Williams v. Montana

(Filed: Aug. 6, 2025)

On June 16, 2025, Governor Greg Gianforte appointed sitting member of the Montana legislature, Marta Bertoglio, as Director of the Montana Department Commerce.

The Montana State Constitution explicitly prohibits appointing sitting legislators to public office. Often called the “disqualification provision”, Article V Section 9 prohibits the corrupt use of the appointment power by preventing any governor from bribing, inducing, or otherwise interfering with legislators’ votes by promising a lucrative appointment. Bertoglio’s appointment is the Governor’s fourth time appointing a sitting legislator to a public office, notwithstanding the clear text of the disqualification provision.

On August 6, 2025, Jefferson County resident Jordan Williams challenged Gianforte’s appointment of Bertoglio. He asks that the court declare the appointment unconstitutional.