HELENA — The Montana Senate voted Monday to refer questions over Sen. Jason Ellsworth’s handling of a state contract to the Senate Ethics Committee for a full investigation. The vote was unanimous – including from Ellsworth himself.
“This is a distraction, and it needs to be taken care of quickly, efficiently and effectively with no bias,” Ellsworth said on the Senate floor Monday. “So I am in full support of dealing with this.”
Senate Majority Leader Sen. Tom McGillvray, R-Billings, made a motion to convene the Ethics Committee and task them with determining whether Ellsworth violated any laws, rules or ethical codes – and if so, recommending what punishment he should face, up to possible expulsion from the Senate.
Ellsworth, R-Hamilton, was the president of the Senate until this year. In that role, he signed off on a $170,000 contract with a man Lee Newspapers identified as a former business associate, directing him to conduct an analysis of the outcomes from a slate of judicial reform bills up for consideration during the 2025 session.
Incoming Senate leadership said Ellsworth hadn’t informed them of the contract, and they asked the state Legislative Audit Division to look into the matter. On Friday, the Audit Division released an initial report, saying the contract hadn’t gone through the proper procedures and that the handling of it had demonstrated “abuse and waste.”
Ellsworth has defended his actions, and his attorney argued after the release of the report that he hadn’t received due process and that the complaint was linked to political motives. Ellsworth was one of nine Republican senators who broke with the new GOP leadership early in the session to reshape committee assignments.
On Monday, senators from both parties said, in light of what was in the report, sending the matter to the Ethics Committee was the best way forward.
Sen. John Esp, R-Big Timber, the longest-serving Republican in the Senate, said it was a “hard day” for the chamber and for him.
“As sad as it may be, the substantiated facts outlined in this memo on your desks demand that we hold an Ethics Committee meeting,” he said.
Senate Minority Leader Sen. Pat Flowers, D-Belgrade, said the allegations are serious and must be addressed, but warned the chamber should “remember the gravity of what we are embarking on.”
“Whatever conclusions the Ethics Committee reaches, and whatever decision this body makes on this matter, must be based on facts, not politics,” he said.
The Ethics Committee is balanced between Republicans and Democrats, with two members of each party.
According to the Montana Constitution, it takes a two-thirds vote of a chamber to “expel or punish a member for good cause.” That would require bipartisan agreement on how to move forward.
After the vote to refer Ellsworth’s case to the Ethics Committee, Senate President Sen. Matt Regier, R-Kalispell, held a news conference. He said he was embarrassed by the allegations against Ellsworth, and that both Ellsworth and the Montana Department of Administration – which has responsibility for state procurement – have questions they need to answer.
Regier said the Ethics Committee will meet on Wednesday and begin to lay out the rules, structure and timeline for the investigation in more detail.
“People in Montana – the voices from Hamilton that he represents – need a quick resolution of this, so I'm hoping sooner than later – talking a few weeks, not months,” he said.
