1972’s ConCon transformed Montana’s Legislature | Rich Bechtel

1889 was the height of public distrust of state government. Canals and other infrastructure had bankrupted many states before they had created departments to oversee them. The concept of general legislation did not exist so everything from divorce to formation of companies required a legislative act.

Federal studies found that barriers in state constitutions were among the greatest reasons for the declining role of states in the federal system. A Montana study found over 40 such restrictions.

For nearly 80+ years, even well-intentioned legislator/citizens were stymied because citizens found it impossible to know what was happening—who did what, and how to participate. Recorded votes that meant anything were not allowed. Committee meetings and votes were closed - unannounced and secretive. Entire sessions were extremely limited (60 calendar days every 2 years) and only the governor could call a legislature back.

The Copper Collar was tight around Montana’s neck. Until 1957, the Anaconda Company (ACM) was Montana’s only legislative bill drafting and bill status service. Until 1959, ACM also owned all but one of the state’s daily newspapers - controlling what the people could know. Montana readers were among America’s most knowledgeable about foreign affairs because that was the news the Company papers wanted us to read.

The people were dissatisfied, even trying to go “unicameral” to improve transparency. That failed 3 times between 1937 and 1969. In six of the ten sessions before the (ConCon), the houses were split between the two parties and deadlock prevailed. In the 1960s, the legislature got mired in the new reapportionment process. Over the decade, legislative study groups sprang up across the state and the need for constitutional reform became evident.

In 1969, the legislature gave citizens the opportunity to call a ConCon and created a preparation commission. I was lucky enough to be chosen as the research analyst and staffer for the ConCon legislative committee, working under an organizational genius named Dale Harris, as we wrote impartial studies of what was and was not working in each government and legislature across the nation and world.

The 100 elected citizen/delegates (no sitting legislators could serve) modeled for all to see how legislators could organize their work, collaborate, and act for the good of all citizens. They respected each other and chose to sit in alphabetical order rather than by party affiliation. Missoula’s Lucile Speer, its most progressive member, and Billings’ Ralph Studer, its most conservative, became seatmates and friends, not partisan competitors.

The ConCon’s legislative results? Today ALL legislative votes/actions are recorded and virtually all meetings are announced and open to the public. There is no longer a shroud of secrecy as Montanans have a constitutional right-to-know and participate. Our bipartisan reapportionment commission insures legislative political power reflects our electorate. The length of sessions can be extended, and the legislature now joins the governor in being able to call itself into special session.

It’s a given that a few leaders can set the tone of a community and entire society, either positively or negatively. Their attitudes quietly seep into our minds, often without notice. And now that we live in a world of algorithms, diverse views are not always included.

Montana ConCon delegates reflected the public’s interest not private self-interest. As a result, optimism and creativity flourished in Montana’s public policy, inspiring most research analysts to devote their careers to serving the public interest. Our 1972 ConCon delegates’ work stands in stark contrast to the divided and partisan nature of our society today.