District Court rules PSC map is likely unconstitutional
A Lewis and Clark County district judge this week ruled the Montana Public Service Commission district map likely is an illegal partisan gerrymander.
While the map remains in place for now, the court will expedite the case schedule and rule on its constitutionality before the 2025 legislative session.
In October 2023, the nonprofit organization Montana Conservation Voters and a group of individual Montanans challenged the PSC district map, which plaintiffs allege was drawn to ensure Republican control of all five PSC commissioner seats.
The plaintiffs are asking the court to declare the PSC map unconstitutional. In yesterday’s ruling, the court declined to replace the map before the 2024 elections but rejected the State’s arguments that partisan gerrymanders are unreviewable under the Montana Constitution.
The court cited the analysis of expert witness Stephanie Somersille, who found it “extremely unlikely” that the PSC map was drawn for reasons other than partisan advantage. The court reasoned that gerrymandering amounts to discrimination based on political ideas—which the Montana Constitution expressly prohibits,
Montana nonprofit law firm Upper Seven Law represents the plaintiffs.
The individual plaintiffs are:
· Joseph Lafromboise, a member of the Chippewa Cree Tribe of Rocky Boy and PSC District 1 voter;
· Nancy Hamilton, a Valley County resident and District 1 voter;
· Simon Harris, a Yellowstone County resident and District 1 voter;
· Donald Seifert, a Gallatin County resident and District 2 voter;
· Daniel Hogan, a Butte-Silver Bow County and District 3 voter;
· George Stark, a Missoula County resident and District 4 voter;
· Lukas Illion, a Lewis & Clark County resident and District 5 voter; and
· Bob Brown, a Flathead County resident, District 5 voter, and former legislator, Montana Secretary of State, and gubernatorial candidate.