Marta Bertoglio will head the state Department of Commerce, Gov. Greg Gianforte announced in June 2025. (Provided by the Governor's Office)

A lawsuit challenging the constitutionality of former state representative Marta Bertoglio’s appointment to the position of director of the Department of Commerce was filed in state district court this week.

Gov. Greg Gianforte appointed Director Bertoglio on June 16, and the Republican resigned her seat in House District 75 following the appointment, according to the lawsuit.

Jordan Williams, a Jefferson County resident and constituent of Bertoglio while she served in the Legislature, filed the lawsuit in Lewis and Clark County District Court.

The suit quotes Montana’s Constitution: “No member of the legislature shall, during the term for which he

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