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Governor Gianforte Protects Free Speech in Judicial Elections

Government and Politics

March 11, 2025

From: Montana Governor Greg Gianforte

House Bill 39 empowers voters, upholds the Constitution

HELENA, MT – Governor Greg Gianforte recently signed House Bill 39, a judicial reform bill that allows political parties to donate directly to judicial candidates.

“As Americans, we cherish our freedoms of speech and association,” Gov. Gianforte said. “Political donations are an expression of these rights, and restricting them is nothing more than an assault on the First Amendment. In our republic, it’s not the role of government to decide whose voice is heard. House Bill 39 upholds the Constitution, empowers voters, and helps preserve the very fabric of our election system.”

House Bill 39, sponsored by Representative Tom Millett (R-Marion), enhances the free speech rights of Montanans by allowing political parties to contribute to judicial candidates running for office. The U.S. Supreme Court has consistently recognized that political spending is a form of political expression and limiting it restrains political speech.

“In Montana, our judiciary faces a crisis,” Rep. Millett said. “This bill empowers Montanans to make their voices heard in our elections and embraces recent decisions from the Supreme Court to protect their rights under the First Amendment. I appreciate Governor Gianforte signing it into law and for our shared commitment to make sure Montana’s judiciary is transparent and accountable to the voters and the Constitution.”

House Bill 39 passed the House 57-43 and the Montana State Senate 25-23.

In his State of the State address, the governor called on the Legislature to send a bill to his desk that empowers Montana voters to know a Supreme Court judicial candidate’s political affiliation.