by Rep. David Bedey, House District 86, Hamilton
State Senator (and John Birch Society organizer) Theresa Manzella and MTGOP functionary Bill Lussenheide would have you believe that a bill I sponsored during the 2023 legislative session was designed to allow noncitizens to vote in Montana elections. This allegation is untrue. In fact, the intent of the bill was exactly the opposite of that being claimed by Manzella, Lussenheide, and their collaborators.
Despite gaining bipartisan support, HB 402 ultimately failed to pass due to the combined efforts of two diametrically opposed factions: Freedom Caucus Republicans—led by Manzella—who misrepresented the bill’s intention and progressive Democrats who thought citizenship verification to be either unnecessary or a potential way to disenfranchise some American citizens. Consequently, the citizenship status of those voting in Montana’s elections continues to be unverified.
It shocks most people to learn that—unlike when applying for a passport—a person cannot be required to provide proof of citizenship when registering to vote. This is so because federal law, i.e., the National Voter Registration Act (NVRA), requires that the only thing one must do to demonstrate citizenship is to check a box on a form. Henceforth, the person is to be considered a U.S. citizen whose right to vote cannot be infringed upon. Like it or not, this is the law of the land.
Attempts by other states to require “documentary proof of citizenship” have been struck down in federal court as unconstitutional violations of the Supremacy Clause and 14th Amendment. Likewise, an executive order recently issued by the Trump administration was struck down on constitutional grounds—this time related to the separation of powers. Until Congress acts to amend the NVRA, requiring individuals to provide proof of citizenship when registering to vote is off the table.
HB 402 was carefully designed in coordination with Montana’s Secretary of State and Department of Justice to conform with the NVRA—and thus withstand challenge in federal court—by directing the Secretary of State to verify citizenship using existing databases without requiring individuals to submit proof of citizenship when registering to vote. Those found to be noncitizens would be immediately removed from the voter rolls and could face prosecution at the state or federal level. But as stated earlier, the bill failed, and so it remains possible that some unknown number of noncitizens continue to vote in Montana’s elections.
The American Civil Liberties Union (ACLU) adamantly opposed HB 402 because it thought the bill would succeed in its intended purpose. As for Manzella and Lussenheide, their opposition might be rooted in ignorance of the challenge current federal law imposes on ensuring that only citizens vote in our elections.
But it is more likely that they have decided that misleading voters on this and other issues is in their political interest. And that interest is to gain power by purging the Montana Republican Party of traditional conservative Republicans who won’t slavishly toe the party line.
Manzella and Lussenheide are counting on Montanans being swayed by a barrage of false advertising that is flooding social media, streaming TV, the airwaves, and their mailboxes. It’s a sad commentary on the state of our politics that the “big lie” techniques perfected by totalitarian regimes during the 20th century are today being employed to deceive Montanans prior to a legislative primary election. I stand against this attack on our constitutional order and the free and truthful debate that we must have in order to best govern ourselves. I ask that you join me in restoring honesty as a bedrock value in Montana politics.
Bill Lussenheide says
Dave Bedey’s HB 402 Defense Is Not a Clarification — It’s a Confession
Dave Bedey’s latest editorial is a master class in political misdirection: long on sanctimony, short on accountability, and dripping with the kind of self-importance that usually appears right before a political career hits the guardrail.
Let’s dispense with the theatrics first. Bedey opens by labeling Senator Theresa Manzella a “John Birch Society organizer,” as if this is supposed to substitute for an argument. It isn’t. It’s an ad hominem fig leaf — and a thin one. When a politician leads with name-calling instead of facts, it’s usually because the facts are inconvenient. The John Birch Society has been battling communists and globalists for its entire existence, a worthy cause that I’m sure any patriot would agree. Bedey has repeatedly called this effort as “extremism”.
Now to the substance — or rather, the lack of it.
The Core Lie: “HB 402 Fixed the Problem”
Bedey insists HB 402 was designed to prevent noncitizens from voting. That sounds reassuring until you read the bill — or understand federal law — or notice the glaring contradiction he accidentally admits.
By his own telling:
Noncitizens can register to vote.
They do so by checking a box.
The state cannot require proof of citizenship.
And verification relies on “existing databases” that are notoriously incomplete, delayed, and inaccurate.
That is not election security. That is bureaucratic whistling past the graveyard.
HB 402 did not require proof of citizenship.
HB 402 did not prevent noncitizens from registering.
HB 402 merely promised the state might someday catch some of them after the fact, assuming the databases cooperate.
Calling that “verification” is like calling a smoke alarm a fireproof house.
The Convenient Villains…
Bedey blames everyone but himself for HB 402’s failure:
Freedom Caucus Republicans for “misrepresenting” the bill
Progressive Democrats for opposing enforcement
Federal courts
Federal law
The Trump administration
The Supremacy Clause
The 14th Amendment
Basically, GRAVITY!
What’s missing from this list?…
Any admission that HB 402 was weak, flawed, and structurally incapable of doing what Montanans actually want: ensuring only citizens vote. If the ACLU opposed the bill, Bedey treats that as proof of virtue. But the ACLU opposes everything that even gestures toward enforcement — their opposition alone proves nothing.
The Telltale Tell…Here’s the moment where Bedey’s argument collapses under its own weight:
“Consequently, the citizenship status of those voting in Montana’s elections continues to be unverified.”
Read that again. Slowly.
After sponsoring the bill.
After coordinating with the Secretary of State.
After invoking the DOJ.
After all the speeches.
Nothing changed.
That’s not a misunderstanding by critics. That’s Bedey’s own admission.
The Real Political Motive…
Bedey’s editorial is not about defending election integrity. It’s about defending status — specifically, a brand of “fake conservatism” that always finds a reason not to fight when it matters, then blames the grassroots for noticing.
So Bedey pivots to the final refuge of the failing candidate: accusing his opponents of running a “big lie,” and invoking totalitarian regimes accusations, and begging voters to ignore their own eyes.
Yet in the same breath, he acknowledges the blitz of social media, television, and mail — not to refute it with evidence, but to complain about its effectiveness.
That’s not moral outrage. That’s panic.
The Bottom Line…HB 402 didn’t secure elections.
It didn’t stop noncitizens from registering.
It didn’t require proof of citizenship.
It didn’t survive scrutiny — from the right or the left. And now Dave Bedey wants voters to believe that everyone who noticed this is either ignorant, dishonest, or dangerous.
Montanans are smarter than that.
Bedey’s editorial isn’t a defense of HB 402.
It’s an epitaph for a political campaign strategy that assumes voters won’t read the bill, won’t connect the dots, and won’t notice when a legislator confuses process with results.
Unfortunately for Dave Bedey, they noticed.
Frank says
You just proved that both you AND Manzella are too stupid to understand any of this. But it’s not surprising, her pathetic record speaks for itself.
Helen Sabin says
Frank – Loosenheide has apparently never read the NVRA # 1 and 2 – but then Loosenheide who dresses up as a FAT Uncle Sam and rides around on parade floats, trying his best to become relevant, his words are best ignored. Maybe if we ignore him he will move to mineral county and bug them? He hangs around there a lot….but then they don’t seem to want him either -so lets suggest he goes back to California from whence he came. He is stinking up the valley with his vitriol and jealousy of a “real man,” David Bedey. But losers often do that – he can’t cut it himself so he calls down others. He is a pathetic individual …