Jason Ellsworth in the Senate chamber
State Sen. Jason Ellsworth, R-Hamilton, speaks in the Senate chamber on March 24, 2025, as fellow senators debate disciplinary actions against him. Credit: Zeke Lloyd / MTFP

Former Republican state Senate President Jason Ellsworth will be charged with misdemeanor official misconduct for allegedly attempting to award $170,100 worth of government work to a longtime friend and business partner, the state Department of Justice said Thursday.

Attorneys for the Department of Justice announced the charge against the legislator from Hamilton on Thursday and requested that the court suspend Ellsworth from serving until judgment is issued. Because Ellsworth is facing term limits that prevent him from running for re-election next year and doesnโ€™t serve on an interim committee, the suspension without pay would have a minimal effect on the final year of his term, when the Legislature isnโ€™t scheduled to meet. Ellsworthโ€™s Senate peers in April banned him from the Senate floor for life and from committees for ethics violations related to the contract issue.

Official misconduct is a misdemeanor with a possible maximum sentence of up to six months in jail. Ellsworth could not be reached for comment Thursday afternoon.

Ellsworth served as Senate president in 2023 but in November 2024 his fellow senators elected Kalispell Republican Sen. Matt Regier over him for the 2025 session, which began in early January.

According to the charging documents the DOJ filed in Lewis and Clark County District Court on Thursday, Regier told investigators he learned in early January that Ellsworth had contracted with a friend to track proposed laws related to Republicansโ€™ long-running efforts to address alleged bias in the state court system.

A March ethics investigation by the Senate revealed that Regier and legislative aide Rhonda Knudsen then submitted a tip to the government fraud hotline run by the stateโ€™s Legislative auditor.

Rhonda Knudsen is the mother of state Attorney General Austin Knudsen, who leads the DOJ.

The Legislative Audit Division concluded in January that Ellsworth attempted to split the work awarded to Bryce Eggleston, a former employee of Ellsworthโ€™s magazine subscription business, into two contracts to avoid a $100,000 threshold that would have required the work to go out for bid. The combined value of the two contracts was $170,100. In January, before the investigation into Ellsworth concluded, Eggleston declined the work.

The Senate voted 44 to 6 to censure Ellsworth in April. It voted separately in February to refer a criminal investigation to the Department of Justice.

In a Thursday press release, Regier noted that Republican leadership tried three times to expel Ellsworth from the Senate outright but couldnโ€™t muster the necessary two-thirds majority to do so. Nine Republicans joined Democrats in voting against expulsion in March.

โ€œI applaud Attorney General Austin Knudsen for taking corruption in government seriously,” Regier said in his statement.

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Tom Lutey has covered politics and investigations for Montana Free Press since 2024. He is also the author of Capitolized, MTFP's political newsletter. Originally from southwest Montana, Tom has written about the West for 30 years, mostly from Montana and Washington. He has covered legislatures, Congress, courts, energy, agriculture and the occasional militia group. He is a collector of documents and a devotee of the long game. He's happy to help with records requests. He can be reached at tlutey@montanafreepress.org.