HELENA — A lawsuit was filed this week, seeking to block the appointment of a state lawmaker to run the Montana Department of Commerce.

Last month, Gov. Greg Gianforte picked Rep. Marta Bertoglio, R-Clancy , to be Commerce director. She resigned from the House to take the position.

The Montana Constitution says state lawmakers can’t be appointed to “any civil office under the state,” “during the term for which he shall have been elected.” The lawsuit, filed by a Jefferson County man who lives in Bertoglio’s former House district, argues that should include the entire term, even if the lawmaker resigns first.

“Unconstitutional gubernatorial appointments send the message that part-time citizen legislators—who in 2025 made a salary of $128.86 per day—might win a six-figure golden ticket

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