Missoula, MT — The atmosphere in the Montana Senate was markedly calmer Friday compared to the tense and fiery debates of the previous day. The decision to delay a motion to remove Sen. Jason Ellsworth from a key committee came after hours of contentious discussions regarding his alleged mishandling of a state contract.
Senate Majority Leader Tom McGillvray, R-Billings, announced Friday that, following discussions with fellow senators, he had decided to put off a proposed motion to remove Ellsworth, R-Hamilton, from the Senate Finance and Claims Committee. The motion had been set to be presented after a series of emotional debates on Thursday, which saw sharp divisions within the Senate.
“I think it is a good time to take a breath and talk this over more and address the issue at a later date,” McGillvray said in a statement to the floor. The delay came in response to growing concerns among senators that further escalation might complicate the investigation and the legislative process.
Ellsworth faces accusations stemming from his time as Senate president when he approved a $170,000 state contract late last year without following proper procedures. A Legislative Audit Division report condemned his actions, claiming they demonstrated “abuse and waste.” Ellsworth has denied the allegations, with his attorney contesting the findings.
Last week, the Senate voted unanimously to refer the matter to the Senate Ethics Committee for review. However, the process took a new turn on Thursday when McGillvray announced plans to remove Ellsworth from the Finance and Claims Committee, replacing him with Sen. Vince Ricci, R-Laurel. This proposal, which requires a one-day notice before being voted on, was set for discussion Friday.
In a dramatic twist, Senate Minority Leader Pat Flowers, D-Belgrade, introduced a motion to suspend the Ethics Committee’s investigation and refer the allegations to the Montana Department of Justice for further review. The motion passed by a narrow margin of 27-22, with all 18 Senate Democrats and nine Republicans, including Ellsworth, supporting the move.
Flowers explained his reasoning for the motion, arguing that the ethics process had become too politicized and was now resembling a criminal prosecution rather than an impartial fact-finding process. He called for the Department of Justice to handle the case, emphasizing the importance of integrity in the legislative process.
“At every turn, Democrats have tried to support an unbiased and impartial process to review the allegations against Senator Ellsworth,” Flowers said in a statement following the vote. “Our integrity as legislators is paramount. The Ethics Committee has alleged criminal offenses, and it is appropriate that we put Montana’s top law enforcement officer on the case.”
McGillvray, however, clarified that the leadership’s decision to delay the removal motion was made to allow for further discussions, particularly with the minority party, to reach a resolution that would be agreeable to all sides.
“We’re just pulling back right now because we want to have more time to talk with the minority party — because I think everybody sees it’s a problem,” McGillvray said. “We just need to figure out what’s the best way to address it.”
On Thursday, Sen. Daniel Emrich, R-Great Falls, had announced plans to introduce a motion to expel Ellsworth from the Senate entirely. However, the motion was not presented on Friday. Senate President Matt Regier, R-Kalispell, remarked that expulsion would be premature and that the situation required further investigation.
“We’ll continue to go through these steps, see what DOJ says, and see what happens further with the Ethics Committee,” Regier said.
The tension surrounding Ellsworth’s case has also drawn the attention of the Montana Department of Justice. McGillvray shared that Attorney General Austin Knudsen had indicated that the DOJ might not have jurisdiction to pursue the case without a referral from local law enforcement. A spokesperson from the DOJ confirmed they would review any referral from the Senate once it was received but declined to comment further on the matter.
Despite the ongoing drama, McGillvray emphasized that the controversy would not hinder the Senate’s work. “We’re moving our policy,” he said, referencing the ongoing legislative efforts on property taxes, judicial reform, and elections. “This is not going to interrupt the business that we’re about up here.”
As the investigation continues, all eyes will be on the Senate to see how it resolves the issue and whether the controversy will have long-lasting effects on the functioning of Montana’s legislature.
