Cory Swanson
Active candidates for State Supreme Court (Chief Justice)
Nonpartisans
Swanson, 47 as of Election Day, is the current Broadwater County attorney, a self-described “tough on crime” prosecutor who has never before held judicial office.
He says his array of experience as an attorney and prosecutor, as well as his time in the Army National Guard makes him not only qualified for the chief justiceship but also gives him a unique perspective.
Swanson, who has a history in Republican politics and working under GOP state officials, acknowledges that he’s a conservative, but says he’s devoted to the court’s independence and non-partisanship.
“I'm dedicated to preserving the independence of the judiciary, but also focusing on the needs of lawyers, courts, and especially clients to identify those areas where we need the system to function better,” Swanson told MTFP.
That said, he also shares the view that many Republicans espouse that the court has departed from strict constitutional interpretation.
“My mindset has been entirely deferential to judges and to the courts,” he said. “But my plan changed in the past year because the Supreme Court has been deciding too many cases in a way that departs from sound appellate judge practice. It undermines the reliability of the law, and I felt I could do better.”
This biography is based on materials provided to MTFP by Swanson as well as prior MTFP reporting.
ON THE ISSUES
Answers here were solicited from candidates via a written questionnaire conducted by MTFP in April 2024. Responses were limited to 1,000 characters and edited lightly for punctuation and spelling. Candidates were asked to focus on the positives their service would bring the state instead of making rhetorical attacks on their opponents. Responses have not been exhaustively fact-checked.
Justices must strive to uphold the rule of law by providing the very best legal interpretation possible to resolve the legal question in each case before us, and also to build a body of case law that others may rely upon. To do so, I would interpret every legal document as a textualist, according to the philosophy of judicial restraint. That means resolve the case before you, not the next five cases you can imagine. That means following precedent unless there is a compelling reason to depart from it, not modifying precedent as it suits you to reach preferred outcomes.
A good Supreme Court justice should work hard and learn every day. He or she should follow the law to the case's conclusion. He or she should respect the power of the office by not abusing it or disrespecting the litigants. Finally, a good justice should build a professional atmosphere of honest debate and collective learning, not anger or score-settling. A bad justice lets personality get in the way of duty.
There are two open seats on the Montana Supreme Court this year, which means the court will change significantly, no matter who wins. The chief justice race features two philosophical contrasts.
If I win, I will try to make the court less about the personality of each Justice, and more about cultivating the wisdom and experience of each member to produce our best legal interpretation. It is not the court's job to actively fight for or against any party or case. It is the court's job to render unbiased and accurate legal opinions that deliver justice to the people. Focus on the law, not the politics.
The chief justice also advocates for the budget and resources for the entire judicial branch. With my background and commitment to judicial process, I will effectively defend the judiciary in the budget and policy arenas, not perpetuate ill-conceived inter-branch feuds. People are counting on timely and accurate court outcomes, and I will fight for the resources to deliver them.
To modify a phrase from Chief Justice John Roberts, the quickest way to remove politics from case decisions is to stop deciding cases on the basis of politics.
The Supreme Court should focus on good old-fashioned appellate judging, no matter the case before it. But some cases are inherently political, so what to do? Just focus on good old-fashioned appellate judging. Follow the rules of interpretation like you would for any case. Let the law lead to the outcome, don't decide the outcome and then modify the law or overturn precedent to get there. That is fundamental to the problem and the solution.
If the judiciary simply does its job in this manner, then political cases will be just like every other case: the loser will be upset, but the reasoning will be clear and unassailable. The Supreme Court should uphold the rule of law by removing political concerns from its legal interpretations. Let the law be clear, and let the political chips fall where they may.
MTFP COVERAGE OF Swanson
CAMPAIGN FINANCE
Election outcomes
| Candidate | Votes | Percentage |
|---|---|---|
| CORY SWANSON | 120,041 | |
| JEREMIAH LYNCH | 97,732 | |
| DOUG MARSHALL | 42,021 |
COMMON VOTING QUESTIONS
When are Montana’s 2024 elections?
Voters will pick which candidates advance to the November general election in the June primary, which is scheduled for Tuesday, June 4. Voters will pick the candidates who will ultimately fill each office on the ballot in the November election, which is set for Tuesday, Nov. 5.
Who runs Montana’s elections?
Montana elections are administered at the county level. The process is overseen by county clerks and election administrators, who help to train and monitor the volunteer election judges that staff the polls. Ballots are typically processed and counted at central county locations, with the results reported to the Montana secretary of state’s office via a statewide software system called ElectMT.
Once polls close, the secretary of state’s office provides results through its website. The state-level office also provides guidance to local election administrators to ensure compliance with state election laws. Additionally, enforcing compliance with some laws governing political campaigns, particularly those involving campaign finance, falls to a separate office known as the Commissioner of Political Practices.
Do I need to be registered in order to vote?
Yes. If you’re unsure about your registration status, you can check it through the Montana secretary of state's My Voter Page. You can register to vote by stopping by your county election office any time during regular business hours to pick up an application. After you’ve filled it out, you’ll need to get it back to your county election office by mail or in person (the latter option is strongly recommended close to Election Day to ensure your application is received in time). If you do present your application in person, you’ll have to provide a photo ID or the last four digits of your Social Security number. If you happen to be applying for a Montana driver’s license or identification card before the election, you can register to vote at the same time.
Can I register to vote on Election Day?
Yes. The state Legislature has sought to enact an earlier registration deadline, but under a March 2024 ruling by the Montana Supreme Court, same-day voter registration remains legal in Montana. Residents can register to vote or update their voter registration at their county’s election office prior to 8 p.m. on Election Day.
Does Montana have voter ID requirements?
Yes, you will be required to present identification when voting at the polls. However, under the Montana Supreme Court’s March ruling, changes made to those requirements by the 2021 Legislature remain blocked. The current forms of identification voters can use at the polls are a current Montana driver’s license, state-issued photo ID, tribal or military photo ID, a U.S. passport or a student ID. If you don’t have a photo ID, you can use a utility bill, a bank statement, a voter confirmation card or any other government document that shows your name and address.
Are there situations where I wouldn't be eligible to vote?
According to state law, you can't vote if you'll be under age 18 on Election Day, are not a U.S. citizen, or have lived in Montana less than 30 days. Convicted felons who are currently incarcerated in a penal facility and people whom judges have ruled to be of unsound mind are also ineligible to vote. Otherwise, you're good to go.
Can I vote online?
No, that’s not an option in Montana.
Can I vote by mail?
Yes, you can sign up as an absentee voter by checking a box on your voter registration form. If you’re already registered to vote, you can fill out a separate form and submit it to your county election office.
If you’re registered as an absentee voter, a ballot should be mailed to you a few weeks in advance of each election day. You can make sure your address is current via the My Voter page. County election officials are slated to mail ballots to voters for the June 2024 primary election May 10.
You can return ballots by mail, or drop them off in person at your county’s election office. Either way, the election office must receive your ballot by 8 p.m. on Election Day in order to count it.
How do I vote in person?
If you plan to vote at the polls, just be sure you know where your polling location is and head there between 7 a.m. and 8 p.m. on Election Day. You'll need to provide a photo ID and sign the precinct register, at which point you’ll get your ballot and be directed to a voting booth. If you have any technical questions or run into any problems, the election judges at your polling place should be able to help you.
I have a friend or family member who isn't able to drop off his or her mail-in ballot. Can I do it for them?
Yes, you can. The Montana Legislature did make some changes to ballot collection laws in 2021 related to paid ballot collection, those changes have also been blocked by the Montana Supreme Court.
Who should I vote for?
That’s your call, not ours. We hope the information we present on this guide is helpful as you make that decision for yourself, though.
About this project
This guide was produced by the Montana Free Press newsroom with production and web development by Eric Dietrich, editing by Brad Tyer and Nick Ehli and contributions from Arren Kimbel-Sannit, Mara Silvers, Alex Sakariassen, Amanda Eggert and Stephanie Farmer. Questionnaire responses for legislatiive candidates were collected with help from the Montana League of Women Voters, through the league's Vote 411 program. Contact Eric Dietrich with questions, corrections or suggestions at edietrich@montanafreepress.org.
Montana Free Press is a nonpartisan 501(c)(3) nonprofit, reader-supported news organization serving Montana. MTFP's donor base includes supporters from across Montana's political spectrum, including some Montanans who are candidates in this year's election. MTFP's major donors are listed here and a current list of other supporters is available here. MTFP's news judgments are made entirely independently from donor involvement.
This material is available for republication by other media outlets under Montana Free Press' standard distribution terms.