Bob Brown et al. v. Secretary of State
Montana’s Public Service Commission districts remained unchanged between 2003 and 2021, despite significant population shifts across the state. By 2020, the population difference between the least and most populated districts exceeded 50,000 Montanans. The legislature refused to redraw district boundaries to reflect current population levels, and it killed bills that would have solved the problem in nearly every session over the last decade.
In December 2021, Montana voters Bob Brown, Hailey Sinoff, and Don Seifert sued the Montana Secretary of State, alleging that the Commission districts were unconstitutionally malapportioned in violation of the Fourteenth Amendment's one-person, one-vote rule. On March 8, 2022, a three-judge federal district court declared the existing districting plan and map unconstitutional and ordered implementation of a new map with a more equal population distribution.
Filings / Press
Complaint (Dec. 6, 2021)
State's Answer (Jan. 12, 2022)
Tom Lutey, Voters sue for redrawn PSC districts, saying current districts aren't constitutional, Billings Gazette (Dec. 6, 2021)
Eric Dietrich Lawsuit says Montana’s utility commission districts violate ‘one person, one vote’, Montana Free Press (Dec. 7, 2021)
Shaylee Ragar, Lawsuit asks for redraw of Montana Public Service Commission districts, NPR (Dec. 7, 2021)
Plaintiffs' Motion for Preliminary Injunction (Dec. 21, 2021)
Plaintiffs' Brief in Support (Dec. 21, 2021)
Order Partially Granting Preliminary Injunction (Dec. 22, 2021)
State's Response in Opposition (Jan. 3, 2022)
Plaintiffs' Reply in Support (Jan. 5, 2022)
Order Granting Preliminary Injunction (Jan. 13, 2022)
Johnathan Ambarian, Lawsuit challenges Montana PSC districts over population inequality, KTVH (Dec. 28, 2021)
Mike Dennison, Fed court sets March trial to decide Montana’s PSC districts, KTVH (Jan. 13, 2022)
Holly Michels and Seaborn Larson, Judge continues halting SOS from signing up PSC candidates, Missoulian (Jan. 13, 2022)
Keila Szpaller, Court: Secretary of State enjoined from certifying PSC candidates, Daily Montanan (Jan. 13, 2022)
Eric Dietrich, Federal judges skeptical of ‘wait until 2023’ argument in PSC redistricting case, (Jan. 14, 2022)
Sidney Herald, Court grants former Secretary of State’s motion, and orders expedited briefing to redistrict in advance of 2022 elections, (Jan. 14, 2022)
State's Motion to Dismiss (Jan. 12, 2022)
State's Brief in Support (Jan. 12, 2022)
Plaintiffs' Response in Opposition (Jan. 13, 2022)
Order Denying State's Motion to Dismiss (Jan. 18, 2022)
State's Motion for Summary Judgment (Feb. 7, 2022)
State's Brief in Support (Feb. 7, 2022)
Plaintiffs' Brief in Opposition (Feb. 22, 2022)
Order Denying State's Motion for Summary Judgment (Mar. 8, 2022)
Plaintiffs' Motion for Summary Judgment (Feb. 7, 2022)
Plaintiffs' Brief in Support (Feb. 7, 2022)
State's Brief in Opposition (Feb. 22, 2022)
Order Granting Plaintiffs' Motion for Summary Judgment (Mar. 8, 2022)
Mike Dennison, New 2022 voting maps proposed for Montana’s PSC districts, KTVH Helena (Feb. 11, 2022)
Mike Dennison, State submits its PSC district map – but says it shouldn’t be adopted, KTVH Helena (Feb. 24, 2022)
Eric Dietrich, Federal judges order new map for 2022 utility board election, Montana Free Press (Mar. 8, 2022)
Tom Lutey, Court sides with Montana voters in suit over Public Service Commission political districts, Billings Gazette (Mar. 8, 2022)
Shaylee Ragar, Federal judges create new map outlining Montana's Public Service Commission districts, Montana Public Radio (Mar. 8, 2022)
Keila Szpaller, Judges order new Public Service Commission map, find 2003 map unconstitutional, Daily Montanan (Mar. 8, 2022)
Amy Beth Hanson, Judges redraw district maps for utility regulator board, Associated Press (Mar. 8, 2022)