Jerry Lynch
Active candidates for State Supreme Court (Chief Justice)
Nonpartisans
Jerry Lynch, 73 as of Election Day, is a former federal magistrate judge vying to replace the retiring Chief Justice Mike McGrath on the Montana Supreme Court.
A Butte native from a politically involved family, Lynch says he’s running for the high court to maintain the court’s non-partisanship and independence. But he’s also been open about what he considers the political stakes of the election as Montana’s judicial branch and Republican officials increasingly find themselves at odds on their interpretation of the constitution as it pertains to issues like abortion.
“Montanans of all political stripes face assaults on their constitutional rights and attempts by partisan extremists and out-of-state corporate interests to wrest control of government from the hands of the people,” Lynch told MTFP. “The Montana Constitution is a living document that derives its power from the consent of the governed. If we ignore it, or demean it, or allow it to be chipped away by whatever political party is currently in the majority, we will have only ourselves to blame when our government ceases to function.”
Lynch also told MTFP his legal philsophy is simply to issue rulings based on the facts of the case and existing law and precedent.
“In my opinion, a good justice is someone who can write an opinion that may upset his friends and earn the respect of his opponents because that is what the facts and the law require,” he said.
This biography is based on materials provided to MTFP by Lynch 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.
My legal philosophy is to issue rulings based on the facts of a case and the existing law, to insist that the third branch of government remain co-equal, nonpartisan, and independent, and to ensure every law that is passed or enforced in Montana has its footing in our constitution. In my opinion, a good justice is someone who can write an opinion that may upset his friends and earn the respect of his opponents because that is what the facts and the law require. A bad justice is someone who will contort the law or ignore the facts to suit his own political views, or who will serve only as a rubber stamp for the two political branches of government.
The stakes could not be higher in this election. Montanans of all political stripes face assaults on their constitutional rights and attempts by partisan extremists and out-of-state corporate interests to wrest control of government from the hands of the people. The Montana Constitution is a living document that derives its power from the consent of the governed. If we ignore it, or demean it, or allow it to be chipped away by whatever political party is currently in the majority, we will have only ourselves to blame when our government ceases to function. Instead, we must elect leaders of the judicial branch whose goal is not partisan political gain but the preservation of our constitutional rights, and a government of the people, by the people, for the people.
It is essential that the judicial branch of government be independent and nonpartisan, and that it be perceived as such. One is a function of the other. So long as the courts are perceived to be independent and nonpartisan, their rulings will be perceived as legitimate, and their orders will be respected. But if courts begin to issue rulings based not on the law and the facts but along political lines, the public’s trust in them will fade and their future rulings will not be perceived as legitimate. I believe the very act of issuing nonpartisan, impartial decisions will ensure that the courts continue to function as the founders intended. And function they must, because the courts are our society’s last line of defense against authoritarianism, oligarchy, and many other political ills.
MTFP COVERAGE OF Lynch
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 picked party nominees for the November general election in the June 4 primary. The November General Election that will decide the ultimate winner in each race 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 November 2024 General Election Oct. 11.
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 or other accepted form of identification 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, but 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 by Eric Dietrich, web development by Eric Dietrich and Jacob Olness, 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.