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Associated Press
02-04-2025
- Politics
- Associated Press
Ellsworth receives lifetime ban from Montana Senate floor for ethics violation
Former Senate leader Jason Ellsworth was banned from the Montana Senate floor for life as part of a censure Tuesday stemming from an ethics investigation into a government contract awarded to a friend. The Senate voted 44 to 6 to censure the Hamilton Republican, who has survived three different expulsion votes since mid-March, each failing to reach the two-thirds majority necessary to pass. Before the vote Tuesday, Republican and Democratic leaders praised the compromise. 'It's more than just the Senate Ethics Committee report, so I want to make that clear,' said Senate Majority Leader Tom McGillvray. 'So, we're going all the way back to the (Federal Trade Commission) complaint in 2009 where he was fined $600,000 for failing to disclose material facts to customers in his business in magazine sales. Two different infractions where he was stopped by the Montana Highway Patrol, abused his position as a senator and was ultimately charged with multiple misdemeanors. In May of (20)23 when he was issued an order of protection alleging domestic abuse. December of (20)24, we're all familiar with, two bifurcated contracts, which the legislative auditor found to be acts of fraud, waste and abuse, which led to this ethics committee holding hearings.' The earliest incident cited by McGillvray, specifically Ellsworth's settlement with the Federal Trade Commission, predated Ellsworth's 2018 election to the state Senate by several years. Senate Minority Leader Pat Flowers, D-Belgrade, said the vote was about Ellsworth's failure to disclose his personal relationship with a friend and former business partner, Bryce Eggleston, who in late December received a $170,100 contract to observe and report on how government agencies put into practice any 2025 Republican bills that become law limiting the autonomy of Montana courts. An investigation by the Legislative Audit Division concluded that Ellsworth attempted to split the work into two contracts to avoid a $100,000 threshold that would have required the work to go out for bid. Ellsworth has denied involvement in how the contracts were originally set up. In the end, the state Department of Administration put the work into a single contract classified as a 'sole source' agreement, which allowed the work to be awarded without open bidding. The contracts drew public attention when current Senate President Matt Regier, R-Kalispell, and Majority Aide Rhonda Knudsen reported Ellsworth for investigation to the legislative auditor. Eggleston said he lost interest in the work because of the scrutiny. 'I believe, many of us believe, that this motion is appropriate for the unethical failure to disclose a conflict of interest, which we believe is what is at issue,' Flowers said. 'Penalties in the motion are strict, in my opinion, but I also think they're fair.' The full slate of penalties presented by McGillvray included removing Ellsworth from Senate standing committees and interim committee assignments during the next two years. Ellsworth will be allowed to vote remotely during Senate floor proceedings, including any Senate special session during the 2025 biennium. Ellsworth is banned from initiating verbal communications with executive branch directors and legislative staff. He also lost access to legislative office space, including legislative staff offices for the 2025 biennium. Ellsworth did not respond to press inquiries after the vote. The senator was not present on the Senate floor Tuesday but did vote against censure, which some lawmakers said went too far. 'I have some deep concerns about the fairness of the process from its inception, specifically when the Ethics Committee was convened,' said Sen. Ellie Boldman, D-Missoula. In a Democratic caucus a week earlier, Boldman suggested that Ellsworth was being punished for defying Republican Senate leadership on the first day of the session by collaborating with Democrats in reassign himself and several other lawmakers to preferable committees, this after being assigned to a committee that dissenting lawmakers described a parking spot for Republican senators who prevailed in some of 2024's most contentious legislative primaries. Ellsworth served as Senate president in 2023 but lost the position to Regier this session. 'I think I certainly would have been interested in a compromise, but the good senator from Ravalli County has kids. He has a new grandchild,' Boldman said. 'I'm sure he'd like to, as a former president of this body, be able to come here and, whether he has to vote or not, take photos and still be part of this institution until the day he dies. And I think this is just too close to expulsion for my liking.' Sen. Jonathan Windy Boy, D-Box Elder, said there should have been a stepped-in disciplinary process, akin to a stepped-in warning for employees. 'I think there should be steps or procedures, such as the first being a verbal notice, second being a written notice and third being expulsion,' Windy Boy said. There remains an ongoing investigation by the Department of Justice into an alleged act of official misconduct identified by the Senate Ethics Committee early in its work on the Ellsworth matter.
Yahoo
02-04-2025
- Politics
- Yahoo
Montana Senate votes to punish Ellsworth, revokes lifetime floor privileges
Senator Jason Ellsworth, R-Hamilton, watches a vote during the Senate Floor Session on Wednesday, February 12, 2025. (Nathaniel Bailey for the Daily Montanan) As the Senate chamber emptied on Tuesday afternoon, a sergeant-at-arms cleared off the desk of Sen. Jason Ellsworth. The Montana Senate voted 44-6 to punish the Hamilton Republican, for his failure to disclose a conflict of interest in procuring a contract for a close friend, and for a 'pattern of abuse.' In making the motion, Senate Majority Leader Tom McGillvray, R-Billings, said the punishment was for more than just the conflict of interest which was the focus of a Senate Ethics Committee. He said it encompassed years of wrongdoings by Ellsworth, including running afoul of the Federal Trade Commission more than a decade ago, two altercations with law enforcement, and the work done late last year to a $170,100 contract that skirted procurement rules. 'I think this is appropriate,' McGillvray told his colleagues on the floor. 'These incidents were very, very serious and the Senate should respond accordingly.' Ellsworth, who apologized for only an appearance of impropriety, voted remotely against his own censure. He did not respond to texts or phone calls about his censure. Last week, the Senate voted twice on motions to expel Ellsworth, but couldn't get to the 2/3 majority (34 votes) needed to punish or expel a member, as a majority of Democrats voted against expulsion. Another expulsion vote taken before the censure also failed. Negotiations between McGillvray and Senate President Matt Regier, R-Kalispell, and Minority Leader Pat Flowers, D-Belgrade, took place over the last week, up until Tuesday when McGillvray said he crafted the final language that went 'right up to' the line of expulsion. The censure includes the following: Removal from Senate standing committees No assignment to interim committees No verbal contact with executive branch directors or legislative staff, unless Ellsworth is first contacted by them. Revocation of access to legislator or legislative services office space Revocation of floor privileges for life For the remainder of the session, all Ellsworth can do in an official capacity is vote, remotely, on second and third readings of bills, and on motions made on the floor. Former legislators are allowed floor access after they serve, but Ellsworth will not be allowed to enter the Senate chamber again. Regier told reporters after the vote that he remained disappointed that the chamber was unable to muster the votes to expel Ellsworth, casting blame on the minority caucus. 'This is everything that the public of Montana does not like about politicians, and we didn't expel that from the system,' Regier said. 'I'm still for (expulsion), still disappointed that the Democrat party didn't stand up and get rid of corruption. But I am glad, as a conciliatory action, that action was taken and there was repercussions.' McGillvray added he felt the Democrats likely prevented the expulsion of Ellsworth to secure a vote on legislation. 'Democrats don't protect corrupt Republicans out of principle,' he said. Six members voted against the censure, including two Democrats — Sen. Ellie Boldman and Sen. Jonathan Windy Boy. Two Great Falls Republicans Sens. Jeremy Trebas and Daniel Emrich had voted for expulsion but not for the censure, and Wendy McKamey, also of Great Falls, voted against the censure. Both Democrats spoke on the floor about their reasons for resisting the motion. Windy Boy said he thought there should be a progressive warning system before a punishment was enacted, while Boldman said she still doubted the fairness of the entire process and felt that revoking floor privileges for life went too far. 'The political witch hunt needs to stop,' she said. Many members of the Republican majority, however, still favored expulsion. Sen. Forrest Mandeville, R-Columbus, who led the Senate Ethics Committee, made a substitute motion to expel Ellsworth, which failed on a tie vote. 'I don't see what has changed in the last week that would change my mind that expulsion is the most appropriate punishment,' he said. 'I feel the infractions of the Senator from Senate District 43 has made over the course of his service in the Senate makes him unsuitable for office.' Sen. Chris Pope, a Bozeman Democrat, also served on the Ethics Committee and again made his case that censure was the best route and would be a 'very black mark' on Ellsworth. 'I think there's a sense in this body that our colleague has really fallen and that there needs to be consequences,' Pope said. 'We also, as a body, I think, have been interested in being judicious and being fair, but being very explicit as to what the punishment and what the long term need is here for this body to express itself, and its commitment to transparency and integrity and decorum.' Flowers said he felt the censure was fair, even though it went further than what his party had initially proposed — including the revocation of floor privileges and speaking to legislative staff — and for the most part his caucus had been happy with where things ended up. 'I applaud the Ethics Committee for being as efficient as possible with that effort and fair, but it did take a lot of time and energy, and I think just brought a kind of a little bit of a pall on our proceedings in here,' Flowers said. 'I think all of us are ready and happy to be moving on.' Ellsworth's office had yet to be emptied as of Tuesday afternoon.
Yahoo
06-03-2025
- Politics
- Yahoo
Legislature passes halfway point, debates nearly 250 bills in final days before transmittal deadline
The Montana Senate is seen during the Wednesday, February 12, 2025 session. (Nathaniel Bailey for the Daily Montanan) It's day 47 of the 69th Montana Legislature and lawmakers are deep into the second of two full-day floor sessions. The Legislature blew past the halfway mark of the 90-day session this week and is approaching the transmittal break — five days when lawmakers won't meet — which will last until March 14. Transmittal is one of the first deadlines set by the Legislature to ensure progress is made on the body of proposed laws under consideration for the session. Normally the halfway point of the session, legislative leaders this year delayed transmittal by three days to day 48 of the legislative session, March 7. Transmittal marks the deadline for general bills to pass through at least one chamber, or the bill is considered dead. The exceptions to this rule are revenue, appropriations or referenda bills, and joint resolutions, which can be introduced up until the 62nd legislative day. 'I'm glad that there's a transmittal deadline, otherwise legislators would just keep procrastinating into 2026 I'm sure,' Senate President Matt Regier, R-Kalispell, told reporters on Tuesday. 'It's always a rush like this at the end.' To get through the maximum amount of bills in the finals days before transmittal, both chambers began holding marathon days of hearings — starting as early as 7 a.m. in some committees and running late into the evening earlier this week. Wednesday and Thursday were full-day floor sessions with each chamber gaveling in for a morning and an afternoon slate of bills to debate and vote on. Over two days, the House scheduled 141 bills for floor debate and the Senate scheduled 99 — though a few were debated both days — roughly 17% of all 1,417 bills introduced this session, according to the Montana Free Press Capitol Tracker. That number does not include forthcoming appropriations bills, or a number of draft requests for the Senate to approve gubernatorial appointments According to the online legislative bill tracker, lawmakers requested 4,440 total bill drafts — just shy of the the 2023 session record of 4,643. That session, 1,698 bills were introduced and 885 were adopted and signed by the governor. Both chambers will be in on Friday for floor sessions for final third reading votes on all bills that pass an initial chamber vote today.
Yahoo
02-03-2025
- Politics
- Yahoo
House and Senate make opposite decisions on partisan judiciary bills
The door to the old Supreme Court Chamber at the Montana Capitol. (Micah Drew/Daily Montanan) Leaders in Montana's Republican Party have made it clear that when the Legislature disbands at the end of the 69th session, the plan is to assign the judicial branch in the state shades of red and blue. Speaker of the House Brandon Ler, R-Savage, and Senate President Matt Regier, R-Kalispell, outlined the party's plans for judicial reform early on in the session while Republican Gov. Greg Gianforte told lawmakers during his State of the State address that he wanted a bill on his desk that 'empowers Montana voters to know a judicial candidate's political party.' But among the 150 lawmakers holding forth in the Capitol, the appetite for injecting additional politics into the court system appears to be mixed. Last week, the Senate and House each debated versions of legislation that would attach political party affiliation to justices, splitting their votes. Senate Bill 42, sponsored by Sen. Daniel Emrich, R-Great Falls, passed the Senate this week 28-22 with four Republicans voting with all Democrats against the bill. Under the proposed legislation, all judicial candidates for the Montana Supreme Court, a district court and all justices of the peace would be required to declare a political party and be nominated on a partisan ballot. The bill was strongly endorsed by Gianforte at a press conference on Thursday when he applauded Senate GOP leaders for working with him to move the legislation through the upper chamber. But in the lower chamber, House Bill 295 failed to pass the floor in a 47-53 vote, where 11 Republicans opposed the bill. Similar to SB 42, the House version, carried by Rep. Paul Fielder, R-Thompson Falls, would have allowed judicial candidates to indicate their party affiliation, and would list 'undisclosed' next to any candidate who does not declare a party. During floor debate, Speaker Ler said the bill was necessary because he believes the courts, especially the Supreme Court, has been overreaching its constitutional jurisdiction, and the bill would 'align that court with the values that Montanans hold.' 'I believe that our courts are already partisan, especially our Supreme Court in this state,' Ler said. 'And they have no bones about hiding.' Many supporters of the partisan judicial bills in both chambers said it was an issue of transparency — that the top questions voters ask during the election season is for information on judicial candidates. 'Right now, there is not much information you can get from a judge even if you go listen and talk to them. Their code of conduct, their judicial canons, they can't speak about how they might rule on a case,' said Sen. Greg Hertz, R-Polson during Wednesday's debate on SB 42. But knowing partisan affiliation, Hertz said, lets voters understand more about the principles of the candidate, letting them make better informed decisions. Opponents to partisan judicial elections often invoked a message from Montanan's newly-elected Chief Justice of the Supreme Court Cory Swanson, who last month warned lawmakers against going down that road. 'The judiciary should remain nonpartisan despite the almost irresistible pull of partisan spending and messaging in these highly contested campaigns,' Swanson, a former Republican county attorney, said during a joint session. 'The judiciary does not want this,' Sen. Cora Neumann, D-Bozeman said. 'They want each of our branches to be healthy and independent and trust each other to make good decisions.' Sen. Laura Smith, D-Helena, repeated an opponents' talking point that the broader electorate does not support the idea, citing several survey results. One 2023 survey conducted by Montana State University, Montana Public Interest Research Group and the League of Women Voters showed that 71% of Montanans did not believe Supreme Court justices should run with a political label, and 89% said justices should not consider politics in their decisions. More than half of respondents to that survey reported voting for President Donald Trump in 2020, while 34% reported voting for former President Joe Biden. 'Looking at the data on this, the majority of Montanans don't want their courts to be political,' Smith said. 'One of the primary things that people don't want in their lives, any more than is necessary, is politics.' Senate Minority Leader Pat Flowers, D-Belgrade, equated the judicial branch to baseball umpires. 'If the Yankees are playing the Red Sox, I don't want to have to wonder whether it's a Yankees umpire or a Red Sox umpire,' Flowers said. 'I want to know that they're calling balls and strikes straight.' Sen. Wendy McKamey, R-Great Falls, said she'd put a lot of thought into the issue recently and had recently changed her mind on the bill. 'Initially I said that I prefer to keep justice blind,' McKamey told her colleagues. 'I have seen and witnessed that the judges sitting on the Supreme Court bench, even though they have their personal opinions, are setting aside their personal opinions and looking at the Constitution and making those decisions. And I trust that. So I will be yes.' The Senate bill passed and will be taken up by the House. The House bill died in the floor vote, but another attempt to make Supreme Court elections partisan, House Bill 751, will have a hearing before the House Judiciary Committee on Monday. A related bill allowing political parties to donate to candidates, HB 39, passed both chambers and has been transmitted to the governor's desk. Another bill to change the way Supreme Court judges are selected would put the questions to voters about changing from an elected system to one where judges are nominated through a bipartisan committee and then appointed by the governor. No action has been taken on House Bill 506 since its committee hearing last week.

Yahoo
28-02-2025
- Business
- Yahoo
Bill incentivizing sale of Montana-produced foods moves through the House
Feb. 28—A bill to incentivize grocers to put Montana-produced food on the shelves passed its second reading on the Montana House floor this week with a 59-41 vote. House Bill 440, sponsored by Rep. Jane Weber, D-Great Falls, lays out a pilot program that would provide tax incentives for the sale of Montana-produced food. The bill passed with an amendment to add a sunset date in 2031. "This bill is a Montana-grown solution for our ranching and farming neighbors," Weber said on the floor on Tuesday, stating that it leveled the playing field for local producers. Retail sales of local food in Montana were estimated at $158.5 million, according to a study published by Highland Economics in 2022. There was some concern about the details of the bill and how it would work, but Weber attributed that to it being a pilot program that will get fleshed out. Concerns included how to determine if a product is Montana-produced, how to ensure what shelf space it would receive and whether it would be illegal because it shows preference for Montana products over those from other states. Food sales that would qualify for the tax incentive would include food and drinks, including alcoholic and nonalcoholic. Food and drink prepared for on-site consumption would not be included. HB 440 would allow retailers to deduct up to 50% of net income from the sale of Montana-produced food sales on their income tax. The bill is expected to reduce general fund revenue by around $278,00 in fiscal year 2026, and that reduction would increase to about $1.5 million the following fiscal year, according to the legislation's fiscal note. The state Department of Revenue raised concerns about creating rules around the incentive and creating a detailed auditing and verification process for the deduction. The bill was referred to the House Appropriations Committee, which held a hearing on it Tuesday. Jasmine Krotkov with Montana Farmers Union, told the committee that the bill directly addresses supply chain problems that producers have faced getting products on shelves. "This small investment in Montana producers and grocers can leverage economic benefits throughout the economy," she said. "Our ag producers are the backbone of Montana and all we need is a level playing field to complete for that shelf space." Montana farms and ranches produced $4.54 billion in agricultural products, according to the 2022 Census of Agriculture, and saw a net cash income of $1.14 billion. Sarah Ratkowski, owner of Montana Milk Moovers and the Neighborhood Market in Kalispell, said whether the legislation passes or not it's important to support Montana farmers. "Anything that helps get Montana-produced food into stores is always a good thing because we should all be eating locally grown food. It's fresher, more nutritious and it supports the very communities we live in," said Ratkowski in an email. Flathead County Reps. Ed Bryne, R-Bigfork, Neil Duram, R-Eureka, Terry Falk, R-Kalispell, Steve Kelly, R-Kalispell, Braxton Mitchell, R-Columbia Falls, Amy Regier, R-Kalispell, Courtenay Sprunger, R-Kalispell, and Tracy Sharp, R-Polson, voted against the legislation. Reps. Lukas Schubert, R-Kalispell, and Linda Reksten, R-Polson, voted in favor. Reporter Kate Heston may be reached at 758-4459 or kheston@