Senate President's bid to unite GOP caucus fails

Montana Republican Senate President Matt Regier on Thursday failed to claw his way back into control of the GOP majority after a tumultuous first week at the state Legislature.

Negotiations with a small group of his own party over committee assignments fell through despite obtaining their permission for a few more hours to hammer out a deal. Regier had felt pressure to put the matter to a vote by Thursday after the Senate had failed to launch into action in its first week. 

A little after 6 p.m. Thursday, "The Nine" Republican lawmakers who voted with Democrats on Monday to approve committee assignments the minority party had set up in a surprise procedural move did so again — throwing Regier's control of the chamber and leadership of his caucus into question, just days after gaveling in for a 90-day Legislature. 

"That's a great question," Regier said when asked what the vote meant for his Senate presidency. "I'm going to fight for our caucus. The Montanans elected Republicans and a very healthy majority here."

The vote sets up a potential 27-23 majority of Democrats and the group of Republican lawmakers Regier referred to several times as "the nine." That comes at the very start of a legislative session in which the GOP has big plans for contentious items like judicial reform, and a hearty debate about Medicaid expansion is looming.

"The nine have to look their peers in their eyes … and explain hey, this is why I did it," Regier said of those lawmakers' place in the caucus going forward.

After the vote, Sen. Bob Phalen, R-Glendive, was walking out of the chamber when he asked another Republican, "What's the point of coming in tomorrow, for God's sake?"

Democrats, who hold 18 of the Senate's 50 seats, capitalized early on angst among moderate Republicans with committee assignments that appeared to consolidate their faction into a committee that would, they suspected, spend a lot of time doing very little work.

Senate Minority Leader Pat Flowers, D-Belgrade, introduced a surprise amendment on the chamber floor on Monday to undo that committee — the Executive Branch Review Committee — and send its members to more sought-after committee assignments. Nine Republicans joined Democrats in voting for Flowers’ amendment, which prevailed on a 27-23 vote.

Republican leaders in the Senate have spent days trying to wrangle their members back into the fold, pausing essentially all of the chamber’s work in the process.

Those meetings shifted from behind closed doors out into the open on Thursday when all Senate Republicans gathered for a caucus meeting in the former Supreme Court chambers.

"We can have our differences, we do, I have always preached that," Regier told his caucus in a pitch for unity. "But I will not — Montanans did not send Democrats to run the show, they sent us."

Sen. Jason Ellsworth, the Republican who was voted out of his Senate presidency, spoke against Regier during the meeting, claiming to have done so for the voters over the party. 

"I'm going to put my head on my pillow tonight knowing I did the best thing for the state … not cater to a small faction of people," Ellsworth told the caucus. 

Sen. John Esp, the longest serving Republican lawmaker, was tearful in asking the party to reject Ellsworth's case, albeit made along the same lines: Voters sent a Republican majority to the Senate. 

"This is about our constituency," he said, voice shaking. "I’m going to go to sleep tonight, too, knowing I stood up for those people."

Some considered the Executive Branch Review Committee to be a direct slight at Gov. Greg Gianforte, who entered his second term in office this week. Republicans have relished their continued successes at the ballot box over recent cycles, and in November claimed control of every statewide elected office. Still, the governor's office has been at times at odds with the bicameral Republican majority at the Legislature, as illustrated in a series of veto overrides following the last session. 

Sen. Wendy McKamey, R-Great Falls, called the committee a "parking place," and said some members of the Republican caucus had not been treated well when committee assignments were handed out following Regier's election as Senate president. 

Earlier in the day, Senate Democrats gathered in their own caucus meeting in which Flowers urged his group to hold strong through the turbulence. Some lawmakers said their constituents had grown antsy about the lack of action on legislation. 

"I don't know what to tell them," Sen. Ellie Boldman, D-Missoula, said in the meeting. 

"It's been a hard week," Flowers told Democrats. "Thank you everyone, for your patience."

It appears Senate committees will get back into motion in the coming days, with several chairpersons indicating they would begin hearing bills early next week. 

As for the Senate, Regier said he will continue working for Republicans at large but acknowledged his party may, at some points this session, have a more "strained" climb than a typical legislative majority to achieve its goals in the months ahead. 

"I address their concerns and it still wasn't enough," he said. "If you guys and the Democrats want to control the floor, that's your prerogative."

Correction: This story has been updated to correct the spelling of Sen. John Esp's name.