Revise laws regarding legislative subpoenas

Criminal penalties and polling for subpoenas

Beginning July 1, 2025, Montana creates a clear path to enforce legislative subpoenas and charge criminal contempt. When the legislature is in session, the issuing chamber may adopt a simple resolution by a majority of members present to find contempt. When out of session, the presiding officer may issue a proclamation and the secretary of state must poll members: ballots go out within 3 calendar days, are due within 10 calendar days, unreturned ballots count as no, and results are tallied within 1 working day; if a joint committee issued the subpoena, a majority in both chambers is required. After contempt is adopted, the Speaker or Senate President must certify it to the Attorney General for prosecution. Criminal contempt of the legislature is a misdemeanor, punishable by up to a $1,000 fine, up to 12 months in county jail, or both. The law also allows the legislature to ask a district court to enforce a subpoena instead of using this contempt path.