Federal judges rule Public Service Commission districts unconstitutional
BOZEMAN, Mont. — On Tuesday, a three-judge panel ruled Montana’s Public Service Commission map violates the one-person, one-vote rule.
The districts haven’t been reapportioned since 2003, and the judges are now ordering Secretary of State Christi Jacobsen to implement a new court-drawn map ahead of the 2022 election.
“It's an unfortunate situation that was required because the Legislature has simply failed to redistrict the Public Service Commission for close to 20 years,” said Constance Van Kley, litigation director at Upper Seven Law and attorney for the plaintiffs.
In December, Bob Brown, Hailey Sinoff and Donald Seifert filed a lawsuit challenging the PSC map, arguing votes would be unconstitutionally diluted in upcoming elections due to population differences between districts.
The federal judges agreed.
“The decision by a federal three-judge court really represents a victory for Montana voters,” Van Kley said. “It recognizes that the Legislature has failed to fulfill its responsibilities.”
At the judges’ request, a federal court reapportioned the PSC districts.
The Legislature is free to replace the new map -- the judges said the federal version would only be temporary until the state is able to create its own.
The Legislature can do that by either calling a special session or waiting until the next regular session in 2023.
In an email, a spokesman for majority leadership wrote there are no current proposals for a special session.
They added the issue would be a priority for the regular session. A bill draft for the 2023 session to redistrict the PSC has already been requested.
In a statement Tuesday, House Speaker Wylie Galt said, “The Legislature's position all along has been that the court should have waited for the 2023 session to correct the issue before engaging in court-ordered redistricting. While I disagree with that decision, I appreciate the court ordering a map that makes very few changes to prior legislative action and also for recognizing the Legislature's ultimate authority to adjust Montana's PSC districts.”
Democrats also chimed in Wednesday. Minority Leader Rep. Kim Abbott said, “Republicans’ inaction over the last ten years has resulted in PSC districts that are unfair to Montanans. While it should never have come to a court case, I’m encouraged that Montanans will have a more balanced voice this year in the decisions that directly impact their energy bills. I look forward to an open and transparent process to permanently rebalance PSC districts in the next session of the Legislature.”
As for the 2022 election, the court made minimal changes to the PSC map, and majority leaders says there shouldn’t be any major impacts.
