abortion.”

In a 2023 poll, six in ten Montana voters overall said that abortion should be legal in all or many circumstances.

A 2024 poll from the Rural Democracy Initiative shows that 74% of rural voters in 10 battleground states, including Montana, agree with the statement “we should trust women and their doctors when it comes to abortion, not politicians.” 

“A study published [on June 24, 2024] in the pediatrics journal of the American Medical Association (JAMA Pediatrics) shows that the idea of returning women to roles as wives and mothers by banning abortion has, in Texas, driven infant death rates 12.9% higher.”

A Montana district judge recently issued a ruling, permanently blocking three Montana laws from the 2021 legislative session that tightened abortion restrictions.

A Montana district judge recently issued a temporary restraining order blocking HB 575 from the 2023 legislativeve session which requires sll patients in Montana to undergo an ultrasound before getting an abortion.

Similarly, a Montana district judge has temporarily blocked HB 721 from the 2023 legislative session which banned a specific abortion procedure commonly used after 15 weeks of pregnancy.

So, where do the candidates stand?

The following quotes concerning women’s reproductive rights are taken from and linked to the candidates’ websites, books, interviews, and speeches. The abortion-related votes of candidates who served in the 2023 legislative session are also presented. It is noteworthy that no candidate is a “supporter” of abortion. What differentiates the candidates is whether they believe that government should be making decisions for women and their doctors forced to confront the question.

It is also noteworthy that Democrats generally disclose their positions on abortion access on their campaign websites and Republicans often do not. For that reason, quotes are available from a limited number of candidates.

US Senate Candidates

Jon Tester (D)-“As women’s access to health care is being restricted and reproductive freedoms are under attack across the country – including Montana – it is more important than ever to have a champion for women in the U.S. Senate.” Jon cosponsored “Women’s Health Protection Act of 2023: “To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services.”

Tim Sheehy (R)-“It’s really frustrating how, you know, we have one party in this country that seems to be bent on murdering our unborn children and taking that, taking that tack, you know, in a very militant way.”

US House Congression District 1 Candidates

Monica Tranel (D)-“I trust women and families to make their own decisions about how they live their lives.” “This is about privacy and freedom. And I am the only candidate in this race who stands unequivocally with you for your privacy, to make your own health care decisions, to make decisions about your body, and to decide when, whether and how you will become a mother or a parent and how to use your resources.” “Every person should have the freedom to choose how they live their life, and the privacy to make decisions about whether they have children, who they love, and how they live their lives.”

Ryan Zinke (R)-“Again, I wish the abortion wasn’t there, but life isn’t perfect. And I understand there’s a lot of circumstances that force a woman into that very difficult decision. But I’m pro-life and I’m proud of it. ”

Montana Governor Candidates

Ryan Busse (D)-“Ryan is an unapologetic defender of the freedom of health care and reproductive choice, and of Montana’s constitutional right to privacy. He believes no politician has any right to make private health care decisions for women, including whether to have an abortion.”

Greg Gianforte (R)-“I’m proud to round out our legislative session with another suite of pro-life, pro-family bills that protect the lives of unborn babies in Montana,” Gianforte said in a written statement about the bill signings.

Montana State Senate District 30 Candidates

Cora Newman (D)-A state district court judge has deemed that three laws passed in 2021, meant to tighten restrictions on abortion, are unconstitutional. “So I would say this is a big win for families and women. For Montana families who want to decide how and when to start a family, to grow their family. And it’s a big win for women’s health.”

Tyler Rogers (R)-No online presence.

Montana State Senate District 33 Candidates

Chris Pope (D)-HB 140 would require a doctor to offer a patient seeking an abortion the opportunity to see an ultrasound. Requiring a doctor to record whether a woman chooses to view the ultrasound is a “deep governmental intrusion into a woman’s right to privacy.” Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Neal Ganser (R)-No online position.

Montana State House District 57 Candidates

Scott Rosenzweig (D)-“Respect for personal privacy.”

Marty Malone (R)-“Protect the unborn.” Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte. Bills signed into law by Governor Greg Gianforte.

Montana State House District 59 Candidates

Ed Stafman (D)-“Neither the government nor religious agenda should overrule a woman’s conscientious decision, made with her physician and spiritual advisers, about pregnancy before a fetus is viable.” Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Both bills were signed into law by Governor Greg Gianforte. Stafman sponsored HB 471, a bill which would have given women the right to seek an abortion based on her religious or spiritual beliefs on the subject, even where a state law may prohibit it. He also voted YES on several bills that sought to preserve and/or codify existing abortion rights in Montana and has been endorsed by Planned Parenthood.

Marc Greendorfer (R)-“There should be a right to abortion, but it should be limited to certain gestational periods, exactly as is the case in most other American states as well as European countries.” The foregoing statement describes the three unconstitutional laws passed by the Republican-controlled 2023 Montana legislature that would ban abortions beyond 20 weeks of gestation. Also, Greendorfer was a lawyer in the Hobby Lobby case before the US Supreme Court, where he successfully argued that corporations have religious rights to refuse to include contraceptives in their employee health insurance policies. He is also a member of The Federalist Society that produced the list from which all Trump supreme court justices were selected, all of whom are opposed to abortion rights and voted to overturn the federal abortion right under Roe. He also argued in the Supreme Court against same sex marriage. At present, his front yard includes yard signs for Zinke and Sheehy, both of whom oppose abortion rights.

Montana State House District 60 Candidates

Alanah Griffith (D)-“This election is critical to protect the right to privacy in medical decsions from government overreach.  I am the only candidate running for SD 60 who will preserve that right.”

Jerry Johnson (R)-No online presence.

Montana State House District 61 Candidates

Becky Edwards (D)-“The Montana constitution proudly ensures a right to privacy for all residents. The Supreme Court roll back of Roe v Wade and the subsequent state by state diminishment of the simple human right of a woman’s ability to care for our own bodies and seek appropriate healthcare is devastating.”

Thomas Carlson (R)-No online presence.

Montana State House District 62 Candidates

Joshua Seckinger (D)-“I staunchly defend a woman’s right to make her own healthcare decisions, including the right to choose whether to terminate a pregnancy. Access to safe and legal abortion services is crucial for women’s autonomy, health, and well-being. I will tirelessly advocate for policies that protect reproductive rights, including ensuring access to comprehensive reproductive healthcare, contraception, and family planning services. No one should face barriers or judgment when seeking reproductive healthcare, and I am committed to upholding the constitutional right to privacy and bodily autonomy for all individuals.”

Owen Lang (R)-“Protect the right to life.”

Montana State House District 63 Candidates

Peter Strand (D)-“Each of us should be able to make decisions about our own health without political interference. We should trust women to know what’s best for their bodies, their physical and mental health, and their lives. Likewise, we should trust parents to make decisions related to the physical and mental health of their children. While medical professionals belong in these discussions, politicians do not.”

Mark Lewis (R)-No online position.

Montana State House District 64 Candidates

Kelly Kortum (D)-Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Jolene Crum (R)-No online position.

Montana State House District 65 Candidates

Brian Close (D)-“I support Reproductive Freedom, the Right to Privacy, and Personal Autonomy.”

Esther Fishbaugh (R)-“As a champion of life, I believe in protecting the unborn and honoring the dignity of every human life from conception to natural death. I’m proud to have earned the endorsement of the Montana Family Institute for my unwavering stance on this critical issue.”

Montana State House District 66 Candidates

Eric Matthews (D)-Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Marla Davis (R)-No online position.

Montana State House District 67 Candidates

Carl Anderson (D)-“Privacy is a Montana Constitutional Right protecting us from overreach by activist government that is under attack by those who want to take away rights to abortion, contraception, and equality. Women have a Constitutional Right to control their own bodies, which I fight to protect.”

Jedediah Hinkle (R)-Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Montana State House District 68 Candidates

Alexander Colafrancesco (D)-No online position.

Caleb Hinkle (R)-Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

 

 

 

 

 

Republican Majorities and Now Super-Majorities in MT Legislature Pass Unconstitutional Laws

Republican majorities and now super-majorities in both the Montana Senate and the Montana House of Representatives pushed through a number of laws that have been struck down as unconstitutional by Montana courts.

Republican Governor Gianforte welcomed the laws and signed them into law.  Republican Attorney General and Republican Secretary of State Christi Jacobsen wasted taxpayer dollars unsuccessfully attempting to defend the laws in court. Below are links to articles that describe the debacles:

Montana Judge Declares 3 Laws Restricting Abortion Unconstitutional, Including a 20-Week Limit

Judge strikes down a trio of Montana abortion laws passed in ’21 as unconstitutional

Judge voids filing fee and legal review provisions of 2023 ballot initiative law

Montana Supreme Court declares 2021 voting laws unconstitutional

Group tells court Montana’s narrow definition of gender is unconstitutional (recently filed)

Montana Supreme Court agrees to rehear case centering on legislative rules, constitution

Montana judge temporarily blocks law banning gender-affirming medical care for minors

Montana’s First-In-The-Nation Ban on TikTok Blocked by Judge Who Says It’s Unconstitutional

Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation

Marquez v. State of Montana Senate Bill 280 woud have made it difficult, if not impossible, for transgender people born in Montana to correct the sex marker listed on their birth certificates.

So much for the majority party in the Montana legislature, the Rublican Party, being “the party of law and order.”

 

 

Gov. Gianforte Shoots Trapped Wolf, Then Attempts Coverup

Law enforcement officers involved with recording Mr. Gianforte’s shooting of a wolf caught in a foothold trap, collared as No. 1155 by trackers in nearby Yellowstone National Park, now say the procedures were anything put typical. They say that officials leaned on them to record the governor’s hunting buddy, rather than governor himself, as the shooter, in an attempt to avoid giving the governor a citation, and that the officials bristled when the warden and his boss refused.

Montana Governor given written warning after trapping, killing of Yellowstone wolf

So much for leading “the party of law and order.”

Lawmaking Effectiveness of Members of Montana’s Congressional Delegation

Year after year (in congress after congress) montanans have been blessed to be served by a very effective lawmaker, Senator Jon Tester. Jon has learned how to reach across the aisle to craft bipartisan solutions to the grave and complex problems facing America nationally and Montana in particular.

And don’t just take our word for it. The nonpartisan Center for Effective Lawmaking has crunched the numbers and proven that Jon gets things done (gets bipartisan laws passed) way better than the rest of the members of our congressional delegation (and way better than American lawmakers overall).

How  Good Are Our US Senators and Representatives at Advancing Their Bills through the Legislative Process?

Effective representatives and senators are good at moving the bills they sponsor (research, negotiate, write, and introduce) through the legislative process to become laws.  An analysis of the effectiveness of our current and recent US representatives and US senators is prepared every two years by the non-partisian Center for Effective Lawmaking. A summary of the methodology used by the Center is as follows:

“To calculate the Legislative Effectiveness Score for each member of the U.S. House and Senate, we draw on fifteen indicators that collectively capture the proven ability of a legislator to advance her agenda items through the legislative process and into law. More specifically, to calculate Legislative Effectiveness Scores for the House, we identify the number of bills that each member of the House of Representatives sponsored (BILL); and the number of those bills that received any action in committee (AIC), or action beyond committee (ABC) on the floor of the House. For those bills that received any action beyond committee, we also identify how many of those bills subsequently passed the House (PASS), and how many became law (LAW).”

Below is a table that presents the Center’s findings about Montana’s members serving in both the Senate and House of Representatives for the 114th through 117th congresses. (A lawmaking effectiveness rank of 1 means that all other members of the member’s party are less effective than the member ranked # 1.) For the mid-year results for bills (HR. and S.) for the current (118th) congress, we pulled “to-date” data manually from the government’s Library of Congress website, Congress.gov.



Congress


Number
Sen Tester (D)Sen Daines (R)Rep Rosendale (R)Rep Gianforte (R)Rep ZInke (R)
118th 2023-2024
No. of bills sponsored so far5438407
No. that became law so far3000
117th 2021-2022
Rank within party22522
No. of bills sponsored635026
No. that became law1302
116th 2019-2020
Rank within party41925
No. of bills sponsored 784517
No. that became law210
115th. 2017-2018
Rank within party31582
No.of bills sponsored635317
No. that became law220
Who Is Our Only True “Lawmaking Workhorse” in Congress?

You guessed it. Senator Jon Tester is our most effective member of Congress. In fact, the Center recently ranked Jon second among all of the Democratic senators in lawmaking effectiveness in the 117th Congress. None of our other members of Congress were in the top ten of either party.

The Center also recently identified our Jon Tester as the senator with the longest streak (six congresses) of exceeding expectations in effective lawmaking.

Highlights from the New 117th Congress Legislative Effectiveness Scores

To be fair you will note that the Center’s definition of lawmaking effectiveness only covers being good at conceiving, researching, negotiating, and writing bills and making sure that those bills successfully become laws.  It does not cover being good at preventing Congress from getting things done. For example, our Senator Steve Daines was almost successful at orchestrating a filibuster of Jon’s Honoring Our PACT Act, thereby preventing a vote on the final House version in the Senate. When Montana and other veterans rose up in anger in large numbers, the very same bill eventually became law.  The law provides healthcare for all generations of toxic-exposed veterans (and monthly compensation for veterans whose injuries prevent them from making a living). The other members of our congressional delegation at the time (Sen. Daines and Rep. Rosendale) cynically bragged (Sen. Rosendale even sent out postcards paid for by taxpayers) that they voted for the PACT Act, but they fought its passage tooth and nail until it was clear the bill would pass.

So, in many ways, the 2024 general election will tell us whether Abraham Lincoln was correct when he said “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.”

A new report ranks how effective lawmakers were during the 117th Congress in advancing bills. Here’s the top 10 lawmakers in each party and chamber.

Inaction by Governor Greg Gianforte Causes MT Residential Property Taxes to Skyrocket

The failure to act by the Governor and the Legislature triggered a $110 million tax shift away from industry and corporations onto Montana homeowners. The big corporations, the pipelines, the transmission lines, the railroads, all got a big tax break from that shift while we got a staggering property tax increase.

Monica Tranel’s Affordable Houseing Plan

Real estate bonanza turns political as property taxes soar

Josh Seckinger: Property Tax Madness

The Truth about Your Home’s Property Tax Increase

So, are you happy about your new property tax bill?

Gianforte property tax shell game

Montana taxes skyrocket, but not for Governor’s properties

Greg Gianforte Assaults a Reporter

Greg Gianforte pled guilty to assaulting a reporter.  Below are some articles about the encounter:

What happened when Republican Greg Gianforte body-slammed a reporter

Greg Gianforte misled police after assault of Guardian journalist, incident report shows 

Guardian reporter calls GOP congressman who hit him a coward — and calls Trump something worse

Gianforte apologizes for ‘body-slamming’ Guardian reporter – video