Protect the right to know how government works

State government, our government, works best if its activities are transparent and open to everyone. Montana’s constitution is a national leader in protecting taxpayers’ right to know what their government is doing — whether it’s a local zoning board or the Governor’s Office. Unfortunately, the Montana Legislature is on the brink of hiding much of its work from public view.  

A transparent government benefits its citizens in several ways. First, all citizens should have the ability to know who’s influencing Montana’s elected officials and staff. After all, they work for us and their decisions cost money and impact our rights as citizens.  

Second, a lack of transparency opens the door to manipulating government actions without the public’s knowledge. Citizens should be able to hold public officials and staff accountable and know that government is acting in the best interests of Montana. 

Despite the clear public benefits of transparency, the Legislative Services Division of the Montana Legislature erroneously decided that a recent court ruling means that each legislator can decide on their own whether to hide background files on their proposed bills, such as who they talked to and what information they received, from public view. 

This decision goes against the Montana Constitution’s explicit guarantee of an open and transparent government. These legislative background files — called “junque files” in legislative speak — are a crucial part of the legislative process and have been open and available for public review for more than 30 years. 

With the 2025 legislative session starting next month, legislators already have drafted hundreds of bills for the upcoming session. The legislative background files shine light on who and what is influencing our elected officials when making decisions that will impact all Montanans. Without full disclosure this information will be hidden from the public. 

Keeping these legislative files secret is unacceptable and places the Legislature in violation of the Montana Constitution and the Legislature’s own mission. Everyone should be able to see the work that legislators are doing. Government belongs to all of us and all of us should have the ability to know how our government works.  

Not surprisingly, several Montanans have stepped forward to sue the Legislature to restore public access, but this lawsuit is entirely preventable and there’s a better solution. Quickly restoring full transparency of legislative files benefits all Montanans, and the Legislature should immediately act to restore fully transparency. 

Montanans should contact their House and Senate legislators, urging them to restore an open government. All legislative background files, from every legislator, should be available to the public. A return to what has worked for 30 years is not only what is required under the Constitution, it’s what the people of Montana expect and deserve from us. 

Montana’s government should put Montanans first, restore transparency, and work to prevent any appearance of outside manipulation. Taxpayers deserve a government that works for them and prioritizes their best interests. 

Sen. Andrea Olsen, D-Missoula, serves on the Senate Judiciary Committee.