Jerry O'Neil
Active candidates for State Supreme Court (Seat 3)
Nonpartisans
Jerry O’Neil, 81 as of Election Day, is a former Republican state lawmaker from Columbia Falls who says his first legal experience came representing himself pro se in a child custody case.
He began his career as an paralegal in the 1980s, when he says he became permitted to practice law before the Blackfeet tribal court.
He has never passed the Montana bar examination but he has passed the Blackfeet tribal court bar, according to court records. He has been engaged in several years-long fights about his ability to practice law in Montana.
“I am running for the justice position on the Montana Supreme Court in order to break the monopoly of the Montana State Bar Association, improve the public's access to our justice system, and expose the court when they legislate from the bench,” he told MTFP.
This biography is based on materials provided to MTFP by O’Neil 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.
If I think it is a bad law, but was validly passed and is constitutional, I plan to make a note of that fact, recommending that the Legislature change the law, but will follow the law in my opinions as it is written. I want to be known as a Supreme Court justice that will follow the laws and the Constitution, not one who legislates from the bench. I am open minded.
All three: my campaigning, my being elected, and my serving as Supreme Court justice will help break the monopoly that limits the public's access to our justice system.
The Montana Supreme Court needs to quit legislating from the bench advancing a political philosophy and judicial monopoly. Otherwise there will be a movement to amend the Montana Constitution to put some control over the court, such as making it subject to partisan elections or be subject to a legislative override.
MTFP COVERAGE OF O'Neil
CAMPAIGN FINANCE
Election outcomes
| Candidate | Votes | Percentage |
|---|---|---|
| KATHERINE BIDEGARAY | 126,041 | |
| DAN WILSON | 89,314 | |
| JERRY ONEIL | 43,483 |
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.