1972 Montana Constitutional Convention

1972 meeting of Montana delegatesthumb|Logo of the convention|205x205px 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, Montanans agreed to ratify the new document by a margin of 2,532 votes (50.55% of the vote was in favor). Background 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. Two years later, in 1969, the council recommended the creation of a constitutional revision commission. The legislature agreed to create one the same year.The Montana Constitution Collection https://scholarworks.umt.edu/montanaconstitution/ February 15, 2026 ScholarWorks at University of MontanaShovers Brian Spring 2014 Forrest Anderon, The 1972 Constitution, and the Reshaping of Montana https://www.jstor.org/stable/24419880 February 16, 2026 JSTOR The newly-formed constitutional revision commission decided that a constitutional convention would be the best way to fix the issues of the 1889 constitution;1972 Proposed 1972 Constitution for the State of Montana Official Text with Explanation https://sosmt.gov/Portals/142/Elections/archives/1970s/1972_VIP.pdf February 13, 2026 Montana Secretary of State 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.Montana Constitutional Convention Question, R-67 (1970) https://ballotpedia.org/Montana_Constitutional_Convention_Question,_R-67_(1970) February 15, 2026 Ballotpedia In 1971, Montana's legislature passed the needed legislation to call for a convention.August 18, 1972 The State of Montana ex rel. William F. Cashmore, M.D., and Stanley C. Burger, Relator, -vs- Forrest H. Anderson, as Governor of the State of Montana, Respondent https://law.justia.com/cases/montana/supreme-court/1972/671fd670-940a-418c-8ee5-272e7beb8469.html February 16, 2026 Justia Election of delegates Primary election For the September 14, 1971, primary election for becoming a delegate at the convention, 515 citizens filed.March 15, 2022 50 Years: Montana's 1972 Constitution Remembered by Delegates https://missoulacurrent.com/50-years-montanas-1972-constitution-remembered-by-delegates/ February 14, 2026 Missoula Current 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.Johnson Chuck March 25, 2022 The Montana Constitution, up close and personal https://montanafreepress.org/2022/03/25/reporter-chuck-johnson-recalls-montana-constitutional-convention-of-1972/ February 14, 2026 Montana Free Press Of the individuals who filed, 247 were Democrats, 232 were Republicans, 32 were Independents, and 4 were from the New Reform Party. In 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. General election 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. 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. Convention left|thumb|304x304px|The Montana state capitol Delegates first met on January 17, 1972, in Helena, Montana, at the state capitol, which is where the constitutional convention took place.1972 Montana Constitutional Convention https://www.mtmemory.org/nodes/view/91422 February 16, 2026 Montana History Portal At the convention, which was referred to as the "Con-Con,"Cross Emily March 8, 2025 Montana’s 1972 Con-Con Delegates: Citizens, not Copper Kings Emily Cross https://missoulian.com/opinion/column/article_7a92535a-faae-11ef-862a-67ecf9460daa.html February 15, 2026 Missoulian delegates sat in alphabetical order. 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. 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. 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.Johnson Chuck April 6, 2022 Bob Campbell’s constitutional legacy https://montanafreepress.org/2022/04/06/montana-constitution-co-author-bob-campbell-remembered/ February 15, 2026 Montana Free Press The convention lasted for 54 days, with the last day being March 11. On March 24, delegates signed the proposed document and adjourned. Other important individuals, such as Governor Forrest Anderson, attended the signing. Ratification thumb|398x398px|A sample of the ballot that voters were given for the June 6, 1972 referendums. 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. 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.Kley Constance Van January 2, 2025 A Constitution Unique to Montana and Uniquely Montanan https://statecourtreport.org/our-work/analysis-opinion/constitution-unique-montana-and-uniquely-montanan February 15, 2026 State Court Report 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.June 6, 1972 Montana 1905 File:1972 Montana Referendum No. 68 results map by county.svg Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No #5D5D2D 80–90% #8B8B54 70–80% #BCBC83 60–70% #DEDEBD 50–60% 116,415 113,883 Ratification of 1972 Constitution 1972 Constitution On the question of ratifying the constitution as a whole, voters narrowly agreed, with 50.55% casting a vote in the affirmative.Report of the Official Canvass of the Vote Cast at the Primary Election Held in the State of Montana and the Vote Cast at the Separate Election for Ratification or Rejection of the Proposed Constitution, June 6, 1972 https://sosmt.gov/Portals/142/Elections/archives/1970s/1972_Primary_Statewide.pdf February 13, 2026 Montana Secretary of State 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. The following table details the results by county of the referendum: CountyYesNo#%#% Beaverhead99636.011,77063.99 Big Horn1,11942.711,50157.29 Blaine81736.951,39463.05 Broadwater30826.8184173.19 Carbon1,17239.171,82060.83 Carter14519.2860780.72 Cascade13,79262.958,11737.05 Chouteau1,06336.271,86863.73 Custer2,17856.661,66643.34 Daniels48342.2965957.71 Dawson1,82651.681,70748.32 Deer Lodge3,88070.971,58729.03 Fallon28423.7991076.21 Fergus1,63934.583,10165.42 Flathead6,95958.984,84041.02 Gallatin5,51447.895,99952.11 Garfield15620.9458979.06 Glacier1,07943.061,42756.94 Golden Valley18036.3631563.64 Granite41638.3466961.66 Hill2,69449.992,69550.01 Jefferson80644.7599555.25 Judith Basin46233.4891866.52 Lake1,84239.372,83760.63 Lewis and Clark7,92659.285,44440.72 Liberty40236.9168763.09 Lincoln2,46258.491,74741.51 Madison62629.441,50070.56 McCone41836.0774163.93 Meagher18523.8159276.19 Mineral61055.5648844.44 Missoula13,27166.446,70333.56 Musselshell72445.1787954.83 Park2,03347.882,21352.12 Petroleum6124.6018775.40 Phillips53026.791,44873.21 Pondera1,42255.661,13344.34 Powder River19518.1188281.89 Powell80833.861,57866.14 Prairie17422.4860077.52 Ravalli2,85153.672,46146.33 Richland1,29041.831,79458.17 Roosevelt1,06737.771,75862.23 Rosebud49729.921,16470.08 Sanders87838.901,37961.10 Sheridan83740.731,21859.27 Silver Bow7,73846.868,77453.14 Stillwater86243.191,13456.81 Sweet Grass41128.841,01471.16 Teton1,20144.121,52155.88 Toole96141.191,37258.81 Treasure13827.8235872.18 Valley1,73046.691,97553.31 Wheatland41037.7267762.28 Wibaux14627.2938972.71 Yellowstone13,74155.0011,24145.00Total116,41550.55113,88349.45 State legislature June 6, 1972 File:1972 Montana legislature structure referendum results map by county.svg 95,259 122,425 Montana 1905 Legislature structure referendum Unicameral Bicameral Unicameral #B6C8D9 50–60% Bicameral #8B8B54 70–80% #BCBC83 60–70% #DEDEBD 50–60% On the question of whether the state legislature should change to unicameral or remain bicameral (as it had been since statehood in 1889https://www.legmt.gov/statistics/party/), the bicameral option won, with 56.24% casting a vote for it. 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%. The following table details the results by county of the referendum: CountyYesNo#%#% Beaverhead82231.541,78468.46 Big Horn1,00940.591,47759.41 Blaine76336.771,31263.23 Broadwater41137.8567562.15 Carbon1,13441.061,62858.94 Carter16724.2752175.73 Cascade10,78951.2310,27048.77 Chouteau92533.251,85766.75 Custer1,44238.232,33061.77 Daniels30328.8074971.20 Dawson1,21536.062,15463.94 Deer Lodge2,62751.842,44148.16 Fallon34532.3972067.61 Fergus1,55834.742,92765.26 Flathead5,78651.035,55248.97 Gallatin4,83944.026,15455.98 Garfield19127.0951472.91 Glacier97241.401,37658.60 Golden Valley11925.5434774.46 Granite39238.9361561.07 Hill2,04339.753,09660.25 Jefferson74745.0591154.95 Judith Basin39130.5289069.48 Lake1,74240.462,56459.54 Lewis and Clark7,03954.145,96245.86 Liberty30028.5475171.46 Lincoln1,83746.202,13953.80 Madison60130.231,38769.77 McCone25823.4184476.59 Meagher24432.8050067.20 Mineral44442.1361057.87 Missoula10,25654.688,50145.32 Musselshell52434.7098665.30 Park1,64840.112,46159.89 Petroleum7130.2116469.79 Phillips61132.921,24567.08 Pondera85535.031,58664.97 Powder River24924.7875675.22 Powell75034.061,45265.94 Prairie17024.8251575.18 Ravalli2,08141.092,98358.91 Richland98335.111,81764.89 Roosevelt83731.801,79568.20 Rosebud51733.011,04966.99 Sanders82939.951,24660.05 Sheridan58732.181,23767.82 Silver Bow6,64044.148,40255.86 Stillwater72238.631,14761.37 Sweet Grass40930.5093269.50 Teton91635.731,64864.27 Toole74733.711,46966.29 Treasure10321.8236978.18 Valley1,18133.942,29966.06 Wheatland39038.5062361.50 Wibaux15130.8233969.18 Yellowstone11,57748.3912,34751.61Total95,25943.76122,42556.24 Gambling June 6, 1972 Montana 1905 Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No #DEDEBD 50–60% File:1972 Montana gambling referendum results map by county.svg 139,382 88,743 1972 Montana gambling referendum On the question of whether the people or the state legislature should be allowed to authorize gambling, voters agreed, with 61.10% in favor. Gambling had been illegal under the 1889 constitution. 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. The following table details the results by county of the referendum: CountyYesNo#%#% Beaverhead1,68461.711,04538.29 Big Horn1,46955.941,15744.06 Blaine1,19654.121,01445.88 Broadwater68560.1945339.81 Carbon1,58854.311,33645.69 Carter37249.2138450.79 Cascade14,48166.597,26733.41 Chouteau1,58754.651,31745.35 Custer2,65967.351,28932.65 Daniels58451.1855748.82 Dawson2,03157.111,52542.89 Deer Lodge3,83469.821,65730.18 Fallon60351.8056148.20 Fergus2,75858.731,93841.27 Flathead7,12460.674,61939.33 Gallatin5,92452.395,38347.61 Garfield34646.2640253.74 Glacier1,68067.5280832.48 Golden Valley30361.7118838.29 Granite75569.5933030.41 Hill3,05357.002,30343.00 Jefferson1,17666.7858533.22 Judith Basin79058.5256041.48 Lake2,64057.471,95442.53 Lewis and Clark8,02960.405,26439.60 Liberty60655.5548544.45 Lincoln2,43657.531,79842.47 Madison1,29061.6080438.40 McCone50543.4665756.54 Meagher49863.7628336.24 Mineral81173.4629326.54 Missoula13,12767.416,34732.59 Musselshell1,00062.8159237.19 Park2,68463.211,56236.79 Petroleum12953.7511146.25 Phillips96948.231,04051.77 Pondera1,47057.221,09942.78 Powder River57953.6150146.39 Powell1,38759.4894540.52 Prairie40953.6735346.33 Ravalli3,28762.451,97637.55 Richland1,65955.151,34944.85 Roosevelt1,48253.441,29146.56 Rosebud1,01961.2764438.73 Sanders1,35660.0890139.92 Sheridan90345.311,09054.69 Silver Bow11,87972.804,43927.20 Stillwater1,14458.0482741.96 Sweet Grass70050.1469649.86 Teton1,42153.001,26047.00 Toole1,52564.8782635.13 Treasure27054.3322745.67 Valley1,94252.861,73247.14 Wheatland66361.9640738.04 Wibaux32458.7022841.30 Yellowstone14,55759.0810,08440.92Total139,38261.1088,74338.90 Death penalty June 6, 1972 Death penalty referendum Montana 1905 147,023 77,733 Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% File:1972 Montana death penalty referendum results map by county.svg On the question of the death penalty, over 65% voted in favor of allowing it. 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. The following table details the results by county of the referendum: CountyYesNo#%#% Beaverhead2,09477.8759522.13 Big Horn1,43155.851,13144.15 Blaine1,31560.8884539.12 Broadwater81472.5530827.45 Carbon1,88865.011,01634.99 Carter50469.1422530.86 Cascade14,45467.267,03732.74 Chouteau2,19776.7966423.21 Custer2,35361.201,49238.80 Daniels69461.8042938.20 Dawson1,99757.751,46142.25 Deer Lodge3,23260.232,13439.77 Fallon74665.5539234.45 Fergus3,36673.351,22326.65 Flathead7,57765.473,99634.53 Gallatin7,58167.063,72432.94 Garfield57678.3715921.63 Glacier1,54062.5392337.47 Golden Valley35672.9513227.05 Granite81175.9425724.06 Hill3,14059.502,13740.50 Jefferson1,21469.8552430.15 Judith Basin1,02277.1330322.87 Lake3,11368.361,44131.64 Lewis and Clark8,91967.854,22732.15 Liberty71567.0735132.93 Lincoln2,70965.071,45434.93 Madison1,56576.6847623.32 McCone79370.4333329.57 Meagher60077.5217422.48 Mineral70565.1637734.84 Missoula11,23858.378,01541.63 Musselshell1,12271.7444228.26 Park3,12974.751,05725.25 Petroleum18476.035823.97 Phillips1,37670.4657729.54 Pondera1,73369.2477030.76 Powder River70666.4835633.52 Powell1,72074.6958325.31 Prairie46163.7626236.24 Ravalli3,61769.541,58430.46 Richland1,74559.561,18540.44 Roosevelt1,62959.411,11340.59 Rosebud1,14970.6247829.38 Sanders1,55269.9766630.03 Sheridan1,04954.1089045.90 Silver Bow9,76661.076,22538.93 Stillwater1,42773.5251426.48 Sweet Grass1,10079.5428320.46 Teton2,00974.9367225.07 Toole1,67271.9465228.06 Treasure31063.9217536.08 Valley2,20560.931,41439.07 Wheatland74471.2030128.80 Wibaux32058.5022741.50 Yellowstone15,03961.809,29438.20Total147,02365.4177,73334.59 References Category:American constitutional conventions Category:State constitutions of the United States Category:1972 in Montana Category:1972 ballot measures in the United States Category:1972 elections in the United States