Montana Chamber of Commerce: Eye on the Vote 2022

EYE ON THE VOTE 2022

US HOUSE OF REPRESENTATIVES / PUBLIC SERVICE COMMISSION / SUPREME COURT OF MONTANA

EYE ON THE VOTE 2022 DEVELOPED AND SUPPORTED BY BUSINESS LEADERS, THE MONTANA CHAMBER OF COMMERCE’S STRATEGIC PLAN, ENVISION 2026, FOCUSES OUR WORK ON FOUR MAIN PILLARS FOR ECONOMIC GROWTH IN MONTANA: BUSINESS CLIMATE—tax reform, judicial consistency, tort reform and regulatory relief to ensure Montana is competitive in a global economy.

INFRASTRUCTURE—invest in Montana’s roads, bridges, water systems and internet connectivity to foster economic growth in rural and urban communities.

Todd O’Hair

President and CEO MONTANA CHAMBER OF COMMERCE

WORKFORCE DEVELOPMENT—develop a skilled, trained and appropriately educated workforce that allows business to prosper and grow.

ENTREPRENEURSHIP—ensure Montana remains a nationally recognized entrepreneurial state to create wealth and opportunities throughout the state.

The Montana Chamber of Commerce is committed to helping business leaders understand candidate positions on issues that impact the overall business climate in our state.

Enclosed you will find one-page profiles of candidates who are running for regional, statewide, and federal office. We challenged each candidate to summarize key positions using questions that focus on the relationship between the office they seek and business interests. We invited all candidates for these positions to respond to our questionnaire. We included all responses we received after making follow up requests.

As we prepare for the 2022 elections, the Montana Chamber of Commerce will provide opportunities for candidates to meet with business leaders in a variety of formats—from in-person meetings to virtual conversations. We encourage you to participate in those upcoming opportunities—both to understand candidate positions and to convey priorities of the Montana business community directly to the candidates.

As Montana’s largest statewide business advocacy organization, the Montana Chamber of Commerce is also highly engaged on the state legislative level through our political action committees (PAC)—supporting candidates who stand with us across the spectrum of issues that affect Montana’s business community.

Contact our Government Relations Director, Charles Robison (charles@montanachamber.com), to learn more about how you can support pro-business candidates at all levels of government.

A special thank you to the candidates for participating in this project and for the sacrifices to run for public office.

Sincerely,

Todd O’Hair

406.431.3248 • 616 Helena Ave. Ste 300 • PO Box 1730 • Helena, MT 59624

All candidate responses were received on or before July 31, 2022

EYE ON THE VOTE 2022

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US HOUSE OF REPRESENTATIVES 1ST STATE DISTRICT AUDITOR

RYAN K. ZINKE

CURRENT OCCUPATION: Business Consultant CAMPAIGN WEBSITE: www.RyanZinke.com

is almost unrecognizable. Unlike my opponent I believe the power belongs to the people, not the government. I believe the best thing the government can do for the economy is get out of the way. And I believe that we need to once again grow our way to prosperity, not “tax the rich” and spend your money.

Arrow-Circle-Right Please briefly introduce yourself.

I’m a fifth generation Montanan. I was born in Bozeman and raised in Whitefish where Lola and I raised our family and where I still live today. My family’s Montana story started in the east where my grandmother was a one-room schoolhouse teacher and grandpa was a laborer building the Fort Peck dam.

They worked hard, opened a series of small businesses and instilled in me a never quit work ethic that I brought to high school, college and then the military.

After serving 23 years as a US Navy SEAL, I came back home to Montana.

I was elected to the State Senate and to represent Montana as the loan congressman. In 2016 President Trump asked me to serve as the US Secretary of the Interior where I prioritized regulatory reform, making America energy independent, rebuilding infrastructure on federal lands, and honoring Teddy Roosevelt’s version of multiple use federal lands. I’m running for Congress again because the direction our country took after two short years of Biden-Pelosi

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MONTANA CHAMBER OF COMMERCE

Arrow-Circle-Right What makes you the pro-business candidate for this office? I come from a family of small business owners, dating back to a Ford dealership in the 1930s, three generations of plumbers and my wife owns and operates a family business. As your congressman and as Secretary of the Interior, I voted for and implemented policies that reduced the tax and regulatory burden on job creators and made it easier to start a business and do business on federal lands. I support allowing business owners to reinvest in their business or pass it down to their kids without being taxed into oblivion. And, unlike my opponent, I support policies that bring down inflation by curbing government spending and mandates and by making energy abundant and affordable again.

I am currently assembling a business advisory committee on my campaign to identify and address issues important to Montana’s diverse business community.

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress? In addition to previously mentioned family background and professional experience in Congress and the Cabinet, I am also in the process of assembling a business advisory committee to assist in identifying challenges and opportunities for

legislative action to benefit Montana’s business community. In the Navy I was never the best jumper, diver, sniper, or explosive expert; however, I always knew who was. My team has already talked to leadership at the Chamber about this, but I am committed to surrounding myself with advisers who are the experts in their field; and that means working with many of you to stay informed and create made in Montana solutions to a lot of these made in Washington problems.

Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address it once elected? We need to make energy affordable again. Economists agree one of the major factors affecting the skyrocketing inflation is the skyrocketing cost of energy. When I was US Secretary of the Interior in charge of federal production, gas was just over two dollars a gallon and energy was affordable and abundant.

Our manufactures, agribusinesses and shipping had all of the power they needed to keep cost low for consumers.

Fast forward two years and it’s damn near impossible to make ends meet on $6 diesel and some states even have scheduled brownouts. We know how to make energy affordable because I did it as Secretary. I will also vote against insane government spending like Build Back Better and Green New Deal.

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space.

I would love to attend one of your meetings and do a Q/A with members.

My door is always open. stop

CURRENT OCCUPATION: Solo Attorney, Tranel Law Firm CAMPAIGN WEBSITE: www.MonicaTranel.com

these constantly changing obligations make it difficult to model a business and plan for the future. Our small businesses that are the engine of Montana’s economy need consistency and common sense. As a small business owner, I will bring practical knowledge, ethics, and common sense to representing our Montana businesses in Congress.

Arrow-Circle-Right Please briefly introduce yourself.

I was raised on a ranch in Eastern Montana with my nine brothers and sisters. My dad had his own business and my siblings and I learned the importance of our local businesses for our state and our communities. The work ethic I learned growing up is the same ethic I used to put myself through law school and compete in two Olympics. I’m running for Congress because I want to work for the working people of Montana, and bring our Montana voice to Congress.

Arrow-Circle-Right What makes you the pro-business candidate for this office? I’ve owned and operated my own law firm in Montana, working for other business owners, landowners, and ranch clients across Montana. I understand the impact regulations and laws have on the operation of a business.

Business owners need predictability— examples of ever-changing laws and compliance obligations are rampant, and

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress? The knowledge I’ve gained representing small, independent businesses across the state, and running my own, informs my priorities and approach to both legislating and representing Montana doing constituent services across western Montana. I am also the mother of three daughters, and I want them to be able to pursue careers here in Montana, as I have been so fortunate to be able to do. Throughout this campaign, I’ve met many folks pursuing incredible interests—including business owners who have expressed concerns over being able to find and retain employees, the cost of living and affordable housing, and the need for a predictable regulatory environment as well as a sense of respect for our communities and everyone who lives in them. I will draw on the relationships I have and continue to make on the campaign trail to do what’s best for Montana, our business community and all our people.

Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address

it once elected? One issue that I will fight for is expansion and improvement of broadband Internet access. Small businesses in Montana shouldn’t be at a disadvantage when competing with the rest of the world because of slow or nonexistent broadband. Further, remote work is a reality of today’s business world.

But, too many Montana businesses—and too many Montanans capable of remote work—are adversely impacted by their lack of ability to access the Internet. In addition, a safe, fast Internet is essential for businesses of all sizes to process credit cards for in-person transactions.

I plan on addressing the lack of highspeed Internet access by working to deploy the funds already allocated for these programs and connecting counties and businesses with the appropriate resources. As an attorney, I worked with rural telcos and have a practical understanding of what works and what does not work on the ground.

US HOUSE OF REPRESENTATIVES 1ST DISTRICT

MONICA TRANEL

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space. I am running for Congress because Montana is my home. I have spent my career here, being an advocate for Montanans across the state. I want to serve Montana, and to see our middle class and our small businesses thrive. I know Montana, and I will serve Montana because I know the people I will represent. I will serve Montana because Montanans are sending me to Congress. My campaign is being funded

by Montanans—and that is who I will work for. stop

EYE ON THE VOTE 2022

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US HOUSE OF REPRESENTATIVES 2ND STATE DISTRICT AUDITOR

MATT ROSENDALE

CURRENT OCCUPATION: Montana’s Congressman (MT-AL) CAMPAIGN WEBSITE: www.MattForMontana.com

We have been married for 36 years and have three sons, and we recently welcomed our first grandchild to the family as well.

Arrow-Circle-Right Please briefly introduce yourself.

I am the Republican nominee for Montana’s new 2nd Congressional District—which is comprised predominantly of central and eastern Montana.

Since January of 2021 I have served as Montana’s lone Congressman and am a member of the Veterans Affairs Committee, (Subcommittee on Health, Ranking Member of the Subcommittee on Technology Modernization), as well as the Committee on Natural Resources (Subcommittee on National Parks, Forests, and Public Lands, the Subcommittee on the Indigenous Peoples of the United States).

Prior to my election as Montana’s Congressman, I served as Montana’s State Auditor and Commissioner of Securities and Insurance. As State Auditor, I also served as a member of Montana’s Land Board where I worked to increase public access to over 45,000 acres of public land. I was also honored to serve in the Montana State Legislature from 2011 to 2016, during which time I served as the Montana State Senate’s Majority Leader. I spent my career working to grow our family business and am proud of my strong record of supporting probusiness policies, voting against irresponsible spending, and working to cut taxes during the course of my short time in Congress.

My wife, Jean, and I live on a ranch near Glendive where we have resided for 20 years.

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MONTANA CHAMBER OF COMMERCE

Arrow-Circle-Right What makes you the pro-business candidate for this office? I have a strong business background and I know that businesses create jobs—not government. I have experienced firsthand the incredible burden of government regulation, have had to make difficult decisions to make budgets balance, and have felt the anxiety that comes with being responsible for putting food on the table for your employees.

I also have a proven track record of successfully fighting for pro-business policies—both in the past as a member of the Montana State Senate and your State Auditor, as well as throughout my first term in the U.S. Congress, I have made it my mission to cut burdensome regulations, cut taxes on small businesses and families, and rein in out-of-control government spending.

That’s why I was recognized as a “Champion of Business” twice by the Montana Chamber of Commerce and why I feel that I am the only candidate in the race for Montana’s 2nd Congressional District that has the business experience and background to effectively represent Montana’s diverse economic interests.

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress? I have a strong business background and I know that it takes time, hard work, and a dedication to achieving a specific goal to actually make progress and move a business forward. I believe this experience has given me the unique perspective of knowing what it takes to manage people, budgets, and how to grow a business while weathering the challenges that economic uncertainty and government red tape can create.

I draw on this experience frequently and it helps guide my decision making when it comes to casting votes on legislation that will impact our business community here in

Montana. As your representative in Congress, I also draw on my experience serving as the Majority Leader in the Montana State Senate and my time as head of the agency which regulates Montana’s insurance and securities industries. This varied experience provides me with significant expertise and a unique perspective on many of the critical issues facing our state.

Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address it once elected? In the short amount of time since President Biden took office, we have seen a dramatic increase in government spending, record inflation, a continuation of the workforce and supply chain problems we experienced as part of the COVID pandemic—and to top it all off, we are dealing with record fuel and energy prices that have been exacerbated by the Biden Administrations blind commitment to shutting down domestic oil, gas, and coal development.

I am focused on working to correct our current economic trajectory by voting against irresponsible government spending, working to get Congress to pass a budget, and encouraging the development of our domestic energy resources to bring down fuel and energy costs.

Congress is responsible for setting our nation’s budget and being good stewards of taxpayer dollars—and they have failed miserably. After just a little over a year in Congress, I have seen just how dysfunctional things are in D.C.—especially when it comes to our budget (or lack thereof).

If re-elected, not only will I continue to fight for policies that help move our state, and our nation, towards energy independence but I will always vote against wasteful spending, and will work tirelessly to get Congress to pass a budget, lower taxes, and eliminate unnecessary government red tape to help get our economy moving in the right direction. stop

CURRENT OCCUPATION: Small Business Owner CAMPAIGN WEBSITE: www.PennyRonning.com

people of our state. Most folks in Montana are connected in some way to a locally owned business and it’s these businesses that have served as the backbone to communities throughout our state. I believe protecting small and locally owned businesses throughout Montana while also welcoming the opportunity larger business brings to our state is imperative to growing our economy in a healthy and productive way.

Arrow-Circle-Right Please briefly introduce yourself.

I grew up in Billings working my first job at the age of eight at my family’s restaurant, The Happy Diner. While I have been blessed to live throughout and travel the world, Montana has always been home, and it is here that I earned a Bachelor of Arts Degree and an MBA. I recently completed an elected four-year term on Billings City Council, am a small business owner, served as president of the Livingston Downtown Association, have created and served with multiple nonprofit organizations and programs to build economies, protect victims of crime, fund public safety, address homelessness, build the arts, protect Montana’s wild lands, and more. I believe a strong democracy is one where communities are healthy and thriving, and this is why I am dedicated to building economies where opportunity exists for folks from all working classes.

Arrow-Circle-Right What makes you the pro-business candidate for this office? I’ve been a business owner, an effective policy maker, and someone who sees through the noise and the division to what unites Montanans. Montanans are hardworking people who want a fair shot at the market place and a government that believes in and invests in them. As a Montanan, I, too, want these things for the

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress? I earned an MBA and put it to work for community development, as a business owner, and as a policymaker. I co-founded the Yellowstone County Area Human Trafficking Task Force, the largest such task force in Montana, and have secured funding from the Montana Legislature for law enforcement, co-authored state bills on public safety, and participate in national committees developing federal policy against crimes of sexual violence and child sexual abuse material, and, in 2020, I was the lone Montanan invited to the White House Summit on Human Trafficking. On Billings city council, I led in passing an ordinance to shut down criminal enterprises and my leadership was instrumental in the passing of two public safety mill levies. I also took a leading role on issues of economic development, business, energy cost savings, infrastructure, mental health, substance abuse, and homelessness.

Penny Ronning Candidate for U.S. Congress 8.3.2022 In a politically divisive climate, I have successfully initiated and passed significant pieces of legislation that benefit Montanans. Through my roles on Billings City Council and the YCA Human Trafficking Task Force, I’ve spent years working with both state and federal policy makers as well as citizens throughout Montana to improve economies, public safety, public/private

partnerships, development, and more.

Writing and passing good policy is not about writing checks or towing a party line, it’s about true representation that benefits communities, the citizenry, and the whole of our country.

Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address it once elected? Montana’s family farms and ranches are being priced out of the competitive market place. This is not good for Montana nor our country.

Montana’s agriculture is among the best in the world and our family farmers and ranchers deserve their fair shot in the market. Agriculture is tied to many issues including the economy, healthcare, and climate change. Montana’s farmers and ranchers work hard to be on the forefront of a healthy agriculture system that benefits our country’s economy, produces healthy food, and improves crop, water, and soil systems to name a few. Working to protect and develop Montana’s family farms and ranches is a priority to me.

Among other things, I want to ensure competitive practices in the meatpacking industry by working with local farmers and ranchers, increase the number of [local] distributed meatpacking businesses by developing cooperatives, and introduce a bill to increase cattle spot market sales.

US HOUSE OF REPRESENTATIVES 2ND DISTRICT

PENNY RONNING

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space.

Civility has been lost in the highest levels of government, and the people’s trust has been compromised. I’m not blind to the problems, but I see the possibilities that lie within us and extend beyond us. I was raised by generations of Montanans. I understand the hopes and dreams of Montanans who live in this great state. Let’s talk to each other as neighbors. Let’s work together doing what’s right for Montana.

Together, let’s put people over politics. stop EYE ON THE VOTE 2022

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US HOUSE OF REPRESENTATIVES 2ND STATE DISTRICT AUDITOR

SAM RANKIN

CURRENT OCCUPATION: Attorney CAMPAIGN WEBSITE: www.RankinForCongress.com

Arrow-Circle-Right Please briefly introduce yourself.

• Born and raised in Billings • 77 years old • B.A and J.D. degrees • Peace Corps India • 199th Light Infantry Brigade - Viet Nam • Married • 4 adult children • Real estate broker for 49 years • Attorney for 3 years Arrow-Circle-Right What makes you the pro-business candidate for this office? I own two small businesses, went through the 1980’s recession and if not for my wife, I’m not sure how we would have made it. Plus, my father owned a local men’s clothing store where I learned about taking inventory, daily bank deposits, and sweeping the floor.

Small businesses are essential to the American Dream, and I support the “value added” theory of capitalism, that is, you make your profit by giving value to what you do and not by fancy foot-work or slick-talking. Locally, the value-added theory I follow is embodied by Matt P. in Livingston. To help more people like him, I would support, at the federal level,

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MONTANA CHAMBER OF COMMERCE

policies to reduce tax and regulatory rules that often seem designed to discourage economic growth and reduce entrepreneurial opportunities.

Someone starting a business today needs a battery of lawyers just to comply with the myriad of government regulations. Zoning and occupational licensing laws often inhibit the type of small businesses that may help people work their way out of poverty. Questions regarding big business involving consolidation, concentration, and monopoly are emerging issues across the country, especially in manufacturing, retail, and other areas. Many people feel like they are losing out in the way the economy is organized.

Far too many people and businesses are dependent upon government checks and tax breaks that cost us all but benefit the very few. No one has the right to cover their losses at taxpayer expense— and yet wealthy corporations demand exactly that. The federal government has bailed out railroads, banks, and other corporations with our tax dollars. This must stop! Those who enjoy the possibility of profits must not impose risks of losses on others via government guarantees or bailouts.

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress? Knowing my experience helping people compromise on an issue and moving on is much better than planting your feet and fighting, then complaining nothing has changed.

Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address it once elected? Jobs are my highest priority here in Montana. As a freshman

Congressman, I will request help from those currently in Congress i.e. Sens Tester and Daines, who I’m sure share my priority.

The value-added concept should be prioritized at the federal level but apply to the states and developed in close conjunction with each state’s governor and administration. Here in Montana it would initially apply to what we do: cattle and grain and later as the program matures, apply to other local industries.

I would initially begin with reviewing tax programs and subsidies of food producing conglomerates that are set to expire or be reduced with the idea of either not renewing and/or reducing them, Tyson, JBS, Cargill and ArcherDaniels to name a few. I believe it would level the playing field between local producers and corporate conglomerates.

At the same time I would explore the regulations of federal oversight regarding health and safety with the idea there may be areas where the states could, within reason, apply the regulations at the state level. We must keep the health and safety of the public and workers a priority, but there are regulations that common sense tells you are overkill and modifying them would not jeopardize the health or safety of public or the workers. Hopefully, this would allow locally owned companies to more easily enter into the value-added industry and thereby add jobs for Montanans.

Next I would talk to all the grocery outlets, small and large, and encourage them in agreeing to stock their stores with the locally produced foods, even if only in their localized area. I believe if the locals knew there was locally produced food they would be inclined to support and buy the product which would add jobs and tax revenue to that local economy.

There are gaps, but my basic outline and intent should be evident. stop

CURRENT OCCUPATION: Co-owner of Buchanan Capital, Inc. CAMPAIGN WEBSITE: www.BuchananForMontana.com

Arrow-Circle-Right Please briefly introduce yourself.

I have been happily married to Norma Buchanan for 51 years. She works with me, along with my daughter Kelly and my son Todd, at Buchanan Capital, Inc. I enjoy chasing my four grandchildren across Montana to watch them compete in sporting events. I am an outdoorsman and was the first chairman of the MT Nature Conservatory. I have a current hunting and fishing license and still own sporting weapons, but I have given many of them to my son and grandson for them to enjoy. I am a bonafide political independent, having worked with multiple Democratic and Republican governors. Much of my success in public affairs has come as a result of my ability to work across party lines—a skill now virtually nonexistent in Montana politics.

Independents are now the only growing sector in Montana and National politics as a result of criticisms of both the Republican and Democratic parties.

Arrow-Circle-Right What makes you the pro-business candidate for this office? My career in Montana business

started over 43 years ago at Merrill Lynch in Billings. I was also in Senior Management at DA Davidson and Dain Bosworth. I started Buchanan Capital, Inc. in 2002. Besides running successful businesses, I have been appointed to many pro-business, pro-development positions in the public sector. I helped Gov. Schwinden create the MT Dept. of Commerce and was its first director in 1981. I served Gov. Martz on the MT Power Authority. I later chaired the MT Banking Board and the MT Board of Investments. I served on your MT Chamber of Commerce board. My resume and record prove that I am pro-business—I believe that the public sector can work to increase prosperity in the private sector.

Arrow-Circle-Right What expertise will you draw upon to navigate your tenure in the U.S. Congress?

1. Extensive private business experience.

2. Financial and economic background and thought process 3. Regulatory experience as chairman of the MT Banking Board 4. Investment and pension experience as chairman of the MT Board of Investments 5. Member of the MT Chamber of Commerce Board 6. Architect of the “”Build Montana”” Program under Gov. Schwinden (1983) 7. Graduate of 3-year Summer Investment Seminars at the Wharton School (University of Pennsylvania) 8. Led Gov. Racicot’s major reorganization of the Montana state government 9. Created the “Made in Montana” label to help consumers know they are

supporting MT businesses Arrow-Circle-Right Please detail a specific issue related to business that your campaign is prioritizing for this office. How do you plan to address it once elected? Obviously, my first priority will be addressing and reducing inflation. Additionally, I am particularly concerned with Montana agriculture. I am worried about the decrease in agricultural production in our state and I think we need to provide federal incentives for cattle producers to continue raising stock, including tax and inheritance incentives. We need a traffic cop in the USDA to reinforce antitrust issues. In my opinion, our two senators appear to be on the right track on this issue; I would support their efforts in Congress. Having worked with agriculture clients for 43 years gives me a background on this issue. I have also been reaching out to leaders in the industry since declaring my candidacy. I am very concerned with the consolidation and oligopoly in the meat and grain industries.

US HOUSE OF REPRESENTATIVES 2ND DISTRICT

GARY BUCHANAN

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space. I am the candidate with the most business experience in this race and have worked successfully with a broad range of issues. I have a history of pushing for pro-business legislation in Montana because I believe people in power are responsible for helping to build a solid business community at home. I would continue to draw upon this philosophy in Congress. I am also a good listener and consensus-builder. I would be a responsible Congressman and a friend to the Chamber in office.

Thank you! stop

EYE ON THE VOTE 2022

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PUBLIC SERVICE COMMISSION DISTRICT 5

JOHN REPKE

CURRENT OCCUPATION: Retired CAMPAIGN WEBSITE: www.Repke4PSC5.com

Arrow-Circle-Right Please briefly introduce yourself.

I am 64 years old, currently retired and living in Whitefish with my wife, Beth. I have a BS in Finance from Ohio State University and an MBA in Finance from the University of Denver. I have 40 years of experience in business finance and management in various positions from accountant to analyst, to Chief Financial Officer. I have managed businesses involved in oil & gas production and refining, municipal waste services, hazardous waste services, waste-to-energy generation, pipeline inspection and maintenance, and in Montana, lumber product manufacturing. I spend my free time enjoying outdoor activities and working to improve the community I live in.

Arrow-Circle-Right Would you approach your role in this position as a policy influencer - advocating as such, or as a regulator - applying and enforcing existing law? Please explain. The role of Public Service Commission is, by statute, that of regulator. The PSC is charged with supervising and regulating the operations of public utilities, common carriers, railroads, and other regulated industries.

Its most prominent role is as rate-setter for these industries—which are primarily monopolies—and therefore, it is critical

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MONTANA CHAMBER OF COMMERCE

the PSC properly examine utilities’ proposals before approving costs that can be passed along to ratepayers. The Commission also acts as a regulator when it approves market entry or exit of service providers. Additionally, the Commission has the role of regulator (or some may say adjudicator) when it settles disputes between parties, such as prices for energy purchases from Qualifying Facilities. The Commission’s most policy-influencing function is its rulemaking function, but even there, the Commission’s rules should be adopted based on a record that has been built, through testimony, exhibits, and arguments, existing statute, and legal precedent. It would be naïve to believe the PSC’s regulatory decisions do not implicate policy matters, as the Commission establishes a policy for rate structures and levels of service and enforces service requirements. However, its role as supervisor and regulator is more in the nature of adjudicatory than policymaking. My approach to this role would be consistent with the statutory framework under which the PSC was established.

Arrow-Circle-Right Do you favor the creation of an advocacy staff for the PSC (independent in action but administratively tied), or to leave that responsibility to the Montana Consumer Council? Please explain.

Montana’s Constitution establishes the Consumer Counsel, who is charged, under the Constitution, with representing consumer interests in hearings before the PSC. In other words, the Consumer Counsel holds the advocacy function. To place a role of advocacy in the PSC, therefore, would be duplicative, unnecessary, and ultimately, in my opinion, ill-advised. I have attended several PSC hearings, and from what I have seen, as well as from what I have read in case summaries, the Montana Consumer Counsel is effectively upholding its

responsibility as a consumer advocate. I am opposed to the creation of an advocacy function under the oversight and control of the Public Service Commissioners, because 1) I support retaining the advocacy function in the Montana Consumer Counsel and 2) highly partisan Commissions without any balance, like we have now, could create an environment where an internal advocacy function is unduly influenced, and the objectivity of its work is compromised.

Arrow-Circle-Right Would you support alternative dispute resolution practices over the traditional contested case process when such matters come before the PSC? Why or why not?

Posed as a choice between the two alternatives, I would stay with the contested case process. There may be opportunities to employ alternative dispute resolution in certain situations, and, as a practical matter, many final orders issued by the PSC consist of approvals of parties’ negotiated settlements. But I believe a wholesale replacement of the contested case process would be a shirking of the Commission’s responsibility as critical decision-maker in rate-setting cases in monopoly markets. If the concern is efficiency of the Commission decisionmaking, the much better way to address that is to support election of skilled, dedicated, full-time Commissioners rather than devise workarounds to accommodate Commissioner shortfalls.

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space.

To do the job of Public Service Commissioner as intended by the law and as deserved by all Montanans—both ratepayers and utilities - a commissioner must have relevant experience, proven integrity, and full-time dedication to the work. I look forward to bringing all of those to the PSC. stop

CURRENT OCCUPATION: Supreme Court Justice CAMPAIGN WEBSITE: www.JimRiceForJustice.com

Martz, and have been re-elected three times. I am married to Norine Nelson of Hinsdale, Montana, and we have three children and ten grandchildren.

Arrow-Circle-Right Please briefly introduce yourself.

I grew up in eastern Montana, obtained a pilot’s license at age 17, and worked at aviation-related jobs during my college years, including on a helitak fire team for the Montana DNRC. After law school, I was a public defender for four years, was a partner in a private firm for 16 years, and was elected to three terms in the Montana Legislature. In 2001, I was appointed to the Montana Supreme Court by Governor Judy

definite error has been demonstrated or where the precedent is clearly no longer sustainable.

Arrow-Circle-Right What issue(s) inspired your run for this office? We live in turbulent times, and are witnessing on many fronts the undermining of our institutions and the rule of law. I have opposed these alarming actions and emphasized adherence to the principles of law and governance that have served us well—and given to us the tools for any reform necessary to improve the system.

Arrow-Circle-Right To what extent do you believe a judge should or should not defer to the actions of the legislature?

Separation of powers requires a judge to defer to the Legislature unless it is demonstrated beyond a reasonable doubt that a legislative action is legally invalid. The question is whether it is possible to uphold the action, not whether it is possible to invalidate it. And in no case should a court undertake to legislate it’s own solutions.

Arrow-Circle-Right Please explain how the Court should reach the appropriate balance between following precedent and allowing for flexibility in the law. Following precedent is not merely the preferred course, but the presumed course. This ensures legal stability and predictability on which individuals, businesses, and governments can make prudent decisions. Precedent should be overturned only in rare instances where a

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space. In this time of uncertainty, I offer my experience of over 30 years in public service, including over 20 years on the Court, and will continue my best effort to apply the law impartially and within the parameters of our constitutional system. I appreciate your consideration as I seek another term. stop

EYE ON THE VOTE 2022

SUPREME COURT JUSTICE #1

JIM RICE

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SUPREME COURT JUSTICE #2

INGRID GUSTAFSON

CURRENT OCCUPATION: Justice, Montana Supreme Court CAMPAIGN WEBSITE: www.GustafsonForMontana.com

Arrow-Circle-Right Please briefly introduce yourself. I am Justice Ingrid Gustafson.

I am running for re-election to the Montana Supreme Court. My husband and I raised our two children here in Montana. My daughter is now a Major in the U.S. Air Force and my son and son-in-law are both elementary education teachers. My grandparents were Montana cattle ranchers.

After graduating from the University of Montana School of Law in 1988, I practiced law for 16 years representing hard-working Montana citizens—farmers and ranchers, office workers, teachers, accountants, doctors, firefighters, and business owners.

In 2004, Republican Governor Judy Martz appointed me district court judge in Yellowstone County, the largest and busiest district court in the State. Over a thousand cases a year came before me, deepening my perspective on how the judiciary can meet the needs of Montanans and Montana businesses. In 2011, I started the county’s first felony drug treatment court and also began operating a child abuse and neglect pilot court to successfully reunify and improve the lives of families. These judicial improvement programs have not only resulted in transformative change in participants’ lives but considerable cost-savings to taxpayers.

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MONTANA CHAMBER OF COMMERCE

In 2017, I was honored to be appointed to the Montana Supreme Court, after being selected as a finalist by an independent panel of Montana citizens, lawyers, and judges. Over the past five years, I have participated in over 1,000 Montana Supreme Court opinions.

During this same time, I have accepted many added responsibilities, serving as President of the Montana Judges Association; as a Commissioner on the Montana Commission on Sentencing, a legislatively created commission formed to conduct a comprehensive analysis of Montana’s criminal justice system; a member of the National Center for State Courts Evidence Based Sentencing Judicial Peer Group; Montana’s Pre-Trial Advisory Committee; the 21st Century Child and Family Well-Being Appellate Collaborative; the Judicial, Court, and Attorney Measures of Performance workgroup; the Court Assessment Program; and the State Bar’s Fee Arbitration and Bench-Bar Committees.

Arrow-Circle-Right What issue(s) inspired your run for this office? I have nearly 20 years judicial experience, a passion for the law, and care deeply about Montana and Montanans. I have dedicated over half of my professional career to public service and have a hard-earned reputation of being fair and impartial, handling approximately 16,000 cases in my judicial career. Throughout my tenure on the Montana Supreme Court, the court has earned a 90% approval rating for consistency, efficiency, and effective application of the law.

Montana is one of the nation’s leading small business growth states—with entrepreneurs/employers flocking here because of our positive business growth stance and predictability and consistency of the legal business environment. I believe the work of our courts is vital to the well-being of Montana’s citizens and the continued economic prosperity of our state.

Arrow-Circle-Right Please explain how the Court should reach the appropriate balance between following precedent and allowing for flexibility in the law. Stare decisis obligates courts to follow precedent when making a ruling on a similar case, it ensures cases with similar circumstances and facts are approached the same way. This operates to strengthen the rule of law by providing predictability and stability in judicial decision-making and by constraining judicial discretion. This predictability and stability in the law is good for individuals and business. In the absence of predictability and stability, individuals and businesses have difficulty making decisions, understanding the consequences, and managing their affairs effectively.

Courts should be cautious in straying from precedence with recognition that frequent shifts in interpretation of law have potential to not only undermine the court’s legitimacy but disrupt economic stability. Rigid adherence to precedent though may lead to injustice in a particular case or restrict proper development of the law. The decision to stray from or overrule precedent should be based on special justification or strong grounds that extend beyond mere disagreement with the merits of the prior decision’s reasoning. In deciding to stray from or overrule precedent, a Court should consider prudential and pragmatic factors that encourage the rule of law while balancing the costs and benefits to society of affirming or overruling prior precedent—the quality of the precedents’ reasoning, the precedent’s continued workability and consistency with related decisions, whether there is changed understanding of the factual understandings underlying the precedent, and the level of economic, continued on page 14

CURRENT OCCUPATION: Small Business Owner, Private Practice Attorney, and Current President of the Montana Public Service Commission CAMPAIGN WEBSITE: www.JamesBrownForMontana.com

Arrow-Circle-Right Please briefly introduce yourself. I’m a proud 4th generation Montanan who grew up in Dillon, attended Beaverhead County High School, and graduated with a double major in History and Political Science from the University of Montana— Missoula. I earned my law degree from the Seattle University School of Law and hold a Masters in Tax Law from the University of Washington. I clerked for the then Chief Justice of the Washington State Supreme. I’ve had multiple legal cases heard before the Montana Supreme Court, the Federal District Court of Montana, and the Ninth Circuit Court of Appeals. I’ve been a private practice attorney for over 17 years representing Montana’s farmers, ranchers, and small business owners. I’m an avid outdoorsman who enjoys camping, fishing, hiking in the backcountry, and mountain climbing.

Arrow-Circle-Right What issue(s) inspired your run for this office? I was humbled to hear from farmers, ranchers, and small business owners from across Montana asking me to step-up and run for the Montana Supreme Court. They indicated they wanted a Supreme Court Justice who would abide by the Constitution and follow the law—not make law from

the bench.

One just needs to look at recent headlines to see the unprecedented attacks on law enforcement and first responders, on parental rights, on individual liberty, on Second Amendments Rights, on our U.S. Supreme Court justices, and on our small businesses. Folks are greatly concerned about judicial overreach, unilateral decision-making, and the lack of government transparency coming from the Montana Supreme Court.

My years of legal work have been dedicated to limiting government and to ensuring the equal and impartial administration of justice. As such, I am running based as the only constitutional conservative in this race and running on a philosophy dedicated to preserving faith in the rule of law, interpreting the Constitution and laws as written, bringing accountability back to the judicial branch, and ensuring that we protect the ability of Montanans to govern their own lives.

Arrow-Circle-Right Please explain how the Court should reach the appropriate balance between following precedent and allowing for flexibility in the law. There is consensus among legal and economic academics that faithfulness to the law and Constitution as written is crucial to economic growth and prosperity.

Further, there is consensus that disregard of the rule of law is detrimental to job growth and creation.

For many years, the Montana Supreme Court has been criticized for its failure to adhere to legal precedent (including its own past decisions), with decisions favoring governmental and trial attorney interests and positions. Often the decisions of the Montana Supreme Court have come at the expense of small businesses and entrepreneurs—the persons and entities that create most new jobs and financial growth.

As an attorney who has represented small business owners for years, I have observed the Court’s jurisprudence deviate from strict interpretation of Montana statues and the Constitution.

This situation has done harm to the overreaching judicial goals of providing clarity, stability, and notice to business owners who are hauled into Court by overzealous litigants. At times, the Supreme Court has issued opinions that were based not on applying the law as written, but rather on the Court’s self-determination that there is ‘flexibility’ in the law which allows them to make policy decisions or to reach the ‘right’ result regardless of what the law requires. But, as Alexander Hamilton observed in Federalist NO. 73, inconsistency and mutability in how the law is interpreted and applied is problematic because it undermines the interests of industry, and fails to give a regular course to the business of society.

My judicial philosophy is one of being a strict constructionist, meaning that I view my role as a Supreme Court Justice to be that of following Constitution and applying the law as written—and not one of legislating from the bench. The Montana Supreme Court has a wellearned reputation for being antibusiness and for being quick to overrule precedent. Considering this, if elected I will work to restore faith in the judiciary, adhere to the rule of law, and, above all, protect Montana values.

SUPREME COURT JUSTICE #2

JAMES BROWN

Arrow-Circle-Right To what extent do you believe a judge should or should not defer to the actions of the legislature?

Article III of the Montana Constitution makes clear that Montana’s government is divided into three distinct branches, the legislative, the executive, and judicial. The Montana Constitution also makes clear no persons charged with the exercise of power belonging to one continued on page 14

EYE ON THE VOTE 2022

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SUPREME COURT JUSTICE #2

INGRID GUSTAFSON continued from page 12

societal, and governmental reliance on the precedent.

Arrow-Circle-Right To what extent do you believe a judge should or should not defer to the actions of the legislature?

Our constitutional system of government provides each branch of government particular functions. To assure our three branches of government work as our constitution provides, each branch must maintain focus on its primary responsibilities. The legislative branch is primarily responsible for enacting laws and appropriating the money necessary to operate government functions. The judicial branch is charged with interpreting and applying the constitution and law. In this capacity, courts exercise judicial review to determine if enacted legislation is constitutional and judicial interpretation to determine what enacted laws mean and how they are applied in specific cases.

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space. A fair and independent judiciary is a cornerstone to preserving our democracy and maintaining our economic stability. To provide justice for everyone, maintain our rule of law, and assure our three branches of government work as our Constitution provides, judges must be able to act free of the pressures of partisan politics, special-interest groups, and the other branches of government. I understand the gravity of judicial decisions, the significant impact those decisions have on the individuals and businesses involved.

I take very seriously the responsibility and trust voters have placed in me and fully understand the Montana Supreme Court’s responsibility to provide clear, consistent guidance to trial courts, attorneys, and Montanans. I will continue to work hard, study the law, and strive to make impartial, well-reasoned decisions, and maintain the high professional standards of the Court. stop

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MONTANA CHAMBER OF COMMERCE

JAMES BROWN continued from page 13

branch shall not exercise any power granted to another branch. With this stated, it is the role and prerogative of the Montana legislature to make law. Therefore, legislative enactments are, as a matter of law, presumed to be constitutional. Yet, the Montana Supreme Court has repeatedly tossed aside this presumption of constitutionality and, in turn, exercised the power granted to the legislative branch by interpreting laws in such a manner as to make them void as drafted and by declaring unconstitutional legislation that was enacted by the people by and through the legislative and citizen initiative processes. Clearly, the Supreme Court has the power to interpret the law and to declare laws unconstitutional. Of this there can be no doubt. But the Court does not have the power to substitute its judgment for that of the legislature on public policy matters. Over the last four decades, members of the Montana Supreme Court, including my opponent, have often disregarded rule of law standards and shown a bias against free enterprise, thereby damaging economic prosperity. In fact, Justice Rice recently criticized a criminal decision authored by my opponent referring to her opinion as clearly failing to adhere to established precedent. If elected, I will do what my opponent does not—apply the law as written and passed by a democratically-elected body, namely the legislature.

Arrow-Circle-Right If you have additional comments you would like to share with our members, please use this space. For business owners, entrepreneurs, and those interested in economic development, this Montana Supreme Court race is the most important race Montanans will vote on this election cycle. The distinction between myself and my opponent could not be more profound when it comes to business-related matters.

Unlike my opponent, my business, the James Brown Law Office has been a member of the Montana Chamber of Commerce. In addition, my law firm is also a member of the Beaverhead County Chamber of Commerce.

In addition, unlike my opponent, my entire legal career has been dedicated to representing Montana’s economic generators, namely small business owners and agriculture producers. For years, I have provided legal representation to community banks, multiple-use oriented businesses, livestock producers and funeral homes. Most of these clients are also members of the Montana Chamber of Commerce. In addition, I currently serve as the President of the Montana Public Service Commission, wherein I manage 31 state employees and a budget of roughly $4.8 million.

Contrast my pro-business and extensive business management background with that of my opponent. The Montana Chamber recently released its Judicial Review for the 2020-21 time-period. Shockingly, my opponent received a failing grade of 48% on her business score card.

Since her appointment to the Montana Supreme Court by former Governor Steve Bullock, my opponent has consistently made decisions that have been bad for Montana businesses and bad for Montana. If she is elected, her long record of harming business interests will continue unabated for another eight years.

The reality is that if elected, I will be the only Supreme Court Justice that brings a business-related background and knowledge to the Court and its decision making. As a small business owner myself, I know what it means to work with the Montana Chamber in defending and protection our Montana way of life and our economic prosperity. stop

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To create and sustain an optimal business climate, business prosperity, and a strong Montana economy, the Montana Chamber of Commerce, through advocacy, education, and 406.431.3248 • 616 Ave. Ste 300 •workforce, Helena, MT 59624 collaboration, works to provide anHelena empowered and educated reduce business growth obstacles, and advance positions that promote success for Montana businesses.

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Business Days at the Capitol January 2-3, 2017 • Helena Register Online at: Events.MontanaChamber.com/?ee=134

What issues are important to you in the upcoming legislative session?

What would you like to see happen, what issues need to be addressed? Tweet at us, message us on Facebook, or email 2-3 sentences on what issues are impacting your business and need the Montana Chamber’s attention in the 2017 Legislative Session. We want to include more member opinions, feedback and articles in the Eye on Business and start more conversations about what is going on around Big Sky Country. Let us know your thoughts by contacting Nate Kavanagh at Nate@MontanaChamber.com or (888) 442-6668. 

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For more information on voting and the 2022 election, please visit the Montana Secretary of State website at: WWW. SOSMT .GOV