Author: Dara Deines

*May 2, 2021*

Friends, it has been a long session. We feel like we’ve aged ten years in the last four months. We have seen good bills die, bad bills pass, and legislators representing special interests — NOT their constituents. Through it all, one thing has been constant: Montanans like you have shown the f**k up to fight the good fight.

The last week of the session was especially concerning. Bills were hacked apart and voted on at lightning speed, and it’s been nearly impossible to keep up. What we do know is that Montanans deserve better than what we saw this week — rushed government with little (if any) opportunity for public participation.

While the session has come to a close, many ugly bills have been dumped on Gov. Gianforte’s desk for him to either sign or veto. We have one last chance to make our voices heard loud and clear.

Baby one more time

Alright friends, we hope you’ll join us one more time in blowing up Gov. Gianforte’s phone in support of transgender, nonbinary, and Two-Spirit Montanans.

The fate of HB112, the anti-trans sports ban, is now in the Governor’s slippery little hands. We need to make it very clear that we will not tolerate this blatant attack on trans peoples’ right to live their lives in Montana. Give ol’ GG a call at 406-444-3111 or shoot him a message and tell him to veto HB112.

How the actual Helena are we supposed to vote now?!?

Tightening voter ID laws and ending same day voter registration apparently wasn’t enough for some power-hungry Republicans. During a single day last week, three anti-democratic bills passed the legislature along party lines and were sent to Gov. Gianforte’s desk. Ya know what they say: “when it rains, it pours.”

ICYMI, HB651 will insert the legislature and Attorney General into what is supposed to be a citizen-led ballot initiative process. Legalizing marijuana and securing long-term funding for MUS are two great examples of successful ballot initiatives. HB651 authorizes the legislature and the AG to display their opinions at the very top of initiative petitions, which will likely discourage folks from signing on. This undermines the entire purpose of the *citizen-led* initiative process and will make it WAY more difficult to get issues we care about onto the ballot.

A second bill, HB530, will prohibit ballot collection. Each election, organizations like Forward Montana and our partners collect and safely deliver hundreds of ballots for voters across the state. Ballot collect is a lifeline to democracy for SO MANY PEOPLE who can’t make it to their county election offices and HB530 reinstates a policy known as the Ballot Interference Prevention Act (BIPA) that was previously ruled unconstitutional. Election officials and the general public rallied hard against a previous version of the same bill, HB406, which died several weeks ago. The worst of HB406 was amended onto HB530 and passed through the legislature during the final week without any public input. What. The. Actual. Helena. We feel like we’re playing some kind of bad-bill whack-a-mole.

Lastly, HB506 takes a very well-functioning system and changes it for no apparent reason. Currently, county election offices preemptively issue ballots to new voters turning 18 shortly before Election Day. This works great — but some lawmakers just had to mess with it. HB506 will prevent young voters from getting their ballot until the day they turn 18, even if that’s Election Day. So if you’re a first-time voter who needs to vote by mail for whatever reason (say you’re travelling or away at college) you’re SOL — unless you have a time-traveling superpower we don’t know about.

Tell Gov. Gianforte to veto HB651, HB506 and HB530 — these bills infringe on our constitutional rights and create barriers to making our voices heard.

A(nother) sneaky switcheroo

A new provision to HB695 would have allowed NorthWestern Energy (NWE) to increase customers’ utility bills for NWE’s own profit while preventing the Public Service Commission (NWE’s regulating body) from keeping the energy monopoly’s expenses within a reasonable limit. Sound familiar? That’s because it is.

Two weeks ago, we defeated SB379, NorthWestern’s relentless attempt to take advantage of consumers and pocket more money for their own corporate benefit. But, before we could even breathe a sigh of relief, they managed to wrangle an amendment mirroring SB379 into a completely unrelated bill, HB695. We’ve had enough of corporate bailouts this session, and thankfully, so have your legislators. HB695 didn’t make it to the senate floor before the session ended, so it is dead in the water. If you contacted your legislator to stop these bills, give yourself a pat on the back!

Oh, the hypocrisy!

The hypocrite anthem rang loudly in our ears as GG signed multiple anti-reproductive healthcare bills into law during the final week of the Legislative Session.

The assertion of “pro-life” truly baffles us when the legislature has shown flagrant disregard for so many lives. Trans and queer Montanans? Nah. Indigenous communities? Nah. Does life really matter to you Gov. Gianforte, or only when it’s white, cisgender, or an unborn fetus? 

HB136, HB140, and HB171 ban abortion procedures at 20 weeks, seek to shame abortion patients, and restrict medical practitioners’ ability to provide medication abortions. All of which will put doctors and families in difficult situations, disproportionately impacting low-income and rural folks in Montana.

Legal challenges are in the works with the passage of these bills, and we’ll keep working with other organizations to advocate for reproductive healthcare access around the state. 

Villain & Hero of the Week

My dear friends, the final week’s villain is perhaps the most deserving villain we know. Remember when our Governor, Greg Gianforte, body-slammed a reporter, ending with assault charges? Yeah, so do we. And he’s been body-slamming Montanans in all sorts of ways ever since. He touts toxic masculinity wherever he goes and is intent on limiting voting access, restricting women’s healthcare, attacking our judiciary, consolidating his own power, lowering taxes for the wealthy (like himself, shocker!), and just generally thinking he’s above the law.

His cronie, Lt. Gov. Kristen Juras, has been playing marionettist and pulling strings in the legislature to an unprecedented extent this session. She was especially vocal in favor of the Religious Freedom Restoration Act (RFRA), which legalizes discrimination based on sexual orientation and gender identity in the name of “religious exemption.”

Just last week, Gov. Gianforte refused to sign HB92, the bipartisan bill that would establish a compensation program for wrongfully convicted Montanans. He returned the bill to the legislature with several amendments — the most notable being that it is now set to expire in 2023, just as the fledgling program would be getting its sea legs. This is a huge middle finger to legal advocates, formerly incarcerated people, and legislators who have been crafting this bill together for years, as well as to the legislature as a whole, which voted in overwhelming support of HB92. Greg, do you just love to see people suffer?

While Gov. Gianforte likes to pretend he’s a salt of the earth ol’ Montanan, let’s not forget: he is, in fact, a rich tech guy from New Jersey who was the wealthiest member of Congress, with a net worth of $135.7 million. Instead of promoting policy to better our state, he’s treating Montana like a new toy to throw around until it’s ruined and then toss aside.

Greg, you are not the future of our Montana. In our Montana, everyone’s right to vote is protected, every body’s right to healthcare is guaranteed, and every person’s identity is welcome. After we send him all the calls, let’s gear up to throw GG back to NJ in 2024. He does not and will never represent us.

Our final hero of the week, dear readers, is you! Through thick and thin, you stuck with us. You sent more emails to the Capitol than we can even count, raising your voices on issues ranging from the anti-trans sports ban to tax breaks for the wealthy. You sent 536 messages to legislators through our action forms alone! Your calls filled voicemail boxes and kept phones buzzing.

Some of the terrible bills you helped kill? A ban on lifesaving healthcare for transgender youth. A bill to reinstate the death penalty in Montana. A death blow to Montana’s solar industry. An attempt to increase barriers to Medicaid and SNAP. Thanks to you, those bills were left in the dust. If that isn’t heroism, we DK what is.

Here’s the thing: a lot of the legislators pushing hateful rhetoric are scared of young people power. They are genuinely threatened when young people start rallying together and speaking their minds. That’s why we have to keep doing it.

There are so many ways to make change, and transforming the system from within is just one of them. But if you want to run for office, give us a ring. We’d be behind you all the way. 

—

This is our last regular issue of What the Helena. Next week, we’ll send out a summary of the major changes that this session has brought to our beloved state.

If you have enjoyed the weekly updates this session and want to help us continue providing content like What the Helena, please consider making a donation to Forward Montana. 

*April 25, 2021*

The final day of the legislative session — known as sine die — inches closer by the day, though lawmakers seems to be speeding up before they slow down.

One hateful bill down, two to go

Put on your party pants, people! This week, the Senate voted to indefinitely postpone HB427, which would have prevented transgender youth from accessing lifesaving healthcare. Over 700 of you sent messages in opposition to this bigoted bill and every one of those brought us a little closer to this win. Take a moment to celebrate and then join us in doubling down in our efforts to support trans youth.

We hate to be party poopers, but there’s some bad news, too. SB215, the “Religious Freedom Restoration Act,” which allows religion to be used as a defense for discrimination, was signed into law on Thursday despite over 1,300 messages sent to the legislature in opposition. We’ll keep you posted on what comes next.

And a couple bills are still being decided. HB112, the bill to ban transgender athletes from participation in school sports, has gone on a long and winding journey through the legislature. After a rollercoaster of amendments and close votes, it will now make its way to Governor Gianforte. Across the country, governors and legislatures are realizing that bills like this have no place in our schools. Let’s keep the pressure on Gov. Gianforte to follow suit. SB280, which requires trans people to present proof of surgery in court in order to change the gender marker on their birth certificate, is also through the legislature and in the Governor’s hands. Both of these bills attempt to make life harder for trans people in Montana.

We are so, so close to the finish line of this session. We just need you to keep your foot on the gas for a little bit longer. Tell Gianforte to slam the brakes on HB112 and SB280. This is our last chance to squash these bills before they become law. 

Stop f*cking with ballot initiatives

Imagine you’re an impassioned citizen looking to make change in your community. You decide to try and get an issue that’s important to you on the ballot during the next election through a ballot initiative. You spend months collecting data, educating the public, and gathering thousands of signatures alongside your fellow organizers. It’s basically a full-time job.

If HB651 becomes law, good luck getting your initiative on the ballot. It would add extra steps to the already arduous citizen-driven ballot initiative process. HB651 would not only require a legislative committee to vote on every initiative and include the outcome of that vote on the initiative petition, but would now also require the MT Attorney General to put a warning at the top of that petition if the initiative will negatively impact “one or more businesses.” The problem is, the Attorney General could argue that virtually any initiative adversely affects one or more businesses, deterring potential signers from voicing their support. Tbh, we wish we could put a warning on the Attorney General anytime he impacts one or more of our lives.

Make sure to send your representative a message asking them to keep initiatives in the hands of Montana citizens (where they belong), NOT our politicians. 

Settler colonialism: not a thing of the past  

Settler colonialism is an ongoing process that uses violent means to remove and erase Indigenous peoples from their lands in order to make way for settlers. It underlies every aspect of our lives in Montana and the Capitol is no exception. SB214, sponsored by Sen. Greg Hertz of Polson, is the latest iteration of anti-Indigenous policy being pushed in the legislature, and to understand it, we have to look all the way back to 1887. 

That’s the year of the General Allotment Act, also known as the Dawes Act. It broke up tribal lands into individual parcels and sold the remaining lands to white settlers. This created a patchwork of ownership and two distinct land statuses within reservations: trust land and fee land. Allotment’s ultimate goal? To assimilate Native Americans into non-Native society — a form of genocide.

Since the allotment period ended in 1934, tribes have worked to re-consolidate their lands from fee to trust status via a time-consuming and expensive process. SB214 would disrupt that process by revising property tax exemptions for tribal nations, erecting barriers to land consolidation efforts and essentially punishing tribes for the federal government’s bureaucracy. SB214 disregards tribal nations’ political status as sovereign nations in a government-to-government relationship with the federal government. 

The state legislature has no business attempting to tax sovereign nations. Get in touch with your senator and tell them to vote NO on this anti-Indigenous bill.

We’ve had it with NorthWestern Energy

Over the past few weeks, thousands of Montanans rose against SB379, a bill that would have handed NorthWestern Energy (NWE) a blank check for the continued operation and maintenance of the Colstrip power plant, continuing our state’s reliance on coal while driving up energy bills for 400,000 Montana households. It would have been bad for our bank accounts and bad for the planet. Your legislators noticed, and voted 11-1 to table SB379 in committee. 

But NWE’s greed is relentless. The company managed to finagle an amendment into a totally unrelated bill, HB695. This amendment features similar language to SB379, in that it would allow the company to increase customers’ energy bill prices for their own profit and prevent the Public Service Commission (NWE’s regulating body) from keeping NWE’s expenses within a reasonable limit. The cherry on top? The amendment was introduced by lover-of-all-things-coal, Sen. Duane Ankney of, you guessed it, Colstrip.

You helped keep Montana’s energy monopoly and its investors — some of the biggest corporations in the world — in check, and you can do it again! Contact your senator now and ask for their NO vote on HB695.

Hert(z)ing Montana’s future

Turns out, it ain’t over until it’s over. SB159, a bad tax bill we thought was behind us, was resurrected last week. Sponsored by Sen. Greg Hertz of Polson, SB159 drops the personal income tax rate from 6.9% to 6.75%, benefitting Montana’s wealthiest and resulting in state revenue losses of $30 million annually.

SB159’s partner in crime, SB399, also sponsored by the one-and-only Sen. Hertz, aims to completely overhaul Montana’s tax system while increasing taxes on 1 in 5 taxpayers — including middle-income earners. Together these bills could create a domino effect as state revenue loss topples into deep budget cuts for social services, like we saw in 2017. Given its serious consequences, debates on SB399 should have started months ago — not during the session’s 11th hour.

TL;DR; If you dream of a Montana with affordable housing, healthcare for all, or accessible higher education, these long-term revenue reductions would put a damper on that dream. Call the Capitol Switchboard TODAY at 406-444-4800 and tell your representative to vote NO on SB399 and SB159. 

When the voting gets tough, we keep fighting

Voting, my friends, is not supposed to be difficult. If you decide you want to register and vote on Election day or if you don’t have the money for a valid voter ID — you still deserve to vote.

Republican legislators and our Governor claim to care about defending the Constitution — as they introduce arbitrary rules to strip us of our constitutional rights. Defending the Constitution, our a$$. On Monday, Governor Gianforte signed HB176, which ends same-day voter registration (a service the majority of Montanans want to keep), and SB169, which introduces stricter voter ID requirements. These bills will keep young, low-income, Native American, and rural folks from voting.

Friends, here is our new, restrictive reality: we can no longer register to vote on Election Day and student ID alone cannot be used to register and vote. For any upcoming elections, we’ll need to plan ahead to make sure we’re prepared to vote well in advance. But don’t think we’re letting this slide without a fight. The ink from Gov. Gianforte’s pen was barely dry when lawsuits were filed against these unconstitutional bills. 

Burning down the house

It’s not fire season yet, but the Legislature is burning down housing equity and access around the state.

HB259, HB401, and HB402, three calamitous housing bills, were signed by Gov. Gianforte last week. While HB259 prohibits cities from adopting inclusionary zoning practices to create more affordable housing options, HB401 and HB402 give landlords (even) more power over their tenants. These bills will exacerbate Montana’s predatory rental environment and make it even harder for local governments to address housing issues — a big middle finger to Montanans who are facing evictions or behind on rent.  

The thing is, while fires can be destructive, they can also pave the way for growth and resiliency. The legislature has now planted seeds for affordable housing efforts across the state to rage brighter and stronger than ever before. Help us fight these fires by engaging with policy efforts by the Montana Housing Coalition, and check out this list of state housing resources.

Villain & Hero of the Week

Although he’s been conveniently quiet lately, we couldn’t let the session end without crowning Rep. Braxton Mitchell of Columbia Falls as our villain. He campaigned on tax policy, public lands, and job creation, but his legislative record paints a different picture. Braxton introduced three bills this session, none of which had anything to do with jobs, taxes, or public lands. In fact, Mitchell’s most notable bill would have designated antifa as a terrorist organization. Cue eye roll emoji. 

First of all, antifa is not an “organization.” It is a broad term to describe anyone who is against fascism. So what does that make Rep. Mitchell? An anti-anti-fascist is…? During the bill’s hearing, he demonstrated a complete lack of understanding of the very issues he was attempting to legislate.

Rep. Mitchell has made more uninformed and harmful statements than we can realistically fit here, including flat-out ridiculous misinformation about trans people. Another example: He advocated to put guns on college campuses and made the erroneous argument that more guns will protect women from sexual assault. Evidence shows introducing guns to abusive situations does not make women safer; in fact, it does just the opposite. 

Don’t get us wrong — we’re stoked to see young people elected to the legislature. However, the bills he’s advocated for and the policies he pushed show that Rep. Mitchell isn’t showing up for all Montanans. We’re thankful to the brilliant, politically engaged young people who are working to make Montana a place we can all thrive. If you’re one of those people and you live in House District 3 — let’s chat about running for office.

Criminal justice advocate. Defender of young people. First openly gay legislator in Montana. Our hero this week, Sen. Diane Sands of Missoula, has shown unfaltering commitment to Montanans since her first term as a legislator in 1996.

Few things bring us more joy than when Sen. Sands speaks her mind with honesty. During a hearing on SB158, which would have allowed legislators to carry guns inside the Capitol building, Sen. Sands pointed out that adding guns into an already heated decision-making environment could be disastrous.

Most recently, she has fiercely defended our government’s checks and balances amid a constitutional crisis brought about by the Gianforte Administration and legislative Republicans’ attack on the judiciary — a dangerous attempt to politicize an independent branch of government. In a joint statement with former Hero of the Week Rep. Kim Abbott of Helena, Sands stated: “Democrats will defend our constitution against this brazen assault on the bedrock American principle of checks and balances, and hold our colleagues accountable for this severe overreach.”

Thank you, Sen. Sands, for your commitment and dedication to the people of Montana. Your energy is contagious!

—

Our legislative team is getting ready to sign off! We’ll see you next week for one final issue.

*April 18, 2021*

Events this week:

Sunday, April 18 (Today!): Time to channel your inner Bob Ross, because we’re hosting a statewide, collaborative art project exploring what economic justice means to young Montanans. Sign up to participate by the end of the day today!

Monday, April 19: Students from across Montana will be holding a protest at the Capitol building in Helena against HB112, the anti-trans sports ban. The protest starts at 11am. Bring your masks and signs!

The Montana witch trials 

Hopefully you caught our midweek update on the constitutional crisis unfolding at the Capitol. ICYMI: Legislative Republicans are trying to intimidate the Montana judiciary, an independent branch of government. This is a dangerous attempt to disrupt our government’s checks and balances and undermine the Montana Constitution. It’s clear the Gianforte Administration sees the judiciary as their last barrier to unilateral, unchecked Republican control. Make sure you’re paying attention as this story develops.

Extreme Makeover: Amendment Addition 

Last week in voting rights legislation, HB506 and HB651 went through some extra-scary makeovers. 

A new amendment to HB506 would prevent election clerks from giving soon-to-be eligible young voters their ballots until the elector’s 18th birthday. That means you’d be SOL if you happen to turn 18 the week before Election Day and would like to vote by mail. That’s not a very nice birthday present.

HB651 concerns citizen-driven ballot initiatives. Two examples of citizen-driven initiatives are the 6-Mill Levy (which has kept university tuition costs down) and I-190 (which decriminalized recreational marijuana). Getting an initiative on the ballot is not an easy feat, requiring thousands of signatures and approval from the Secretary of State. HB651 makes it even harder by requiring a legislative committee to review the initiative and weigh in before signature collection begins.

We were hoping to see an amendment taking the legislature’s hands OUT of this process, however, things took a very wrong turn. HB651 was instead amended to give the Secretary of State more power to define the fee that signature gatherers must pay. We’ve gotta keep up the pressure and ask the Senate State Admin Committee to vote NO on HB651. 

Just 98 pages of simplicity 

A couple weeks ago we had a surprise awakening to another regressive tax bill. SB399, sponsored by Sen. Greg Hertz of Polson, is referred to as the tax simplification bill, which makes us ROFL. At 98 pages long, it’s a g*ddamn novel (ok, a short novel). 

SB399 completely overhauls Montana’s current income tax system and would lower the income tax rate on high earners, costing the state roughly $40 million in revenue annually. Most concerningly, it was introduced late in the session and is now being pushed through the legislature at record speed. Remember the last time you tried to make a multi-million dollar decision that quickly? Neither can we. Let’s muster our energy and stop this bill. Tell your representative to vote NO on SB399.

Luckily, we can rip a page from the book of tax horrors. SB159 — a different tax bill from Sen. Hertz benefitting only Montana’s wealthiest — died in committee!!

Former hero of the week continues acts of heroism

A while back, we celebrated our hero Rep. Kathy Kelker of Billings for introducing HB92, a bill that would financially compensate people who have been wrongly convicted of crimes. 

We are THRILLED to report that HB92 sailed through both chambers with strong bipartisan support. Now, it just needs to get its pennies and dimes nailed down in a finance committee before it heads off to the Governor’s desk, but its chances are looking good. This is a very exciting step down the long, long road of reparations for people harmed by Montana’s criminal (in)justice system, and we couldn’t be happier.

What can we say except, “Thank You!” 

As a child, did adults ever nag you to write thank you cards after your birthday or holidays? How about when bad bills died in the legislature? We’d like to play “adult” for a minute and ask you to express some appreciation to our legislators who have protected Montanans’ access to healthcare… What better way to spend your Sunday?

SB100, sponsored by Sen. Cary Smith of Billings, would make it harder to access public assistance programs like Medicaid or SNAP, disproportionately affecting low-income Montanans. It would put 22,000 eligible Montanans in jeopardy of losing vital services. SB100 was tabled in its committee, but could be revived at any time. Thank your representative as soon as you can for voting to table SB100, and urge them to stick with their NO votes!

HB337, sponsored by Rep. Caleb Hinkle of Belgrade, was a constitutional amendment to redefine personhood and give a fertilized egg the same rights as an adult Montanan. This would have banned all abortions in Montana and could have outlawed many forms of birth control. HB337 needed 100 votes in both the House and Senate, and failed with only 95! Express your gratitude to your legislators for voting against HB337! (Find out how they voted here.)

Who does your legislator really work for?

As the session approaches the finish line, legislators are exhausted and #overit — so we’re seeing bills being scheduled for votes at death-defying speeds. In the environmental realm, legislation shares a common theme: the GOP sucking up to corporations at Montanans’ expense.

First up, SB379, the billion dollar bailout bill, brought by Sen. Steve Fitzpatrick of Great Falls (whose dad was a lobbyist for NorthWestern Energy, ahem.) SB379 hands a blank check to NorthWestern Energy (NWE) shareholders for investments in the outdated Colstrip power plant, while driving up energy bills for Montana households. One such shareholder? BlackRock, an investment management company with $8.67 trillion in assets. As if they need more money from Montanans. SB379 is hanging out in the House Energy, Technology, and Federal Relations Committee. Send them a note ASAP to vote NO on this appalling bill.  

The following bills are all on Gov. Gianforte’s desk:

HB273 – Ah, the anti-democracy bill from former villain of the week Rep. Derek Skees of Kalispell. This bill would overturn a long-standing initiative known as I-80, which gives Montanans the right to vote on any proposed nuclear facilities in the state, and would essentially eliminate public input on nuclear energy. Yikes.

HB481 – This chilling anti-protest bill, sponsored by Rep. Steve Gunderson of Libby, would increase penalties for trespassing and/or vandalizing energy infrastructure, like pipelines. Those found to have caused damage could be hit with a felony charge punishable by massive fines and up to 30 years in prison. It’s the fossil fuel industry’s response to #NoDAPL and is designed to intimidate climate advocates.

HB576 – This bill was initially written to eliminate the Montana Renewable Portfolio Standard, which was created to encourage renewable energy development across Montana. HB576 was amended (thanks to slimy suggestions from NWE’s head lobbyist) to also repeal the Community Renewable Energy Projects requirement — letting NWE off the hook for $2.5 million it owes to tribal and low income energy assistance programs.

Tell Gov. Gianforte it’s time to prioritize Montanans’ livelihoods over the wealth of corporations. 

But … don’t give up hope! SB260, one of the most concerning climate bills, died on the House floor this week. It would have discouraged the state from regulating all kinds of industry, affecting environmental regulation, public safety, and welfare. For the win!

Villain & Hero of the Week

This week’s villain earned his shameful title by going out of his way to allow state-sanctioned cruelty. Rep. Dennis Lenz of Billings sponsored HB244, a bill that would reinstate the death penalty in Montana — at a time when public support for capital punishment is at an all-time low. 

It’s been a while since we talked about HB244, so here’s a refresher: right now, the death penalty is technically legal in Montana, but the state cannot carry out executions. That’s because the drug being used didn’t meet the state’s own “ultra-fast acting” requirement. HB244 would strike that requirement, allowing lethal injection to be performed using “any substance in a lethal quantity sufficient to cause death.” This means executions would resume with lower-quality, less regulated, and more painful drugs.

Let’s be clear: our villain has so little regard for the value of human life that he felt it appropriate to joke about corrections officers injecting people with antifreeze.  

Many pharmaceutical companies are refusing to sell lethal injection drugs to states. We never thought we’d see the day that Big Pharma had a stronger moral compass than… well… anyone. In an exciting turn of events on Thursday, HB244 failed on the Senate floor by just two votes. If your senator voted NO, take a minute to thank them!

Nasty voting rights legislation can’t squeak past Sen. Janet Ellis of Helena. Last week she raised her voice on the Senate floor against HB406, which would have prevented anyone except a family member or postal worker from delivering your completed ballot to your county elections office if you’re unable to get there yourself. That means no help from your roommate, your partner, or even your fiance!

Sen. Ellis pointed out that even if a family member were able to deliver your ballot, there are other barriers in this bill — like requiring the ballot-deliverer to register with the county elections office and bring a written permission slip to submit your ballot. Talk about making a simple process extremely difficult for no f*cking reason.

Sen. Ellis’s comments highlighted the complete ridiculousness of this bill (quick refresher: a similar measure was ruled unconstitutional by the Montana courts just last year), and thankfully, helped send it packing. Yes, HB406 died on the Senate floor! We are absolutely elated — and you should be too!

During a session that makes us all want to run away from Capitol Hill and never look back, we admire Senator Ellis’s respectful but pointed arguments against restrictive voting rights legislation, both in committee and on the Senate floor. 406 cheers for Senator Ellis! Make sure to pass her a thank you for all her hard work. 

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Friends, we know it’s a long few months, but last week brought several significant victories. Let’s savor them when we can. Thanks for chugging along with us. 

*April 4, 2021*

Events this week:

Tuesday, April 6 — Join us and some of our partners for a virtual Public Lands Rally from 12-1pm. We’ll hear short speeches from Conrad Anker (climber, mountaineer, & author), Francine Spang-Willis (board member, Absaroka Beartooth Wilderness Foundation), Rachel Schmidt (former director, MT Office of Outdoor Recreation), and Andrew Posewitz (sportsman & hunting ethics advocate). And we’ll remind our legislators to protect the lands we love.

A message to trans Montanans: We love you!!!!!!!

Last week HB112, the bill to ban trans kids from participating in school sports, sponsored by Rep. John Fuller of Whitefish, passed through the Senate. The bill will now make one last appearance in the House before it heads to the Governor’s desk — its last stop before becoming law. SB215, the Religious Freedom Restoration Act, which could allow discrimination in the name of religious freedom, is on the same path. As these bills inch closer to becoming our reality, we want to be very clear: Montana is better because of trans people.

These hearings and debates have been full of hateful, ignorant speech. Proponents have spread dangerous misinformation about trans people. They have tried to send the message that trans people, especially trans children, are not welcome to live as themselves in Montana. We reject that message. We’re going to keep raising hell about these bills and we also want to send a clear signal that trans kids are valued members of our communities who are deserving of joy, care, and love.

If you identify as LGBTQ2S+, consider submitting art, writing, or a letter of support to our upcoming zine, Transcendent Joy. If you need to be with other trans folks right now or if you are a parent of a trans, nonbinary, or Two Spirit child and want to talk with people who understand, email paxton@mhrn.org for information about support groups facilitated by the Montana Gender Alliance. If there is other support you need and can’t find, or if you have dreams for what community support could look like moving forward, contact Izzy at izzy@forwardmontana.org. We take care of us. 

Maybe it’s Maybelline, maybe it’s white supremacy

Indigenous people finally won the right to vote less than a century ago, after decades of advocacy. But Native American voters continue to face significant barriers to the ballot box in Montana.

Over the past few weeks, HB613, the Native American Voting Rights Act (NAVRA), was whittled down significantly in an attempt to negotiate between the bill sponsor, county clerks, and Tribal governments. In its compromised form, HB613 lost support from a few tribes and initial proponents, and ultimately died on the House floor.

Rep. John Fuller of Whitefish spoke in opposition to NAVRA though he wasn’t even able to articulate his reasoning, stating “I have some angst regarding the bill, and I’m not sure where it comes from.” Interesting… Could it be that your “angst” comes from a need to hold onto your white power and privilege? Just a thought.

We’d like to acknowledge the bill sponsor — Rep. Sharon Stewart Peregoy of Crow Agency — and Western Native Voice for their care and perseverance with the effort.

HB613’s tough journey through the legislature reflects the systemic settler colonialism and white supremacy that keep Indigenous voters from exercising their right to participate in democracy here in Montana.

A tale of voter suppression

Once upon a time (in 2005 tho ok), a bipartisan group of Montana legislators decided to establish same-day voter registration, for they did not want to see a single eligible Montana voter turned away from the polls on Election Day. Montanans love same-day voter registration so very much that in 2014 (only 7 years ago, mind you) we voted overwhelmingly to keep it.

BUT then came the year 2021, when legislators decided to strike down same-day voter registration via a dastardly bill called HB176. To make matters worse, many of our elected reps also chose to support SB169, a bill to enact stricter voter ID requirements and make it harder for Montanans — especially students — to vote. These bills are now journeying to the Governor’s Office where they will very likely be signed into law.

Here’s where you, dear reader, come into this story. Send Governor Gianforte a message, and ask him to veto these two bills. Remind him that by signing these voter suppression bills, he’s ignoring the will of Montanans.

We’d also be remiss if we didn’t mention a ridiculous bill attacking our friends and partners in voting rights work, MontPIRG. HB689 attempts to place redundant reporting requirements on organizations that rent space from the Montana University System. Groups like MontPIRG are already required to report on their activities and this bill is nothing but a nefarious attempt to make student groups jump through more hoops. Contact your representative and tell them to focus their efforts on issues that ACTUALLY matter to constituents.

Rolling in the debt

You probably don’t need us to tell you that student loan debt is an issue, but #DYK Montana has some of the fastest growing student debt balances in the nation? From 2007 to 2017, Montana residents experienced a 55% increase in student debt. At this rate, we’re wondering how higher ed will ever be affordable.

HJ25, introduced by Rep. Sarah Novak of Anaconda, would have established an interim study group to examine the historical context of student loan debt, analyze the impacts of tuition freezes and federal loan programs, and look at the outcomes of measures implemented by other states before the next legislative session in 2023. This could’ve been a step in the right direction to force our legislators to reckon with the burden of student debt on young people and our economy. However, like several other bills this session, HJ25 did not get very far.

We’ve heard ridiculous arguments from legislators about how students have “chosen” to incur debt. Someone please tell them nobody chooses to bury themselves with insurmountable debt. Even when attending a state school and working, most students will need to take out significant loans by graduation. Montanans should not be punished for pursuing higher ed.

Bern-ing our healthcare access

**Cue Bernie Sanders voice** Healthcare is a human right! Ah, if only everyone thought like Bernie. Unfortunately Sen. Cary Smith of Billings and Rep. Jane Gillette of Bozeman do not.

They have introduced SB100 and HB676 (respectively), which would increase barriers to healthcare, especially for low to middle-income Montanans. These bills would make it harder for folks to qualify (and remain qualified) for programs like Medicaid and the Supplemental Nutrition Assistance Program (SNAP), and ultimately increase the number of uninsured — and unsupported — Montanans across the state. Catch us screaming at yet another attempt to hang our most vulnerable communities out to dry.

In the midst of a public health crisis, and honestly all-the-f*cking-time, it’s disgusting to see our leaders reducing access to necessary public support programs. Legislators are elected to advocate for their constituents. You tell us — are they doing their jobs?

Tell House Human Services Committee to think about the last time they needed to make a medical decision and reject SB100 and HB676. After you’ve sent a message to the committee, take a second to make sure you’re signed up to #SeeJaneGo. It’s clear our former Villain of the Week is only out for herself.

We won’t back down

Remember the Dakota Access Pipeline (DAPL) protests? In 2016, Indigenous activists from Oceti Sakowin (the Sioux Nation) came together to protest the DAPL where it was under construction on treaty lands near the Missouri River, just north of the Standing Rock Sioux Reservation. Over months of struggle, the protest grew into the internationally-known Standing Rock Movement.

HB481, sponsored by Rep. Steve Gunderson of Libby, is a response to that movement. It introduces additional steep penalties for trespassing and/or vandalization of energy infrastructure: if you’re found to cause damage over a certain threshold, you could be hit with a felony charge punishable by fines up to $150,000 or 30 years in prison. In short, this is a brazen attack on our rights to peaceably assemble in support of a sustainable and equitable climate future.

The fact is, the Standing Rock Movement scared big oil, because it showed how powerful people like you and me can be when we organize. The fossil fuel industry is worried, and that’s why legislation like HB481 is showing up all across the country. But we aren’t intimidated, and we won’t back down.

Contact the Senate Judiciary Committee and remind them of this little thing called a First Amendment right — and to vote NO on HB481.

Villain & Hero of the Week

You know what really grinds our gears? Legislators who seem to care more about corporations than their own constituents. Well, Sen. Steve Fitzpatrick of Great Falls has a major love affair with corporate interests. This week, he brought forward SB379, a dangerous bailout bill that would cost Montana households $700 per year. We’re not joking.

Here’s a SB379 refresher: this bill would force NorthWestern Energy’s customers (this is you!) to foot the bill for Unit 4 of Colstrip, a 35-year-old coal-fired electrical power plant in Montana on its last dirty legs. The total cost? Approximately $1.9 billion.

Sen. Fitzpatrick used his opening argument to vilify feedback from the Public Service Commission (PSC), the elected body that regulates NWE. The PSC identified outrageous costs that would fall on consumers, covering Colstrip’s operation, reclamation, remediation (the list goes on) if the bill were to pass. Rather than address their concerns, Sen. Fitzpatrick came after the PSC’s competence, claiming their math was incorrect.

As it turns out, Sen. Fitzpatrick’s father was NWE’s main lobbyist for years. Here’s a message for Sen. Fitzpatrick: since you do a better job representing NWE’s interests than the actual people of Montana, why don’t you quit your day job and follow in your father’s footsteps? Contact your senator ASAP and let them know SB379 does not speak for the interests of Montanans.

Last week, Sen. Pat Flowers of Belgrade stepped up to uphold the rights of trans Montanans.

In the midst of a contentious floor debate on HB112, the bill to ban trans athletes from participating in sports that align with their gender, Sen. Flowers admitted that as an older cisgender white man and a sports fan, he, too, had initially been inclined to support these bans. He changed his mind, though, when he did what very few in the legislature seem to be willing to do: spoke with and listened to people who would actually be impacted. 

Sen. Flowers shared a letter opposing HB112 signed by over a hundred Montana women athletes. And reminded his colleagues this bill addresses a non-issue in Montana, emphasizing that not only is it a solution in search of a problem, but that the bill will become the problem.

Legislators have a duty to listen to the people whose lives they are legislating; Sen. Flowers, you have done just that. We appreciate your transparency, and it gives us hope to know that minds really can be changed. Thank you for being a voice of reason.

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Deep breaths. Drink water. We will get through this. We’ll see you next week.

*March 21, 2021*

Events this week:

Tuesday, March 23 — Voting Rights Legislative Happy Hour

Wednesday, March 24 — Climate Justice & Public Lands Legislative Happy Hour

Join us to ask questions on bills and practice crafting testimony!

Let’s talk about decorum

Decorum: a fancy word for appropriate conduct in the legislature. It’s causing quite a stir.

Last week, the House Rules Committee met to discuss what some legislators claimed to be a breach of decorum — a dress code “violation.” At the meeting, Chair Derek Skees of Kalispell proposed they adopt dress code rules from 2015 — rules that scrutinized women’s skirt lengths and necklines and made national news for their sexist, classist, and ultra-conservative nature. Rep. Sharon Stewart Peregoy of Crow Agency made the important point that decorum is not just about how legislators dress, but also about how they treat one another — a comment that Chair Skees, decorum violator extraordinaire, ignored.

The disrespect we’ve been consistently seeing from primarily conservative legislators is not only in violation of decorum, but it’s creating a toxic environment for people who want to participate in the political process. Last week, we watched legislators cheer at the thought of LGBTQ+ people being driven out of Montana — if you ask us, the dress code should be the LEAST of their concerns.

We will continue to hold our elected officials accountable for their unprofessional and disrespectful actions and we won’t let legislators bully us out of the democratic process.

Who gets more rights: the human or the egg?

Rep. Caleb Hinkle of Belgrade is advocating for a fertilized egg to have the same rights as a full-grown-ass Montanan. His bill, HB337, also known as the “personhood amendment,” would grant rights to an egg in the early stages of conception, often before a woman is even aware of the pregnancy. Make no mistake, this is an attempt to ban abortion entirely.

HB337 also has the potential to outlaw popular forms of birth control, including the pill, IUDs, and emergency contraception for victims of rape or incest. Our stomachs are churning.

During SIX previous legislative sessions, similar bills failed with bipartisan opposition. Montanans have not approved these measures in the past, and it’s time for legislators to start listening to the people they chose to serve.

Tell your senator to vote NO on HB337 and follow our friends at Planned Parenthood Advocates of Montana to stay in the loop!

Senate Bill Two-Hatey

SB280, introduced by Sen. Carl Glimm of Kila, would require transgender people to go to court AND present documentation of gender affirmation surgery in order to change the gender marker on their birth certificate. As we’ve said before and will continue to say until the end of time, trans people who don’t get surgery are still trans.

Refusing accurate identification to trans people puts them at risk of being outed any time they need to show ID, including applying for jobs or enrolling in school. Incorrect gender markers can expose trans people to discrimination, harassment, and violence. This is yet another piece of legislation that would make life harder for trans Montanans.

This bill will be heard in the House Judiciary Committee on Friday. Send the committee a message telling them to leave trans people alone and vote NO on SB280.

This bill “reasonably appears” to be terrible

Montana, like every other state in this country, has a problem with police brutality. In 2019, a report listed Montana as ninth in the nation per capita for fatal officer-involved shootings. The report identified at least 39 deaths at the hands of police officers in the state since 2012.

Montana also incarcerates Black, Indigenous, and people of color at drastically higher rates than white people. Increasingly over the last year, Montanans have turned out en masse to demand changes to the way police operate in our state.

Despite all of this, Sen. Jill Cohenour of East Helena has introduced a very concerning “law and order” bill, SB220. It would broaden the definition of felony assault on a peace officer to include the use of what “reasonably appears to be” a weapon, opening the door to all sorts of interpretation. Under this bill, someone could be charged with a felony for holding a toy gun, wallet, phone, or any other item if an officer thinks it’s a weapon. If passed, this bill would disproportionately affect BIPOC Montanans, as well as those who are unhoused or experiencing a mental health crisis.

Just last fall, an Indigenous man was arrested in Missoula after he threw a wallet and lighter at a police officer. The (white) officer was (obviously) not injured, as both items bounced harmlessly off of his bulletproof vest. Still, the man spent seven months in jail following this encounter, losing his job and his lease. His case was later dismissed. Under the terms of SB220, he could have faced a felony charge for throwing his wallet and lighter.

This bill will be heard on the House floor soon. Let your representative know that increased policing is not what our state needs and to vote NO on SB220.

Regulation rollbacks

Let’s pretend you live near a coal mine whose owners aren’t properly disposing of toxic waste. When it rains, the water washes coal tailings into the local river — your drinking water source.

You and your neighbors are worried so you file a complaint with the state, who confirms your water is polluted and tries to force the coal mining company to fix the problem. In retaliation, the coal company files a lawsuit, claiming the state’s regulation harms their business. The state can’t afford to pay the company, and its hands are tied. Your water supply remains polluted.

This is just one possible scenario under SB260, sponsored by Sen. Steve Fitzpatrick of Great Falls. Sound dystopian? SB260 could end up costing Montana over $600 million. When Oregon passed a similar law, the state faced $20 billion in claims.

The bigger picture? SB260 discourages regulation of all kinds, affecting public health and welfare. We don’t want our taxpayer dollars compensating industries for their irresponsible behavior. That shit’s expensive. Hold big industries accountable and let the House Business and Labor Committee know that SB260 is bad for public welfare and bad for Montana’s budget.

NorthWestern Energy is shady AF

You know what’s not cool? Energy monopolies that launch shameless attacks on regulations meant to keep corporations in check. You guessed it, we are talking about NorthWestern Energy (NWE).

Last week we heard two bills that give NWE even more power. How so? SB201, brought by Sen. Steve Fitzpatrick of Great Falls, would prevent Montana’s energy-regulating body, the Public Service Commission, from factoring the benefits of clean energy into their decision making when approving NWE’s energy acquisitions. This would enable NWE’s continued reliance on fossil fuels.

It doesn’t stop there. SB237, sponsored by Sen. Doug Kary of Billings and backed by NWE, would eliminate the Community Renewable Energy Projects program (CREP), which prompts the construction of small renewable projects throughout the state. Shady NWE has a long history of not investing in these projects, even though they’re required to by law. Now NWE is trying to dismantle the program completely rather than pay the fines.

All session long, NWE has been pushing bills that prioritize the company’s interests over Montanans. It’s time for NWE to get out of the people’s house! Contact your representative and tell them to vote NO on these devious anti-renewable energy bills.

Naked and afraid: voting rights edition

You know that recurring nightmare when, on the first day of school, you look down and you’re naked? That’s sorta how we’re feeling about the state of voting rights legislation.

HB176 is a bill to end same-day voter registration, a service which enabled 3,352 Montanans to vote in the 2020 general election alone. Then there’s HB406 — a bill whose very basis was already ruled unconstitutional. This bill would eliminate ballot collection services and keep groups like ours from helping deliver your ballot safely to your county elections office. Both bills are on their last leg before reaching the Governor.

It’s time to wake up from this voting rights nightmare. Tell your senator that they should NOT stand for HB176, and while you’re at it, shoot the Senate State Admin Committee a message telling them to vote NO on HB406.

In the event of an emergency, conduct business as usual

Hypothetically, let’s say all Montanans are aboard a plane enduring a harrowing journey. Before takeoff, the flight attendant had announced, “In the event of an emergency, oxygen masks will NOT drop from the ceiling and life vests ARE NOT beneath your seat. The CEOs were hoping to save some money, so good luck!”

Unfortunately, this is how some legislators are choosing to respond to the economic crisis caused by COVID-19: by eliminating basic safety measures that keep Montanans afloat during hard times.

Rep. Kathy Whitman of Missoula believes landlords should be able to kick people to the curb during emergencies like this one. She sponsored HB430, which would prohibit the Governor from banning evictions during unprecedented times. Emergency orders are vital to the protection of Montanans. When unemployment skyrockets and folks struggle to literally stay alive, collecting rent should be less of a priority than keeping our communities safe. Rep. Whitman, WWCPD? (What would compassionate people do?)

Villain & Hero of the Week

Rep. John Fuller of Whitefish has earned the villain title for the second time this session with his incessant attacks on transgender children in Montana. Worst hits include: HB112, the bill to prevent transgender kids from participating in sports; HB113, the bill to ban gender-affirming healthcare for minors; and HB427, the evil zombie twin of HB113 which also bans certain gender-affirming procedures. In a time of economic upheaval and public health crisis, Fuller has truly gone above and beyond in his priority to attack trans children.

The hearings on Fuller’s bills have all been chock full of inaccurate, hateful rhetoric, including from the sponsor himself. HB112 and HB427 both passed out of committee on party lines this week, despite overwhelming opposition and passionate testimony from Montanans — as of a few days ago, HB112 had racked up nearly 2,000 messages in opposition, compared to a mere few hundred in support.

It’s clear Rep. Fuller is more invested in pushing an ideological agenda than listening to the voices of his constituents. We need you to remind our representatives who they work for. Both HB112 and HB427 will likely be heard on the Senate floor this week, so message your senator ASAP and tell them to vote NO on these discriminatory bills.

Sen. Bryce Bennett of Missoula has been fighting fiercely to ensure that Montana is a state where everyone can thrive.

This session, Sen. Bennett has brought a handful of bills that would increase and protect Montanans’ access to the ballot box, including a bill that would have extended the period of regular voter registration, making it easier for Montanans to cast their votes. He has also been a fierce advocate for the protection of consumer privacy in Montana, an issue that is all too pressing in a rapidly digitizing world.

Bennett made history in 2010 when he was elected as the first openly gay man to serve in the Montana Legislature. In addition to the job he was elected to do, Sen. Bennett has also been a staunch advocate for LGBTQ+ Montanans in an often unfriendly legislative environment.

On Monday, Sen. Bennett was one of several speakers at the Rainbow Rally at the Capitol, where hundreds of LGBTQ+ Montanans and allies gathered in protest and celebration. Bennett spoke to the resiliency of LGBTQ+ people and reaffirmed his refusal to sit idly by as trans and queer people are attacked. He reminded the crowd, “there is too much on the line to sit on the sidelines,” and encouraged people to keep sharing their stories and showing up for their communities.

We appreciate you more than we can say. 

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P.S. In case you were wondering what our Governor is up to, he’s busy working on the most pressing issues facing Montanans right now — what people in Colorado are eating for dinner.