'A communist move': Lawsuit threatened over removal of county clerk's election duties

Supporters of Clerk and Recorder Sandra Merchant asked the Cascade County Commission on Friday to reverse its decision to remove election duties from her, saying they may sue the county for making the change.

“We’re gonna have to pay a lot of money to sue you, so thank you for making me sue my county,” said Julie Bass, who has worked closely with the Elections Office during Merchant’s tenure. “This was a communist move, to take our right to vote away.”

Commissioner Joe Briggs told the Daily Montanan the county takes comments about lawsuits seriously, but is secure in the county attorney’s legal analysis finding they’ve done nothing illegal. Briggs said the facts haven’t changed and therefore he’s not considering rescinding the resolution at this time.

Commissioners met Friday to begin discussions about selecting both an interim and then permanent elections administrator after voting 2-1 to rescind Merchant’s elections duties earlier this week. No selection was made nor names brought up as suggestions – the conversation will continue at a meeting on Tuesday.

The commission heard the calls to rescind the resolution during public comment prior to the end of the meeting. Fourteen people commented at the meeting following a full house earlier in the week when the commission took up the resolution.

Commissioner Rae Grulkowski, a Merchant ally, was the sole commissioner to vote against the resolution taking the election duties away from the Clerk and Recorder’s office, saying it wasn’t necessary. Other commissioners, James Larson and Briggs, said Wednesday their reasons for the resolution were what they saw as a need for a nonpartisan individual to serve as administrator and because of the lawsuits filed against the county for errors in past elections under Merchant.

There was some residual tension following the heated meeting Tuesday, with Briggs telling chatty audience members to simmer down.

“This is a meeting, people. If you want to go to a playground, please go outside,” Briggs said.

Someone responded Briggs needed to “be respectful of us too, Joe,” to which he immediately apologized.

But commissioners seemed largely to be amicable amongst each other, with one resident comparing their cooperation to a “Christmas miracle.”

Briggs told the Daily Montanan commissioners agree more than they disagree, “and we need to focus on that.

“We need to put the animosity behind and get the elections department up and running again.”

In response to emailed questions, Merchant said it was obvious to her Briggs and Larson had their minds made up before the meeting Tuesday and said she would have liked to see more public meetings before the decision was made.

“The people of the county now have to suffer the consequences of this baseless and unprecedented vendetta. It leaves County elections in the lurch and makes Cascade County look like a joke,” Merchant said.

Merchant confirmed she will be continuing in her role as Clerk and Recorder with these adjusted duties, but said it “remains to be seen” if she’ll be taking any action in response to the decision.

Commissioners and county officials still need to sort out plenty of details – like how the county will address resident needs from the Elections Office while an interim administrator is being selected, how to assist candidates meeting upcoming filing deadlines with the Secretary of State, as well as an issue deemed by one on-looker as “bucket gate.”

Commissioners and county officials expressed some confusion over why county maintenance allegedly acquired a bucket full of keys, including to where the vote tabulator is stored, from Merchant’s office when county officials requested to have her keys returned.

Neither Briggs, Larson, nor Public Works Administrator Les Payne said they were aware of the bucket of keys, an issue raised by Grulkowski. Briggs told the Daily Montanan the locks will be changed for the various county buildings, including the ExpoPark, so it’s clear who has access moving forward.

Commissioners also discussed storage of ballots from the 2020 election, preserved at the request of Rep. Lola Sheldon-Galloway, R-Great Falls, according to Briggs.

Briggs said the ballots were stored at Sheldon-Galloway’s request as the legislature might have wanted to examine them, but with the legislative session over and the destruction date long past, it’s time to consider destroying them.

Grulkowski also made clear she didn’t want to see a pay drop for Merchant with the enforcement of the resolution. Briggs said a reduction wouldn’t be legal so is not being considered.

During public comment, Svetlana Pinocci, wife of Public Service Commissioner Randy Pinocci and elections office staff member, said staff found it “intimidating” human resources asked how many staff members planned to remain working there without Merchant.

Resident Jan Wenaas asked commissioners to rescind the resolution and said she was concerned about the “muddiness” of the processes and what she perceived as a county “takeover” by Briggs.

“I am so disappointed in the other two county commissioners that just feel that they have all the power and to do what they want,” she said. “And it’s really interesting because they are supposed to be Republican.”

The commission is scheduled to meet again to resume the discussion at 10 a.m. Tuesday.

Editor’s Note: This story has been updated to include comment from Clerk and Recorder Sandra Merchant.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

'Tyrannical move': Montana county clerk stripped of election duties

Election duties have been removed from Cascade County Clerk and Recorder Sandra Merchant after months of errors in recent county-run elections, at least two related lawsuits filed, and a federal election looming in 2024.

After hearing from nearly 100 residents from both sides for almost seven hours, Cascade County Commissioners voted 2-1 Tuesday to move election duties under the commission’s purview. Merchant will continue overseeing other Clerk and Recorder duties, like surveying, and the commission will hire an elections administrator.

“I brought this forward because I believe it was the right thing to do,” Commissioner Joe Briggs said at the meeting. “I do not do this lightly.”

Opposition to the resolution to make the change included two preachers, several legislators and the Montana GOP chairman. A number of commenters said passing this resolution was a “tyrannical move” turning the county into a “Banana Republic.” They claimed the move “nullified” the votes of people who put Merchant in office in November 2022. Others conceded it was legal, but unwise. Merchant said the decision was “political and probably personal.”

Supporters of the resolution said there was enough evidence already Merchant was “in over her head” and feared the county would look “foolish” in the national spotlight in the upcoming federal election.

The resolution, brought by Briggs, cited the lawsuits against the county “for irregularities and technical errors in the elections she has thus far conducted” and the expense of litigation the county is incurring as well as the potential cost of rerunning one or more elections.

Merchant was elected by less than 40 votes in Nov. 2022, beating out 16-year incumbent Rina Moore.

Merchant said Tuesday people voted for her in opposition to Moore, who people didn’t want running elections as she was on the ballot. Briggs said at the time the only way to get rid of Moore was to vote her out, Merchant relayed.

“So in November of 2022, over 14,000 people voted her out as Mr. Briggs had suggested,” Merchant said. “They elected me instead.”

Since she took office in January, two jurisdictions sued the county for Merchant’s handling of their May elections and the Great Falls Public School District requested the county assume elections duties in September, citing a lack of communication from Merchant.

The resolution vote Tuesday came after a problematic canvass for the November municipal results, with the meeting going well into the night before Thanksgiving, with commissioners tallying results separately into the evening and being unable to complete the canvass until the following week. Canvasses under Moore and in other counties normally has taken less than a few hours. Briggs “reluctantly” voted to approve the canvass results, with concerns remaining around neighborhood council tallies.

Commission Chairperson Rae Grulkowski, a Merchant ally and far-right Republican on the all GOP commission, was the sole vote against the resolution to remove election duties from Merchant.

Grulkowski said the commission should have communicated better internally instead of holding a “six-hour lynching.”

“What we’re doing is creating more problems without answers,” Grulkowski said.

The resolution would also require commissioners on the ballot on a given election year to abstain from oversight of election duties. Grulkowski said during the meeting next year would mean her abstention.

The commission recently took another 2-1 vote, with Grulkowski opposed, to change how commission leadership is chosen, by majority vote instead of rotation. The change means Grulkowski’s days as chairperson could be ending soon as the commission will vote in January to select a chairperson.

At the meeting, Briggs made clear he’s unsure how they will fill the elections administrator position, given the employment market.

“But the problem exists now, and I truly believe that has to be fixed now,” Briggs said.

Rep. Steven Galloway, R-Great Falls, said he was concerned about filling the position and said he’s been in study groups examining why it’s hard to hire employees now.

“You can’t find employees because the population is decreasing – through people not having kids, having abortions, we’ve got folks that are retiring,” Galloway said.

Montana has seen a population spike in recent years, enough to warrant a new congressional district, but Great Falls has not seen the population spike as other cities in the state have, only growing 4.5% since 1969.

Across the country, and in Montana’s Lincoln County earlier this year, elections officers have been leaving their jobs after experiencing intense rhetoric following false claims stemming from former President Donald Trump of a stolen election in 2020.

When talking about the resolution, Commissioner James Larson cited concerns about anti-Library Levy signs being on display in the Elections Office when the county was gearing up to vote on whether to levy additional funds for the Great Falls Public Library in June. This is the same election where the library successfully went to court to have a judge institute an election monitor to oversee the election process due to concerns over how the May elections were run. The levy passed.

Larson and Briggs said it was time for a non-partisan person to oversee elections in the county, a move Briggs said he introduced when former Clerk and Recorder Moore was in charge but didn’t have the votes to move forward at the time.

Sen. Jeremy Trebas, R-Great Falls, was among several commenters who took aim at Briggs in their comments opposing the resolution, saying it “reeks of political favoritism.”

“Commissioner Briggs, you want local control. Well, this is local out of control, and it’s likely time the legislature strip you of some of your duties,” Trebas said. “Come on tough tusks, do the right thing.”

Montana GOP Chairman Don Kaltschmidt asked the commission to find another way to address the issue outside of the resolution stripping election administration from Merchant, “with a path forward that will allow her to perform her duties she was elected to while ensuring the election process in Cascade County is safe, secure and organized.”

Great Falls Public School District Superintendent Tom Moore said the legal counsel the district acquired from the fallout of the last school board election cost taxpayers $17,000 and said the district has no intent on running elections themselves. He said elections officials are paid to run elections “without controversy.”

“And that’s all we’re asking for,” Moore said.

School Board member Paige Turoski said the letter the school district sent requesting the county take over elections was sent without board approval, and Turoski was opposed to the resolution.

“Putting somebody else in charge of the elections this close to our election in May has the potential to cause greater problems and make it so that there are issues certifying our results this coming May,” Turoski said.

Local activist and former Democrat candidate for the legislature Jasmine Taylor, however, said time is of the essence. Taylor is a part of the citizen watchdog group the Election Protection Committee.

“There was never going to be a good time to bring this resolution. You were always going to make someone unhappy,” she said. “If these errors continue to occur next year in a federal election, you will not be worrying about a citizens action group monitoring you – you will be worrying about millions of dollars from federal candidates suing us into oblivion and making our county look foolish in front of the entire nation.”

Democrat U.S. Sen. Jon Tester will be fighting to keep his seat next year in a race that’s expected to be tight, with the nation looking to see if Democrats keep a slim majority in the U.S. Senate or if Republicans take control. Bozeman businessman Tim Sheehy is so far the most prominent Republican to announce.

The commission has an executive meeting scheduled for Dec. 15 titled “Organizing Election Department with County Attorney-Commissioners” on the county calendar.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Republican candidate falsely states there are more bears than people in Montana

Montana has more cows than people, but more bears? Not exactly.

Republican candidate for U.S. Senate Tim Sheehy said in a recent interview with Breitbart News there were more bears than people in Montana, which estimates don’t support, and by a long shot.

“This is a state where there’s not a lot of people. There’s more cows than people, there’s more bears than people, and we’re not used to having a lot of political clout. Presidential elections or electoral votes don’t mean a whole lot, ” Sheehy said in the interview.

Sheehy, who would face Democrat incumbent U.S. Sen. Jon Tester in a general election, made this statement trying to put Montana’s smaller population in context. Sheehy’s comment more cows roam the state than people is accurate, as reported by Montana Free Press, but experts in the state said Sheehy’s bear comment was wildly off the mark.

Sheehy did not return a request for comment made through his campaign website by press time.

In the interview, Sheehy said Montana’s population size is related to its “political clout,” something he said was changing with the upcoming Senate race against Tester, one that could determine party control in the chamber in Washington, D.C.

Sheehy has been endorsed by Chairman of the National Republican Senatorial Committee and Montana Republican U.S. Sen. Steve Daines, as well as Gov. Greg Gianforte, and he currently runs unopposed in the primary.

However, U.S. Rep. Matt Rosendale is a favorite among many Montana Republican leaders and is weighing a run. Rosendale lost to Tester in 2018 for the same seat.

Either way, Montana already has at least some power, or “clout.”

Daines serves as NRSC chairperson and Tester sits as chairperson of the Senate Veterans’ Affairs Committee and Defense Appropriations subcommittee. This summer, children won a lawsuit against the state on climate, drawing international headlines for the first-of-its-kind trial.

According to U.S. Census data from 2022, there are more than 1.1 million people living in Montana, and Greg Lemon with Montana Fish, Wildlife and Parks said Tuesday the bear population isn’t that high in the state.

“Fewer bears, deer, elk, combined than people,” Lemon told the Daily Montanan.

He said the department doesn’t track population estimates within the state’s border, but within the different recovery ecosystems that are largely in the state, so he did not have a solid number handy to report.

He said bears, especially in the Greater Yellowstone area, travel back and forth over the state line all the time, and bears outside the ecosystems the department is tracking don’t get counted.

However, he was confident there weren’t more than 1 million bears in the state. Grizzlies were placed on the federal Endangered Species list in 1975 and are protected in all lower 48 states. FWP told the Daily Montanan in July the state has more than 2,100 grizzly bears.

FWP Bear Manager Jamie Jonkel said Montana is lucky it can hold a few more bears, and the estimate by the candidate was off.

“Stretching that a little bit,” Jonkel said with a laugh.

He said black bear populations are “at capacity” and grizzly populations are expanding, but still nowhere near the million mark.

“You could fit all the grizzlies in Montana in the city kid’s theater here in Missoula, if you wanted to,” Jonkel said.

He said it’s “far fetched” to imagine what the state would look like with more than one million bears. Jonkel said with the amount of development that’s happening in the state, and the habitats being lost, people need to pay attention to preservation.

“We should be tickled pink we still have good wild country here that can hold a grizzly, can hold a lynx, can hold a wolverine or a fish,” he said.

Although Sheehy’s statement was a far exaggeration, some people might feel that animals are encroaching on their turf. Sheehy’s comment comes after a slew of grizzly altercations with humans in the state this summer. A woman was killed by a grizzly near West Yellowstone in July, a hunter recently was severely injured in a grizzly attack near Big Sky and a hunter near Fairfield shot and injured a grizzly.

September is Bear Aware Month in Montana, and FWP is hosting educational events as well as posting videos for people living in bear country to do so safely.

Bear Aware Tips from FWP:

Avoiding conflicts with bears is easier than dealing with conflicts. Here are some precautions to help residents, recreationists and people who work outdoors avoid negative bear encounters:

  • Carry bear spray and be prepared to use it immediately.
  • Make noise to alert bears to your presence and travel in groups.
  • Stay away from animal carcasses, which often attract bears.
  • Follow food storage orders from the applicable land management agency.
  • If you encounter a bear, never approach it.
  • Leave the area when it is safe to do so.
  • Keep garbage, bird feeders, pet food and other attractants put away in a secure building.
  • Keep garbage in a secure building until the day it is collected.
  • Certified bear-resistant garbage containers are available in many areas.
  • Never feed wildlife.
  • Bears that become food conditioned lose their natural foraging behavior and pose threats to human safety. I
  • t is illegal to feed bears in Montana.

People who hunt in places that have or may have grizzly bears—which includes areas of Montana west of Billings—should take special precautions:

  • Carry bear spray and be prepared to use it immediately.
  • Watch for and be extra cautious around bear sign, creeks and areas with limited visibility.
  • Hunt with a group of people.
  • Making localized noise can alert bears to your presence.
  • Be aware that elk calls and cover scents can attract bears.
  • Bring the equipment and people needed to help field dress game and remove the meat from the kill site as soon as possible.
  • If you need to leave part of the meat in the field during processing, hang it at least 10 feet off the ground and at least 150 yards from the gut pile. Leave it where it can be observed from a distance of at least 200 yards.
  • Upon your return, observe the meat with binoculars. If it has been disturbed or if a bear is in the area, leave and call FWP.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Zephyr working from bench outside Montana House floor; while her committee meetings cancelled

Censured and removed from the Montana House floor, Rep. Zooey Zephyr arrived for work on Thursday morning and made a makeshift “Desk 31,” her desk number assigned by the Legislature, down the hallway just feet away from where 99 other representatives were seated.

Zephyr said House Speaker Matt Regier, R-Kalispell, told her she’d have to move.

“The Speaker came and told me ‘You can’t be here, this needs to be for the public,’” Zephyr said. “And I said I want to be as close as I’m allowed to be. Am I allowed to be here?”

After that, Minority Leader Kim Abbott, D-Helena, said she spoke with the Speaker so that Zephyr would be allowed to be in the hallway on a bench, which is usually occupied by lobbyists and visitors.

Regier said he was worried about the hall being blocked, but said after it was determined there would be no issue there, Zephyr was in the clear.

Armed with a pile of bills, messages from constituents, a laptop and cup of coffee, Zephyr conducted business barely remotely while Republican leadership announced that the committees on which Zephyr serves will no longer be meeting for the remainder of the legislative session.

That move drew the attention and rebuke from Democrats in the House.

Rep. Laurie Bishop, D-Livingston, on the House floor, said it was a move to keep Zephyr out of the process. Bishop served alongside Zephyr on the House Judiciary committee. House Human Services will also not be meeting for the remainder of the session.

Bills that were scheduled to be heard in the House Judiciary committee were “blasted” to the floor on Thursday and bills that would have typically been heard in those committees were re-referred to other still-active committees.

Zephyr told the Daily Montanan it appeared to her that “they’re making sure that the committees I am a part of no longer meet.”

“This is an additional undemocratic step taken by the leadership of the Republican Party for the disenfranchised voters who elected me to represent them in the people’s House,” Zephyr said.

Chairwoman of House Judiciary Rep. Amy Regier, R-Kalispell, said that she didn’t have anything left to schedule so she did not have any plans. She is Speaker Regier’s sister.

Zephyr is the first openly transgender woman elected to the Montana Legislature. Zephyr was censured by House Republicans Wednesday after a protest broke out on Monday after Regier for a third time did not recognize Zephyr’s request to speak on the floor.

During the motion to censure, Majority Leader Sue Vinton, R-Billings, said Zephyr would be barred from the House floor, gallery and anteroom, which legislators walk through to get to the floor.

“This is above and beyond the actions the body has taken,” Zephyr said.

Bishop said that other committees have been able to figure out how to meet during the final days of the session.

“The conclusion that I’m coming to is that we were kept from that committee and the work assigned to that committee and waiting for us to do in that committee because of the member from House District 100 and trying to keep her from the process we do there,” she said.

Zephyr said just as Republicans used the decorum process to censure her, they are using the referral process to further cut her out of the process.

“It’s inherently undemocratic. It shouldn’t be,” she said.

Rep. Casey Knudsen, R-Malta, said on the House floor that he could see how Bishop could come to the conclusion she did, but that veterans of the legislature know that things move quickly towards the end of the session and that this is just part of the process.

“Balls get dropped, we try to pick them up as best we can, and sometimes that means doing things a little bit differently than they’re done a lot of the rest of the time,” Knudsen said. “I don’t think there was anything incorrect done, just trying to get the business of the people taken care of.”

Rep. Kelly Kortum, D-Bozeman, tweeted that the Business and Labor committee heard an abortion pill study bill, “despite it being more suited for Judiciary or Health and Human Services committees.”

“Disrupting the process for petty revenge?”

Republicans argued the censure was a proper response to the protest and to the “blood on your hands” comment Zephyr made during a debate on a bill to ban gender-affirming care for minors. Democrats have said the reaction from Republicans has been extreme and undemocratic.

“I showed up this morning, head held high, ready to do the work,” Zephyr said. “I have been talking to legislators that come in and out of the body to make sure that they understand my positions.

“Every time a bill is heard on the House floor, there’s 11,000 Montanans who don’t get to have their representative participate in that debate and discussion.”

There are seven legislative days left in the 2023 legislative session.

“We have a lot of legislation alive considering our numbers, and we want to make sure that we’re paying attention and focusing on delivering on those priorities: housing, childcare, property tax relief, provider rates,” Abbott said.

Zephyr has received national and international attention after being censured on the floor.

“What you’re seeing at the national level is communities who are impacted by legislation rising up and saying these bills harm us, these bills get us killed,” she said. “It’s not enough for them to get their bills through. They want us to be silent.”

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Banned transgender lawmaker working from bench outside Montana House floor

Censured and removed from the Montana House floor, Rep. Zooey Zephyr arrived for work on Thursday morning and made a makeshift “Desk 31,” her desk number assigned by the Legislature, down the hallway just feet away from where 99 other representatives were seated.

Zephyr said House Speaker Matt Regier, R-Kalispell, told her she’d have to move.

“The Speaker came and told me ‘You can’t be here, this needs to be for the public,’” Zephyr said. “And I said I want to be as close as I’m allowed to be. Am I allowed to be here?”

After that, Minority Leader Kim Abbott, D-Helena, said she spoke with the Speaker so that Zephyr would be allowed to be in the hallway on a bench, which is usually occupied by lobbyists and visitors.

Regier said he was worried about the hall being blocked, but said after it was determined there would be no issue there, Zephyr was in the clear.

Armed with a pile of bills, messages from constituents, a laptop and cup of coffee, Zephyr conducted business barely remotely while Republican leadership announced that the committees on which Zephyr serves will no longer be meeting for the remainder of the legislative session.

That move drew the attention and rebuke from Democrats in the House.

Rep. Laurie Bishop, D-Livingston, on the House floor, said it was a move to keep Zephyr out of the process. Bishop served alongside Zephyr on the House Judiciary committee. House Human Services will also not be meeting for the remainder of the session.

Bills that were scheduled to be heard in the House Judiciary committee were “blasted” to the floor on Thursday and bills that would have typically been heard in those committees were re-referred to other still-active committees.

Zephyr told the Daily Montanan it appeared to her that “they’re making sure that the committees I am a part of no longer meet.”

“This is an additional undemocratic step taken by the leadership of the Republican Party for the disenfranchised voters who elected me to represent them in the people’s House,” Zephyr said.

Chairwoman of House Judiciary Rep. Amy Regier, R-Kalispell, said that she didn’t have anything left to schedule so she did not have any plans. She is Speaker Regier’s sister.

Zephyr is the first openly transgender woman elected to the Montana Legislature. Zephyr was censured by House Republicans Wednesday after a protest broke out on Monday after Regier for a third time did not recognize Zephyr’s request to speak on the floor.

During the motion to censure, Majority Leader Sue Vinton, R-Billings, said Zephyr would be barred from the House floor, gallery and anteroom, which legislators walk through to get to the floor.

“This is above and beyond the actions the body has taken,” Zephyr said.

Bishop said that other committees have been able to figure out how to meet during the final days of the session.

“The conclusion that I’m coming to is that we were kept from that committee and the work assigned to that committee and waiting for us to do in that committee because of the member from House District 100 and trying to keep her from the process we do there,” she said.

Zephyr said just as Republicans used the decorum process to censure her, they are using the referral process to further cut her out of the process.

“It’s inherently undemocratic. It shouldn’t be,” she said.

Rep. Casey Knudsen, R-Malta, said on the House floor that he could see how Bishop could come to the conclusion she did, but that veterans of the legislature know that things move quickly towards the end of the session and that this is just part of the process.

“Balls get dropped, we try to pick them up as best we can, and sometimes that means doing things a little bit differently than they’re done a lot of the rest of the time,” Knudsen said. “I don’t think there was anything incorrect done, just trying to get the business of the people taken care of.”

Rep. Kelly Kortum, D-Bozeman, tweeted that the Business and Labor committee heard an abortion pill study bill, “despite it being more suited for Judiciary or Health and Human Services committees.”

“Disrupting the process for petty revenge?”

Republicans argued the censure was a proper response to the protest and to the “blood on your hands” comment Zephyr made during a debate on a bill to ban gender-affirming care for minors. Democrats have said the reaction from Republicans has been extreme and undemocratic.

“I showed up this morning, head held high, ready to do the work,” Zephyr said. “I have been talking to legislators that come in and out of the body to make sure that they understand my positions.

“Every time a bill is heard on the House floor, there’s 11,000 Montanans who don’t get to have their representative participate in that debate and discussion.”

There are seven legislative days left in the 2023 legislative session.

“We have a lot of legislation alive considering our numbers, and we want to make sure that we’re paying attention and focusing on delivering on those priorities: housing, childcare, property tax relief, provider rates,” Abbott said.

Zephyr has received national and international attention after being censured on the floor.

“What you’re seeing at the national level is communities who are impacted by legislation rising up and saying these bills harm us, these bills get us killed,” she said. “It’s not enough for them to get their bills through. They want us to be silent.”

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Protesters scream, arrests follow after Montana Speaker doesn’t recognize transgender lawmaker

Rep. Zooey Zephyr, D-Missoula, stood at her seat in the Montana House Chamber with her microphone in the air, while the other representatives evacuated the floor as shouts of “Let her speak!” echoed from protesters in the House gallery above.

Protesters threw gloves covered in fake blood on the House floor Monday as police with batons and helmets made arrests and cleared the House Gallery and dissenters continued to shout.

Zephyr, the first transgender woman elected to the Montana state house, had punched in to speak, and Minority Leader Kim Abbott, D-Helena, stood up, along with fellow Democrats, to say Speaker Matt Regier, R-Kalispell, had not recognized Zephyr.

Emotion was high on the sidelines as Democrats held back tears in solidarity with Zephyr. Law enforcement arrested at least seven protestors in all, including some who were detained in the gallery during the demonstration.

Monday was the third time Zephyr had requested to speak and not been recognized on the House floor— after not being recognized last week in an event that drew national news.

During the debate last week on Senate Bill 99, a bill to ban gender affirming care for minors, Zephyr said Republicans would have “blood on their hands” if they voted for it, in reference to the high youth suicide rate associated with cutting off access to gender affirming care.

The gloves hitting the House floor were meant to be symbolic of Zephyr’s comments.

In defending his decision to not call on her, Speaker Matt Regier, R-Kalispell, argued last week her statement that those who supported the bill should be “ashamed” of themselves was out of line. He has refused to recognize her on the floor since.

In response, her constituents and other supporters mounted their own calls for Regier to remove the muzzle from Zephyr.

Before the floor session, Shawn Reagor of the Montana Human Rights Network estimated more than 400 people rallied in front of the capitol building calling for Zephyr to be recognized on the floor Montana Highway Patrol officers estimated anywhere from 200 to 300.

Two banners that spanned the width of the Capitol steps said “Democracy Dies Here” in red letters. Signs in the crowd read “Trans Lives matter more than Republican feelings” and “Equal Rights for All Montanans.”

“They picked me in this moment because I said a thing that got through their shield for a second,” Zephyr said before the crowd. “Those in power aren’t content with just passing those hateful, harmful bills. What they’re demanding is silence and we will not be complicit in our eradication.”

Rep. SJ Howell, D-Missoula, said they would not be the “barometer of the trans community” with people comparing them and Zephyr.

“Thank God Zooey and I aren’t exactly the same,” Howell said. “I will not be the ‘good’ trans person.”

Speakers also included Izzy Milch with Forward Montana and Gwen Nicholson, who announced their campaign for Missoula City Council at the rally.

After the rally, many people who attended the demonstration sat in the House gallery, which seats 189 and was mostly full.

Before legislators started hearing bills, Majority Leader Sue Vinton, R-Billings, called for consideration of amendments to a bill to ban drag in public venues in Montana to be moved to the end of a long session, and a majority of the legislators voted yes.

That move nor the Speaker asking participants in the gallery to refrain from cheering and booing didn’t stop the uproar that ensued when Zephyr was again not recognized.

During debate, Zephyr requested to speak on Senate Bill 518, a bill sponsored by Sen. Theresa Manzella, R-Hamilton, that mainly concerns parental rights.

The bill includes language that requires parent permission for a student to be called by pronouns that don’t align with their sex and also says someone would be able to disregard pronouns that don’t align with the child’s sex.

Rep. SJ Howell, D-Missoula, said during debate that “this issue of pronouns has a lot of different people feeling a lot of different ways.”

“I understand pronouns are not for the faint of heart,” Howell said. “I also think this is something for families to deal with.”

The speaker would not recognize Zephyr, however. The House took a vote to back his decision, and Rep. David Bedey, R-Hamilton, and Rep. Gregory Frazer, R-Deer Lodge, joined Democrats in voting against the ruling of the chair.

One person in the gallery yelled “bulls–t,” and others started chanting.

Rep. Melissa Romano, D-Helena, said she felt a lot of empathy for her seatmate, Zephyr, as she stood resolute.

Montana House Sergeant of Arms Bradley Murfitt at one point approached Zephyr. He later said he was asking her to calm her people down.

After police forced protesters out of the gallery, Zephyr left the House chamber and followed them into the halls of the Capitol.

“I love you!” shouted activist Paul Kim to Zephyr as he was being arrested. “You’re the best thing to ever happen to this state!”

Kim explained the reason Zephyr’s voice is important while he was waiting to be taken to jail.

“In this country you don’t get many rights but one of the things you do get is an elected representative, and 11,000 Montanans are waiting for Zooey Zephyr to speak for them, to represent the interest of trans people in the state who belong in the state as well,” Kim said. “It’s not just … the old white men who run the show over here. It’s every single person. Montana is big enough for all of us, and I think it has space for all of us.”

Zephyr, who had gone voluntarily to the county jail where her supporters had been taken, thanked her community in a statement Monday.

“When my constituents and community members witnessed my microphone being disabled, they courageously came forward to defend their democratic right to be heard- and some were arrested in the process,” Zephyr said. “I stood by them in solidarity and will continue to do so.”

Abbott similarly said the House saw Montanans show up and engage in the democratic process, with some getting arrested.

“To me, it’s an incredible statement in support of the trans, nonbinary, and two-spirit community–and against the Republican agenda that would strip our neighbors of their basic rights, dignity, and humanity,” Abbott said in a statement.

But Republican House leadership characterized the protest as a “riot by far-left agitators” in a statement, saying dissenters “endangered legislators and staff.”

“Their actions did not represent Montana values. We want to thank our law enforcement for maintaining order and protecting the safety of everyone at the Capitol,” a joint statement from Regier and Majority Leader Vinton.. “House Leadership will still stand firm in our commitment to decorum, safety, and order. We will uphold the people’s will that sent 68 Republicans to Helena.”

Earlier in the day, Montana Federation of Public Employees President Amanda Curtis delivered a petition asking House Speaker Regier to allow Zephyr to speak.

MFPE counted more than 3,200 signers, and supporters walked to unroll the paper with signatures down the hall and around the corner until it unfurled all the way.

“We, the undersigned citizens of Montana, request that you allow all democratically elected representatives to speak on the House floor,” said the petition, which Curtis read. “By refusing to recognize Rep. Zooey Zephyr, you are silencing the voices of over 10,000 Montanans.

“In our democracy, elected leaders must be able to represent their constituents.”

The petition was titled “Speaker Regier: Don’t Silence 10,000 Montanans.” Curtis handed the document to the House sergeant of arms after the reading and unfurling.

“Montanans expect, and respect, dissent and debate from our elected leaders,” the MFPE petition said. “We ask that you honor Montana’s democracy and let Rep. Zephyr do her job for her constituents.”

Manzella said following the floor session she had not yet seen the debate on her bill in the House, but had heard protesters. After legislators returned to the floor they voted 60-39 to pass her bill on second reading, an outcome Manzella said she was pleased with.

The gallery had cleared at that point.

The Senate Amendments to House Bill 359 from Rep. Braxton Mitchell, R-Columbia Falls, that “gut” the original bill that banned drag performances on public property was discussed with little fanfare after protesters had left. Vinton had moved discussion of the bill to the end of the agenda at the top of the floor session.

Following the floor session, the Montana Freedom Caucus put out a statement saying they condemned the actions of “the violent protestors in the capitol building today” and called for “immediate disciplinary action” against Zephyr.

“The actions of a small minority of people disrupted the business of all Montanans and continues to show why we must enforce the rules of decorum when engaged in public debate,” the statement read. “Representative Zephyr encouraged these actions by standing in the middle of the floor encouraging an insurrection after all members were told to move to the sides and clear the House gallery to remain in a safe location.”

House Leadership has not said if they intend to discipline Zephyr.

Rep. Mike Hopkins, R-Missoula, said following the floor that he didn’t expect for them to do more than deny recognition.

“I can’t really think of what the extra consequence would be if there was one,” Hopkins said.

Keila Szpaller of the Daily Montanan contributed to this report.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

‘Absolutely insane’: Montana official says cops were called after election skeptics escalated their tactics

Law enforcement was called Friday after a group of election integrity skeptics in Cascade County escalated tactics, circling the county office and waiting for election officials and staff to come outside, according to County Clerk and Recorder Rina Moore.

The last year already had been an “absolute nightmare” for her and her elections staff because the skeptics called for the hand counting of paper ballots, among other unrealistic demands, Moore said.

Moore said Friday, the group waited for Moore and her staff, along with election observers from both parties, in the parking lot after they had been working to prepare provisional ballots to be counted Monday along with military ballots and ballots that may need to have signature issues resolved if they don’t match or a voter forgot to sign.

The doors were locked as it was a holiday, and Moore said they didn’t want them unlocked with no one else in the building. But she said people called her staff and said they thought it was strange employees were in the office on Friday and “we just want to make sure you’re not fixing this election for Rina.”

Moore was up for re-election as Clerk and Recorder and is behind her opponent, Sandra Merchant, by 20 votes, according to the Secretary of State’s website.

Merchant did not respond to an interview request this week about her race. Saturday, she did not immediately respond to a voicemail or text message about whether she was aware of the group circling the building or had worked with any of them.

Moore said the group took videos and photos of staff along with their car license plate numbers and that the Cascade County Sheriff’s Office was called.

“They’re horrible people,” Moore said. “They circled our building. We just kept seeing a white car going up and down, you know, by the alley over and over again. There was a guy out there in camouflage.”

Since-debunked conspiracies around election integrity took off around the U.S. after former President Donald Trump denied election results in 2020.

In Montana, a work group made up of representatives from organizations and stakeholders across the state, including legislators from both parties, found Montana’s election system to be safe and secure. The group also created a website with the information from the FAQ at https://votinginmontana.org/.

Moore said the Sheriff’s Office told her and her staff to keep their heads down and not engage the group, and to call law enforcement immediately if they need help. Staff are afraid, she said, in some cases fearing the activity will escalate to physical violence.

Moore said after four complaints were made to the County Attorney’s Office regarding the election, the Sheriff’s Office was called on Wednesday to escort the van carrying ballots from the Exhibition Hall at Montana ExpoPark, where ballots were cast, across town to her office. She said it was a first for unopened ballots in the 16 years she’s been doing the job.

The Sheriff’s Office did not immediately respond for comment.

“They have no idea what the process is, they don’t want to ask, they just want to accuse,” Moore said. “These people are absolutely insane.”

Moore said when the last ballots are counted Monday, attorneys, all three county commissioners and at least two deputies from the Sheriff’s Office will be in attendance.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Montana to reallocate workforce training funds to help businesses automate: report

Lawmakers on an advisory commission voted this week to reallocate $6 million in workforce training funds to an automation loan program for businesses in the state, with several members of the public in opposition.

Liane Taylor of the Department of Commerce said that training funds had not been utilized, with nearly $1.2 million awarded to businesses but only $128,000 dispersed. Taylor said businesses are struggling to find employees and people don’t want to work physically demanding manufacturing jobs.

However, Amanda Frickle, Montana’s union federation AFL-CIO Political Director, said that the application process for the training funds was “onerous,” with a grants cap that was “too restrictive” to onboard the necessary number of apprentices, as reasons why the department didn’t see more applications. She said the state is dealing with a workforce shortage issue that won’t be fixed with equipment upgrades.

“It is disappointing that we haven’t really dug into how we could have made that program work and instead are talking about diverting funds,” she said.

The automation program would use federal funds from the American Rescue Plan Act to assist Montana businesses seeking to automate or modernize their existing operations, according to Taylor. Lawmakers on the ARPA Economic Transformation and Stabilization and Workforce Development Advisory Commission took up the topic Tuesday.

“The program is not designed to reduce the number of jobs but instead to retain jobs, and upskill existing manufacturing workforce by updating or replacing production equipment,” Taylor said.

Frickle said in her comments that she could see investments in both training programs as well as equipment upgrades.

Quinton Queer said he operates a training center for plumbers and pipefitters in Butte and that it was very difficult for existing programs to access funds. He said he consistently has a list of 20 to 30 applicants.

“There’s people out there ready to go to work,” Queer said. “They’re not willing to work in lower paid jobs.”

The Department of Labor and Industry certified over 700 apprenticeships in 2022, far surpassing totals in recent years.

House Minority Leader and commission member Rep. Kim Abbott, D-Helena, said that she would be opposing the reallocation of funds. She said she supported looking back at the barriers to accessing the training funds.

“Without safeguards to make sure that we’re not displacing workers and without looking at some of the barriers to the initial program, I’m going to be a no on it,” Abbott said.

Republicans on the advisory commission voted in favor of the proposal, which will need final approval from Gov. Greg Gianforte.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.

Women from 'trigger law' states banned from medical abortions at Planned Parenthood of Montana: report

Planned Parenthood of Montana will no longer be providing medication abortions to patients in South Dakota and three other states with “trigger laws,” according to an all-staff email sent by organization President and CEO Martha Fuller Thursday.

South Dakota, along with Arkansas, Missouri and Oklahoma, have total bans on abortion care that went into effect via “trigger laws” that went into effect after the U.S. Supreme Court overturned Roe vs. Wade — the case which had guaranteed some form of federal protection for the medical procedure.

In Fuller’s email she said that PPMT has seen a “significant number of patients” seeking care from South Dakota.

Every state bordering Montana has “trigger laws” in place, with South Dakota’s already in effect and Wyoming and North Dakota to follow within a month. Planned Parenthood filed a lawsuit with Idaho’s Supreme Court earlier this week to block its trigger law banning nearly all abortions, the Idaho Capital Sun reported.

Fuller said in the email to comply with the change, all medication abortion patients would be required to provide proof of residency.

“The risks around cross-state provision of services are currently less than clear, with potential for both civil and criminal action for providing abortions in states with bans,” Fuller said in the email.

Fuller did not go into detail in the email as to what documents would be acceptable to prove residency, but did say the organization would be providing guidance to clinical staff, adding that they may not be able to identify all acceptable forms of proof immediately.

“We do not enter this lightly, and recognize that this change disproportionately impacts Indigenous patients,” Fuller said.

Fuller’s email was sent to Planned Parenthood of Montana staff Thursday afternoon and was made public on Twitter not long after.

In a statement, Fuller addressed that Planned Parenthood will continue to serve patients from out of state who are seeking abortion.

“Now that the Supreme Court has overturned Roe, we must make decisions around the provision of abortion care in consideration of the rapidly changing landscape for abortion access across the country and amid the cruel intention of anti-abortion politicians to sow chaos and confusion,” Fuller’s statement read. “No matter what, Planned Parenthood of Montana will do whatever we can to protect patients, providers, and health center staff. Access to abortion in Montana remains constitutionally protected and is available.”

Patients from states with abortion bans that take effect after six weeks, like Texas and Ohio, would not be able to attain medication abortion care after that time from PPMT. There will be no change to surgical abortion care provided by the Montana non-profit.

Wyoming and North Dakota also have “trigger laws” that will likely go into effect in the next 30 days.

As reported by the Montana Free Press, abortion providers in Montana have been preparing for a surge in out-of-state patients in the run-up to the expected fall of Roe v. Wade after a draft opinion from Supreme Court Justice Samuel Alito was leaked to Politico in May.

Abortion in Montana is currently protected under the 1999 state Supreme Court decision in Armstrong v. State, which extended constitutional privacy rights to medical procedures.

Daily Montanan is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com. Follow Daily Montanan on Facebook and Twitter.