Viewpoint: State Constitution requires governor to live in Helena
Ann Brodsky
The Montana Free Press recently published a story headlined, Gianforte, required to ‘reside’ in Helena, claims homestead tax exemption for Bozeman property. However, while the headline is simple and clear, the story, itself, relied on the Governor’s obfuscation, and like the 2025 property tax laws passed by the legislature, was, on the whole, confusing. It didn’t have to be that way.
The article describes a “pending rule” being prepared by Gianforte’s Revenue Department to modify the “homestead exemption” for residential property owners in a way not provided in the tax laws, themselves, but in a way presumably allowing the Governor to claim he resides both in Helena and is eligible for the “primary residence” exemption on his Gallatin County home to the tune of $2600 in annual tax savings.
The “pending rule” creates an exception to the “principal residence” requirement for “homestead exemption” eligibility to those temporarily absent from their home for “work assignments.” It’s not even clear that the pending rule would or should apply to Gianforte. Is Gianforte’s service as Governor of Montana a “work assignment”? The suggestion, alone, is a flagrant insult to the Office of Montana Governor!
The article goes on to cite the Governor’s press secretary, who implies the Governor has TWO residences. The secretary says Gianforte and his wife “reside” in their private Helena residence, while affirming that Gianforte’s Gallatin County home is his primary residence, as he “owns and lives in his Bozeman home for at least 7 months of the year.”
However, despite the press secretary’s machinations, the bottom line is quite simple. Under Montana law, a person may have only ONE residence. MCA § 1-1-215(2). The requirement is reiterated in Montana’s election laws. MCA § 13-1-113. And under Montana’s Constitution, the Governor must reside in Helena.
Montana Constitution, Articles II, section 2 and VI, section 1(3). Gianforte has not resided in Helena since he took office. He has voted in Gallatin County in 2021, 2022, 2023, and 2024. The pending DOR rule presumably allowing him eligibility for the homestead exemption (and a $2600 annual tax benefit), and the press secretary’s so-called explanation, simply reinforces this truth.
In sum, the Governor has declared himself above the law and a resident of Gallatin County from the time he assumed office as Governor – for election, property tax, and even fishing and hunting law purposes. His residence is not in Helena, as required by the Constitution, even though he owns two mansions there and has chosen not to live in the State-owned Governor’s residence two blocks from the Capitol.
By choosing not to reside in Helena, Gianforte is in flagrant violation of the Montana Constitution, requiring him “to reside at the seat of government,” that is, “Helena.” The evidence is simple and clear.
Ann Brodsky lives in Helena.