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Bill to expand jury fact-finding in constitutional challenges draws partisan debate
Summary
HB 480 would allow parties in constitutional challenges and ballot disputes to demand jury trials on disputed facts; the bill drew support from the Secretary of State’s office and the Montana DOJ and opposition arguing constitutional and procedural problems, with extended committee questioning about past cases and practical effects.
Brandon Lier, sponsor of House Bill 480, told the Judiciary Committee the bill aims to "curtail trial courts' ability to unilaterally dictate the outcome of a constitutional challenge" by allowing juries to decide disputed facts. Lier argued juries bring "common sense" and community perspective to factfinding in politically charged cases.
Austin James, appearing on behalf of the Secretary of State, described prior litigation experiences in which the availability of a jury produced different factual findings than those reached by courts relying on expert testimony. "A…
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