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Florida senator sues over anti-cannabis ad from state agency (Newsletter: October 8, 2024) - Marijuana Moment

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ARTICLES

20 States with the Highest Weed Consumption in the US

Published on October 7, 2024 bySultan KhalidinIndustries,News

20 States with the Highest Weed Consumption in the US - Insider Monkey

In this article, we are going to discuss the 20 states with the highest weed consumption in the US. You can skip our detailed analysis of the cannabis industry in the United States and the rapidly expanding cannabis-infused beverages segment, and go directly to the5 States with the Highest Weed Consumption in the US.

The history of cannabis cultivation in America dates back to the early colonists, who grew hemp for textiles and rope. The plant was also widely used as a patent medicine during the 19th and early 20th centuries, described in the United States Pharmacopeia for the first time in 1850. Several political and racial factors led to the criminalization of cannabis in 1937 with the passage of the Marijuana Tax Act, but its legal status is now finally changing in many places.

Cannabis Industry in the United States:

The United States of America isthe country that smokes the most weedin the world. As we mentioned in our article –20 Cities with the Highest Weed Consumption in the US– the American legal cannabis industry fared well in 2023 as legal sales across the 38 states that allow some form of regulated marijuana reached $28.8 billion, a 10.3% increase from the previous year. Meanwhile, the legal cannabis industry also added 22,952 new jobs last year – a sign that the national business climate has somewhat stabilized following the turmoil of the previous two years. According to the 2024 Vangst Jobs Report, there were over 440,445 jobs supported by legal cannabis nationwide as of early 2024, an increase of 5.4% from 2023. The increasing legalization of cannabis and rising acceptance of its use for medical purposes are the key factors driving the growth of the market.

Growth is also expected to come from new markets, as states like South Dakota, Florida, and Nebraska are expected to have marijuana legalization on November ballots. Even presidential candidate Donald Trump has recently expressed support for a ballot initiative in his home state of Florida that would legalize the use of cannabis for adults.

As of the writing of this article,24 states have legalized recreational weed in America, in addition to the District of Columbia.

Cannabis-Infused Beverages

The cannabis beverages segment is one of the fastest-growing areas of the rapidly booming industry. According to Research and Markets, the global market for cannabis-infused drinks was estimated at $658.26 million in 2023, $726.63 million in 2024, and is expected to grow at a CAGR of 10.87% to reach over $1.35 billion by 2030.

The United States, being theCountry that Consumes the Most Weed in the World, accounts for the lion’s share of the global cannabis market. However, the swiftly expanding cannabis beverages category still represents only a small portion of the overall weed market in the US, accounting for only 1% of total retail sales in Q2 2024, thus indicating its vast potential. More and more weed-infused potables are now popping up in America to fill in this space, with several major industry players already looking for their share of the sweet green ganja pie.

It was announced in September that Tilray Brands, Inc. (NASDAQ:TLRY) – one of theBiggest Marijuana Companies in the World– has entered the US THC beverage market with a range of Delta-9 THC mocktails and seltzers through its newly formed Tilray Alternative Beverages business unit. The range of Delta-9 THC beverages will be launched in ‘key markets’ across the country at the beginning of this month, with brands such as the seltzers 420 Fizz and Fizzy Jane’s, as well as the mocktails Herb & Bloom and Happy Flower. According to the company, the lineup is made with high-quality hemp extracts and ingredients that provide consumers with a familiar, convenient, and delicious way to relax and unwind.

Tilray Brands, Inc. (NASDAQ:TLRY) has a highly diversified global portfolio – operating in more than 20 countries across North America, Europe, Australia, and Latin America, with businesses in medical adult-use cannabis, beverages, spirits, wellness products, and a vast array of consumer-connected lifestyle brands. For its Q4 ended May 2024, the Canada-based company reported revenue of $229.9 million, up 24.8% over the same period last year and even beating analysts’ estimates by almost 1.9%. The net revenue for the entire fiscal year was reported at around $789 million, marking a 26% increase from the previous year. TLRY also managed to strengthen its balance sheet by significantly reducing its net convertible debt by approximately $300 million.

The core business of Tilray Brands is cannabis and it boasts the number one market share in Canada, as well as the leading cannabis market share by revenue in Germany. The company has lately been very active in acquiring other industry players to expand its presence and the strategy seems to be paying off. For example, its acquisition of Redecan in June 2023 has helped it gain a strong footing in categories like pre-rolls, oils, and capsules. As a result, Tilray is now the No. 1 player in the straight-edge pre-rolled category with a 46% market share, as well as a top player in the oils and capsules category combined with a 21.5% market share in the adult-use business in Canada. Another major development that could significantly benefit Tilray is the easing of federal restrictions on cannabis in the US.

With an ever-growing portfolio of brands also in the alcohol category, Tilray Brands, Inc. (NASDAQ:TLRY) was included in our list of theBest Alcohol Stocks To Own According to Hedge Funds.

While we acknowledge the potential of TLRY as an investment, our conviction lies in the belief that some AI stocks hold greater promise for delivering higher returns, and doing so within a shorter time frame. If you are looking for an AI stock that is more promising than TLRY but that trades at less than 5 times its earnings, check out our report about thecheapest AI stock.

With that said, here are theStates that Smoke the Most Weed in America.A close-up of a package of cannabis accessories, displayed on a brightly-lit retail shelf.

Methodology:

To collect data for this article, we have referred to SAMHSA’s 2021-22 National Survey on Drug Use and Health, looking for theStates that Consume the Most Weed in America. The following states have been ranked by their total percentage of residents aged 12 or older who reported consuming cannabis within the past 30 days before the survey.

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20. California

Prevalence of Marijuana Use: 15.17%

California is considered thestate with the best weed in America in 2024. We reached this conclusion after extensively researching people’s experience with weeds in different states on Reddit and Cali stood out. It is also theLargest Cannabis Market in Americaby revenue, with $5.1 billion in recreational marijuana sales in 2023.

19. Minnesota

Prevalence of Marijuana Use: 15.42%

Weed is 100% legal in Minnesotaafter Gov. Tim Walz signed the bill last year but full-scale retail marijuana sales aren’t set to start until 2025, because of the time it will take to draft regulations and issue licenses. THC beverages have already become a $200 million industry in Minnesota, with over 4,000 retailers.

18. New York

Prevalence of Marijuana Use: 16.06%

The Empire State’s legal cannabis industry is finally beginning to show signs of life, with $260.6 million in sales from January through June, or roughly $43.4 million per month.

With an annual overall weed consumption of 62.3 metric tons, NYC is included among theCities with the Highest Weed Consumption in the World.

17. Missouri

Prevalence of Marijuana Use: 16.08%

Missouri legalized adult-use cannabis in November 2022 and the state’s regulated weed industry has witnessed explosive growth ever since. The Show-Me State showed them all when it sold over $1.4 billion worth of legal cannabis during its first year of recreational sales, including around $1.13 billion in adult-use purchases.

16. Illinois

Prevalence of Marijuana Use: 16.12%

Governor JB Pritzker recently announced that Illinois had hit a major milestone this year, with $1 billion in marijuana retail sales achieved already on July 1, 2024. The state has 55 licensed dispensaries to sell medical cannabis and over 100 licensed dispensaries to sell weed to adults aged 21 and older.

15. Oklahoma

Prevalence of Marijuana Use: 17.96%

Medical cannabis was legalized in Oklahoma in 2018 but recreational weed is still illegal. Medical marijuana has become increasingly affordable in the Sooner State, thanks to its numerous cultivation licenses, reduced barriers for commercial growers, and heavy competition among dispensaries.

14. Rhode Island

Prevalence of Marijuana Use: 18.08%

Rhode Island became the 19th state to legalize recreational marijuana in 2022, when Gov. Dan McKee signed a bill into law that, in part, set up a framework for retail sales and taxation. The state’s combined sales of adult-use and medical cannabis totaled $105 million during the first year of the legalization.

13. Montana

Prevalence of Marijuana Use: 18.48%

Montana collected over $57.7 million from cannabis tax revenue in 2023, with $47.7 million from adult use sales, $3 million from the sales of medical cannabis, and the rest from licensing and other administration fees.

12. Michigan

Nebraska Officials Say There’s ‘Serious Doubt’ About Medical Marijuana Ballot Signatures

By Zach Wendling, Nebraska Examiner

October 7, 2024

Nebraska Officials Say There's 'Serious Doubt' About Medical Marijuana Ballot Signatures - Marijuana Moment

Nebraska’s chief election official and top prosecutor have questioned the validity of more than half of the signatures already validated on each of the state’s two medical cannabis petitions for the November election.

Attorney General Mike Hilgers (R), in a legal filing Friday on behalf of Secretary of State Bob Evnen (R), told a Lancaster County District Court judge that an ongoing investigation “casts serious doubt regarding the ultimate validity of approximately 49,000 signatures” on two medical cannabis petitions.

“In the aggregate, the petition circulator fraud and notary malfeasance described taints—strips the presumption of validity—from tens of thousands of submitted signatures submitted by the Sponsors,” Hilgers wrote.

Early voting has already begun on whether to regulate and legalize the drug for medical purposes. Hilgers and Evnen are asking the court to determine the true number of “valid” signatures and void the election results if there aren’t enough.

Nebraskans for Medical Marijuana said in a statement: “It is appalling that the State of Nebraska is working to silence and disenfranchise the voices of tens of thousands of Nebraskans based on primarily unsubstantiated technical issues.”

The statement continued: “These issues have absolutely nothing to do with the more than 115,000 voters who signed each of these petitions, or the dedicated patients and Nebraska citizens who worked hard to get the issue on the ballot.”

Allegations of fraud and ‘malfeasance’

The filing alleges that fraud or malfeasance has been uncovered in petitions circulated in 72 of the state’s 93 counties. That includes Hall County, where a paid petition circulator from Grand Island and a notary from York have been criminally charged for alleged wrongdoing on the petitions.

Some of the new examples Hilgers’s office alleges are that three notaries served as both notary and circulator on an undisclosed number of petitions and that at least six notaries notarized petitions outside the presence of the circulator who gathered the signatures.

Eight notaries are named for alleged “malfeasant behavior,” including one from York. If all signatures were tossed from these notaries, it would invalidate approximately 49,058 signatures on the legalization petition, and a similar amount on the regulatory one.

The filing alleges at least four circulators, in addition to the Grand Island man, engaged in fraud, though the filing doesn’t explain how. In total, the filing states this would call into doubt about 656 signatures on the legalization petition and a similar amount on the regulatory one.

Hilgers wrote that the burden of proof in proving the signatures are valid should fall to the three ballot sponsors to “affirmatively” show the signatures were legitimately collected.

“When there is evidence of fraud or malfeasance, the signatures or petition pages associated with the circulator or notary who engaged in the fraudulent or malfeasant behavior lose the presumption of validity,” Hilgers’ office wrote.

More criminal charges possible

In this case, Hilgers’s office seeks to go further than a 1919 Nebraska Supreme Court case dealing with an anti-woman-suffrage referendum that allowed all signatures tied to a circulator who had committed fraud to be tossed from the ballot, defeating the anti-suffrage effort.

A 1992 Nebraska Attorney General’s Office opinion, which doesn’t carry the same weight as a judicial ruling, suggested the same standard could be applied to notaries.

Evnen’s office declined to comment while the case is pending. Attorneys for the ballot sponsors did not immediately respond to a request for comment.

More than 30 individuals are alleged in the filing to have committed wrongdoing or suspicious activity such as high signature rejection rates, in addition to the two men already charged. The investigation includes one sponsor, Crista Eggers, who is the campaign manager and executive director of the nonprofit Nebraska Families 4 Medical Cannabis, a group of patients, caregivers and advocates.

As of Monday, no county attorney or the Attorney General’s Office had announced new criminal charges against any petition circulator or notary related to the cannabis petitions.

Some information from the investigation has been forwarded to local law enforcement and “additional criminal charges may be forthcoming,” according to the filing.

This is the campaign’s third attempt. The Nebraska Supreme Court blocked the first attempt from the ballot in 2020. The campaign failed to collect enough signatures in 2022.

This year, six petitions will appear on the November 5 ballot. Hilgers and Evnen have announced only an investigation into the two measures related to medical cannabis.

Underlying lawsuit is ongoing

Evnen’s involvement in the lawsuit came because a former state senator and former State Board of Health member, John Kuehn, sued Evnen and the three sponsors of the ballot measures organized under Nebraskans for Medical Marijuana.

District Judge Susan Strong set Friday as the deadline for Evnen and Kuehn to file a list of signatures they wished to challenge. Strong allowed the Kuehn lawsuit to continue to determine what are “clerical and technical errors” and what could invalidate a signature.

While Kuehn is suing Evnen, the two “having aligned on sufficient issues” submitted a joint filing last week with a suggestion of how the case should proceed, wrapping up before Election Day.

Strong directed the ballot sponsors to respond to the challenged signatures and Evnen’s lawsuit by Wednesday.

A bench trial is set to begin Octtober 29, one week before Election Day. The case is likely to be appealed to the Nebraska Supreme Court, no matter the outcome.

Kuehn’s lead attorney, Andrew LaGrone, a former state senator, did not immediately respond to a request for comment on Evnen’s new filing.

Evnen on September 13 had announced the medical cannabis campaign had qualified nearly 89,000 signatures from more than 5 percent of voters in 52 counties on each of its petitions. The campaign needs at least 86,499 valid signatures.

‘It is both sickening and wrong’

Nebraska Families 4 Medical Cannabis criticized Nebraska officials as “willing to stop at nothing to deprive Nebraskans of the chance to vote on compassionate access to medical cannabis for suffering patients.”

The nonprofit criticized Evnen, saying he “names and attacks patients and caregivers who have been tirelessly fighting for access for over a decade—based on alleged notary mistakes on a handful of petitions.”

For example, Eggers organized on behalf of her son, who has epilepsy and severe seizures, and many other circulators and notaries are patients themselves or are doing so for family.

“It is both sickening and wrong to go after individuals who have given everything to this fight. Nebraskans should be outraged that the state is trying to toss aside the will of the people, by using power, money and intimidation,” the nonprofit said. “We will not back down and will continue to advocate for patients in this state as well as those who have been fighting alongside.”

Florida Senator Sues State Over Anti-Marijuana Ad, Alleging Unconstitutional Use Of Taxpayer Dollars Ahead Of Legalization Vote

By Kyle Jaeger

October 7, 2024

Florida Senator Sues State Over Anti-Marijuana Ad, Alleging Unconstitutional Use Of Taxpayer Dollars Ahead Of Legalization Vote - Marijuana Moment

A Florida Democratic senator issuing the state for using taxpayer dollars to fund a recent adthat he says unconstitutionally attempts to influence voters to oppose a marijuana legalization initiative that will be on the ballot next month.

Sen. Jason Pizzo (D), who is expected to run for governor in 2026, announced on Friday that he would be seeking an injunction against the Florida Department of Transportation (FDOT) over the ad, which warns against driving under the influence of cannabis and then makes a contested claim that “DUI crashes increase in states with legalized marijuana, putting everyone at risk.”

Making such an assertion in an ad supported by tax dollars amounts to “political messaging” and therefore represents an unconstitutional use of appropriations authority, the senator says. The campaign behind the Florida legalization initiative has also sent cease and desist letters to 54 TV stations that have aired the public service announcement.

“For years, our state has wasted precious time, and many millions, peddling divisive and unproductive nonsense, while flouting practical solutions for critical needs,” Pizzo said.

The ad in question also says that a DUI conviction “can more than double your car insurance.” It continues: “Unlike alcohol, there’s no easy way for law enforcement to detect how high you are when driving.”

“Don’t drive high. It can raise your premiums—or end your life,” it says.

Research on the the relationship between state marijuana laws and rates of impaired driving has been mixed, and even federal reports have saidthe effects of cannabis use on driving are unclear at this point.

Jeff Brandes, a Republican former state senator and current president of the nonprofit Florida Policy Project, said in late September that while he still expects Amendment 3 will pass, the DeSantis administration’s decision to air the PSA “is setting a dangerous precedent and is unlikely to be authorized in Florida’s budget.”

“Expect lawsuits! Plus, $15 million could’ve fixed a lot of potholes,” he said. “Desperation is not a good look!”

Meanwhile, the main corporate backer of the legalization initiative, the multi-state cannabis operator Trulieve, has filed a defamation suit against the state’s Republican Party,alleging it’s knowingly deceived voters about the proposed constitutional changeknown as Amendment 3.

Central to the allegations is a TV spot from Amendment 3 opponents, which the company says implies that only large corporations, like Trulieve, would benefit under the proposal. Some have criticized the plan, saying it would create a “monopoly” with limited licenses and a prohibition on home cultivation for personal use.

Trulieve’s lawsuit says that’s untrue, because state lawmakers would have the authority to issue more licenses if the measure becomes law. And it notes that Florida already prohibits home cultivation of cannabis—a matter the constitutional amendment simply doesn’t touch.

Separately, the pro-legalization campaign, Smart & Safe Florida, released an ad of its own last week, highlighting the fact thatboth major party presidential nominees and their running mates oppose criminalizing people over cannabis.

The ad—titled “We’re All Saying the Same Thing”—came just days after Vice President Kamala Harris, the Democratic nominee,reaffirmed her support for legalizing marijuana. That followed weeks of silence on the issue after she rose to the top of the ticket.

Smart & Safe Florida took that opportunity to compile a roundup of clips featuring Harris and running mate Minnesota Gov. Tim Walz (D)—as well as former President Donald Trump, the GOP nominee, and his VP pick Sen. JD Vance (R-OH)—voicing support for reform.

Trump, a Florida resident, is theonly candidate who has specifically endorsed Amendment 3, but he’s historically taken a states’ rights position on legalization overall. Recently, he also came out in support of federal rescheduling and allowing marijuana industry access to the banking system.

Outside the presidential race, there’s been a mix of support and opposition for the Florida legalization amendment on both sides of the partisan spectrum.

For example, the former head of the U.S. Department of Health and Human Services (HHS) under then-President Bill Clintonrecently urged Florida voters to reject the marijuana legalization initiative, arguing that it would create a “new addiction-for-profit industry” in the state.

Florida Gov. Ron DeSantis’s (R) opposition is well-established. And when thetransportation agency’s ad on marijuana-impaired drivingwas released, he was accused by advocates of weaponizing taxpayer dollars as part of his campaign to defeat the cannabis measure.

Nikki Fried, the chair of the Florida Democratic Party and a former state agriculture commissioner, recently endorsed Amendment 3. And the chair alsolaid out a framework for regulating cannabisthat she thinks the legislature should enact if voters do approve the reform. That involves automatic expungements for prior marijuana convictions, taking steps to mitigate the risk of monopolization in the industry and directing tax revenue to Black communities and education.

Meanwhile, two congressional Republicans representing Florida alsorecently weighed in on the state’s marijuana legalization initiative—with Rep. Laurel Lee (R-FL) predicting it will fail and Rep. Byron Donalds (R-FL) saying he remains undecided on the measure even after former President Donald Trump came out in support of it.

Rep. Matt Gaetz (R-FL), for his part, has said he intends to vote against it,strictly because he feels the reform should be enacted statutorily, rather than as a constitutional amendment that would prove more challenging to amend.

On the other hand, Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus,predicted earlier this year that the measure will pass.

A pair of Republican and Democratic Florida senatorsrecently teamed up to promote the state marijuana legalization initiative, making a joint appearance in a new ad for the campaign as Gov. Ron DeSantis (R) continues to rally against the measure, claiming it would benefit a corporate “weed cartel.”

Sen. Joe Gruters (R), the former chair of the Florida Republican Party, and Sen. Shevrin Jones (D) stood side-by-side in the ad for Smart & Safe Florida, acknowledging that while they “don’t agree on much—hardly anything” and would be each voting for their respective party’s presidential nominee, they “do agree on this: Amendment 3 is good for Florida.”

While polling has alsoconsistently demonstrated that the ballot measure enjoys majority supportfrom Democrats and Republicans alike—and despite the fact that the 2024 GOP nominee, former President Donald Trump, has endorsed it as well—Florida’s governorhas not relented in his crusade to defeat it.

Trulieve CEO Kim Rivers and Gruters, the GOP state senator,also met with Trump ahead of his endorsement of Amendment 3, as well as federal rescheduling and industry banking access.

Meanwhile, another recent survey from the Florida Chamber of Commerce, which is against the cannabis initiative, found that59 percent of likely voters in the state back Amendment 3.

A separate poll from the James Madison Institute (JMI) showed64 percent of likely voters in Florida are in favor of the legalization proposal.

Smart & Safe Florida alsorolled out another series of new ads last month—including one calling out the hypocrisy of criminalizing cannabis while alcohol is legally available and another featuring a county sheriff making the case for ending marijuana prohibition.

MORE MONTANA NEWS

How a little-known statewide office could help curb rising insurance rates for Montanans

Carly Graf

Oct 4, 2024

This MT elected official could help reduce insurance costs (billingsgazette.com)

One of the statewide races most likely to have real consequences for average Montanans is also one of the least well-known. The next state auditor could play a pivotal role in curbing insurance premiums as the cost of living soars across the state and protecting seniors against fraudulent scams.

Also known as the commissioner of securities and insurance, the auditor functions as a consumer advocate and a regulator for securities and insurance, two of the state’s largest industries.

There is no incumbent in the 2024 race as Republican Troy Downing, who was elected to the position in 2020, served a single term before running for higher office in Montana’s eastern congressional district.

This year’s open race for the low-profile office pits Democrat John Repke against Republican James Brown.

Repke, 67, has lived in Whitefish for a little more than a decade after stints in Chicago, Phoenix and Denver, among other cities. He’s spent most of his career as a business executive.

Brown, 53, was born and raised in Beaverhead County, the product of a ranching family who first came to the state in the 1880s to establish a homestead. He’s the head of the Montana Public Service Commission, a lawyer and small business owner. Brown ran unsuccessfully for the Montana Supreme Court in 2022.

The state auditor’s office exists to protect customers from predatory insurance companies and advocate for the interests of buyers. It must also make sure insurers remain financially stable enough to pay out claims. Montanans who purchase home, health or automobile insurance all have interacted with the work of the state auditor, whether they know it or not.

“It impacts all of us,” Repke said. “I would imagine a lot of (people) have experienced what I’m hearing when I’m on the campaign trail. Insurance rates have skyrocketed, in some cases, it’s difficult to get.”

In 2022, Repke lost his bid for a seat on the Public Service Commission, but the race validated Repke’s pull toward public service, he says, and showed him the importance of having subject matter experts in positions responsible for regulating industry. Brown said his tenure heading the agency taught him “regulation is not a partisan exercise” and the skillset would translate nicely to regulation as auditor.

“The regulatory schemes for the two agencies are very similar,” Brown said. “Both schemes focus on having the respective regulatory agency focus on balancing the interests of the consumer with that of the regulated business to ensure there is a fair and transparent regulatory environment.”

Montana home insurance prices are expected to increase by 12% by the end of 2024, one of the 10 biggest jumps nationally largely driven by wildfire risk. One estimate suggests the cost of average automobile insurance in the state rose by 19% in 2023. The average price of health insurance Montanans can buy on the federal marketplace is expected to rise again this November when open enrollment begins.

While the state auditor doesn’t have the power to impose price controls, the office-holder can review and challenge rate hikes rolled out by insurers.

Repke said he would readily use price and performance reviews of Montana insurers, likely more frequently than is currently done.

“Most states have a highly professional person regulating the insurance business in their state,” Repke said. “Studies have shown that those states where the insurance regulator is active, those states pay lower home insurance rates.”

Brown didn’t commit to using reviews more regularly, but said his focus would be on communicating transparently with the public about premium changes and rates so consumers can find the best insurance plan for them.

The Democrat and Republican each proffer innovative ideas on how to make the insurance marketplace easier to navigate for consumers.

A wildfire risk map, an educational outreach group for people living in wildfire risk areas and possible legislation to limit unfettered rising costs could help, according to Brown. Repke floated bifurcating the risks homeowners face so that wildfire could be covered separately and creating a user-friendly chart for consumers to easily compare insurance plans, similar to what exists on the government health exchange.

Both candidates agree that protecting Montanans, especially seniors, against financial fraud such as spam calls would be a central priority to their administration, if elected.

Saying the situation needs to be addressed “immediately,” Brown said he would deploy the auditor’s office to work with local law enforcement agencies and county attorneys to implement an awareness campaign, conduct live outreach seminars and “zealously” prosecute bad actors.

Brown’s experience as a small business owner informs his view of the state auditor office. He emphasizes the need to balance holding bad actors accountable with reducing what he calls unnecessary regulation so that Montana business can thrive.

Repke, on the other hand, brandishes his track record as a financial executive who has been responsible for employee insurance plans and managing large organizations when making the case he seeks office as a public servant not a politician.

“I can talk the talk of insurance companies and work with them to find solutions,” Repke said. “But I’m not a politician…and I will not politicize this office with political hires that don’t bring expertise to the office.”

Montana’s state auditor also serves on the Land Board, tasked with deciding how to preserve and protect state trust lands in a way that also maximizes funds for public education across the state.

In recent years, the state auditor has come to be seen as a first step on the way to higher office.

Downing opted not to seek re-election after his first term and is now poised to be the next congressman in Montana’s second congressional district, which heavily favors the GOP. Prior to him, Matt Rosendale, also a Republican, held the office for a single term as well before making the same jump to Washington, D.C.

Brown said he intends to serve his full term, but would not comment on plans beyond that.

As for Repke, he said he will not run for any other office and will do the job of auditor full-time.

Cascade County approves $52K settlement in case over elections administrator appointment

MATT HUDSON Montana Free Press

October 7, 2024

Cascade County OKs $52K settlement over elections admin (billingsgazette.com)

GREAT FALLS — Cascade County commissioners approved a $52,500 settlement Friday with former Clerk and Recorder Rina Fontana Moore to resolve a discrimination case Moore filed with the Montana Human Rights Bureau.

On a 2-1 vote, Commissioners Joe Briggs and Jim Larson approved the deal during a special meeting on Friday. Commissioner Rae Grulkowski voted against it.

Fontana Moore, a Democrat, alleged that the county discriminated against her political beliefswhile appointing an elections administratorearlier this year. The complaint hasn’t been released.

Commissioners said Friday the settlement potentially avoids a more costly process down the road.

“This was a business decision,” Briggs said in an interview after the meeting. “This was one that we could settle today for a known number. And once the finding came up, if there was a finding, that number could multiply several times.”

The settlement was the result of a mediation session held in September while the case was in the initial investigation phase, according to Jordan Crosby, an attorney retained by the county. An investigator would be required to determine whether or not there was “reasonable cause” for the case to move forward. A ruling in Fontana Moore’s favor could mean a more costly settlement and the requirement for the county to pay legal costs. That process could also involve public hearings.

In addition, Crosby said that Fontana Moore had raised concerns about the appointment process that led her to believe a reasonable cause finding could happen.

“There was risk to the county for some substantial damages and fees,” Crosby said at the meeting. “And so I think in my opinion that this is a good settlement. I think it is in the best interest of the county. I think it is a good business judgment to make and resolve this to end this matter.”

One of those risks involved may have been the actions of Montana Secretary of State Christi Jacobsen, who was named as a defendant in the case. During the appointment process, Jacobsenemailed commissionersand urged against appointing Fontana Moore or any member of her administration.

“I think that had something to do with it,” Briggs told Montana Free Press. “We were not talking with the (Human Rights Bureau) investigator — our counsel was.”

Jacobsen’s office did not respond to a request for comment on the matter Friday.

Fontana Moore oversaw county elections as the former clerk and recorder, a position she held for 16 years. She lost a close election in 2022 to Sandra Merchant, the current clerk and recorder.

Merchant wasn’t named as a defendant in the discrimination case, but multiple public commenters mentioned her name during Friday’s commission meeting.

In 2023, multiple complaints surfaced about Merchant’s handling of elections, leading to lawsuits and theappointment of a special monitorto oversee the public library funding vote early in the year. Citing those complaints and Merchant’s inexperience, county commissioners chose toremove election administrationfrom the clerk and recorder’s duties in December. The commissioners then began the search for an appointed elections administrator, for which Fontana Moore was an applicant.

The vote to remove election duties from the clerk and recorder was 2-1, with Grulkowski dissenting, a pattern that has been common among the board.

On Friday, Grulkowski pointed to that decision as the beginning of a sequence of events that led to this settlement.

“I think that, like was expressed today, all of this could have been avoided,” Grulkowski said.

Commissioners chose former Realtor association CEO Terry Thompson as elections administrator in February 2024 from a pool of four applicants, including Fontana Moore and Lynn DeRoche, who had been an elections supervisor under Fontana Moore. Fontana Moore filed this discrimination case 11 days after the decision to appoint Thompson.

Fontana Moore is now running as a Democrat for House District 20 of the Montana Legislature. She did not return requests for comment Friday.

The county will end up paying the settlement out of its budget, as the Montana Association of Counties doesn’t provide coverage for political belief discrimination claims, according to county documents. Because County Attorney Josh Racki was initially named as a defendant, commissioners sought outside legal representation.

In another example of the division among commissioners, county documents note that Briggs and Larson retained an attorney from the firm Ugrin Alexander Zadick, where Crosby is a partner. But Grulkowski retained separate counsel from the firm Christensen and Prezeau.