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.

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