Judge: Gianforte appointing sitting legislator to head Commerce Dept. was unconstitutional

By: Darrell Ehrlick

Outlets: Daily Montanan

Published: April 21, 2026

Words: 1,018

Last Updated: 3 months, 1 week ago


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A Lewis and Clark County District Court judge has ruled that Montana Gov. Greg Gianforte unconstitutionally appointed the Montana Department of Commerce director because she was a sitting legislator at the time.

It is not the first time Gianforte has plucked a sitting legislator and appointed them to a position within the executive branch of government, but it is the first challenge of the second-term Republican governor’s appointment-making ability.

Judge Elizabeth Best ruled that …

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