A lawsuit filed Wednesday argues Gov. Greg Gianforte unconstitutionally appointed a sitting legislator to lead an executive agency.
Gov. Greg Gianforte appointed Marta Bertoglio director of the Department of Commerce in June while Bertoglio was still serving her term as a lawmaker.
Upper Seven Law argues that violates a provision in the state Constitution. It says the governor can’t appoint a sitting lawmaker to a civil office. The lawsuit says the statute prevents the governor from leveraging a job to influence a legislator’s votes in favor of his political interests.
Upper Seven Law filed the suit on behalf of a former constituent in Bertoglio’s district.
Gianforte has also appointed sitting legislators to the Montana State Parole Board, to lead the state lottery, and to the department of commerce.
Gianforte’s chief legal counsel defended the appointment, writing that Bertoglio’s position does not constitute a “civil office” because it falls under the governor’s supervision. The counsel cites a 1927 ruling that defined a Montana civil office as one that operates “independently without control or superior power.”
State Solicitor General Christian Corrigan says the constitutional provision doesn’t apply because Bertoglio resigned from her legislative seat before taking the job.
