1972 Montana Constitutional Convention

The 1972 Montana Constitutional Convention, colloquially known as the Con-Con, took place in Helena, Montana, at the state capitol from January 17 until March 11, 1972. 100 delegates, including 58 Democrats, 36 Republicans, and 6 Independents, represented the state of Montana with the goal of creating a new state constitution. The constitution proposed by the convention was signed by all 100 delegates on March 24, 1972, before being sent to the voters for ratification. In June 1972, Montanas agreed to ratify the new document by a margin of 2,532 votes (50.55% of the vote).

In 1967, Montana's legislature called on the legislative council to determine if the 1889 constitution, which had been in effect since the time of statehood, was adequately serving the needs of the people. 2 years later, in 1969, the council recommended the creation of a constitutional revision commission. The legislature agreed to create one the same year.^[1][2][3] The newly-formed constitutional revision commission decided that a constitutional convention would be the best way to fix the issues of the 1889 constitution;^[1] In a referendum, on November 3, 1970, Montana voters agreed to allowing the state legislature to call a convention with 64.76% of the vote.^[4] In 1971, Montana's legislature passed the needed legislation to call for a convention.^[5]

For the September 14, 1971, primary election for becoming a delegate at the convention, 515 citizens filed.^[6] Montana elected officials were prohibited from running, as the Montana Supreme Court had ruled in 1971 that becoming a delegate while already holding office would be the equivalent of holding two separate offices at the same time.^[7] Of the individuals who filed, 247 were Democrats, 232 were Republicans, 32 were Independents, and 4 were from the New Reform Party.^[6] On the September 1971 primary election, 148 Democrats and 132 Republicans were eliminated, leaving 99 Democrats, 100 Republicans, and the Independent and New Reform candidates on the ballot for the general election.^[6]

On November 2, 1971, the general election was held, with 58 Democrats, 36 Republicans, and 6 Independents being elected for the 100 delegate positions. Of the 100, 19 were women, which was described as "a remarkable leap forward" by the news magazine Missoula Current, because at the time, in 1971, only 2 of the state's 156 legislators were women.^[6] Of those elected, 24 were lawyers, 20 were farmers and ranchers, 17 were business owners, 13 were housewives, five were clergymen, four were media employees, one was a beekeeper, and one was a retired FBI agent.^[7]

Delegates first met on January 17, 1972, in Helena, Montana, at the state capitol, which is where the constitutional convention took place.^[8] At the convention, which was referred to as the "Con-Con,"^[9] delegates sat in alphabetical order.^[7] This was different than as is done in Montana's legislature, where politicians sit with members of the same political party on different sides of the aisle.^[7] Also, in another move of bipartisanship, the Democratic majority agreed to grant the Republican minority some power, with Democrat Leo Graybill being elected president, and Republican John Toole being picked as the vice president.^[7] Both the right to privacy and right to a clean and healthful environment provisions of Montana's constitution that were adopted by this convention were written and advocated for by Bob Campbell.^[10]

The convention lasted for 54 days, with the last day being March 11. On March 24, delegates signed the proposed document and adjourned.^[2] Other important individuals, such as Governor Forrest Anderson, attended the signing.^[3]

On June 6, 1972, a special election was held to allow for voters to decide whether the constitution would be ratified, along with 3 other questions. On the ballot, the first question asked if the 1972 constitution should ratified; the second asked if the state legislature should be unicameral or bicameral; the third asked if the people or the legislature should have the power to authorize gambling; and the fourth asked if the death penalty should be allowed.^[1] The three, separate questions were believed to be too controversial, and delegates feared if they were put in the proposed constitution, the ratification would fail. As such, they were separately voted on.^[11] If the proposed constitution had failed, the other questions would have failed regardless of if any or all of them had a majority-vote in favor.^[1]

On the question of ratifying the constitution as a whole, voters narrowly agreed, with 50.55% casting a vote in the affirmative.^[12] The highest level of support came from Deer Lodge County, with 70.97% in favor, and the lowest level came from Powder River County, with 18.11% in favor.^[12]

The following table details the results by county of the referendum:^[12]

On the question of whether the state legislature should be unicameral or bicameral, the latter option won, with 56.24% casting a vote for it.^[12] The highest level of support for the legislature being unicameral came from Missoula County, with 54.68%, and the highest level of support for the legislature being bicameral came from Treasure County, with 78.18%.^[12]

The following table details the results by county of the referendum:^[12]

On the question of whether the people or the state legislature should be allowed to authorize gambling, voters agreed, with 61.10% in favor.^[12] Gambling had been illegal under the 1889 constitution.^[11] The highest level of support came from Mineral County, with 73.46% in favor, and the lowest level came from McCone County, with 43.46% in favor.^[12]

The following table details the results by county of the referendum:^[12]

On the question of the death penalty, over 65% voted in favor of allowing it.^[12] The highest level of support came from Sweet Grass County, with 79.54% in favor, and the lowest level came from Sheridan County, with 54.10% in favor.^[12]

The following table details the results by county of the referendum:^[12]