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Montana Supreme Court elections, 2016

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2016 State
Judicial Elections
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Part 1: Overview
Part 2: Supreme Courts
Part 3: Partisanship
Part 4: Changes in 2016

Three seats on the Montana Supreme Court were up for election on November 8, 2016, with a primary election held on June 7. The seats were held by Justice Mike McGrath, Justice Patricia O'Brien Cotter, and Justice Jim Shea going into the 2016 elections. A supreme court justice serves an eight-year term.

Justice Cotter announced that she would retire at the end of her term, leaving her seat open in the 2016 elections. Three candidates filed to run for her seat. Kristen Juras and Dirk M. Sandefur were the top two finishers in the June 7 primary and advanced to the November general election. Sandefur defeated Juras in the general election.

Chief Justice McGrath and Justice Shea filed to run for re-election and were running unopposed in the 2016 elections.[1] According to Montana state law, incumbents running unopposed in judicial elections must stand for a retention election.

Kristen Juras and Dirk M. Sandefur ran for Justice Cotter's open seat. Governing described Juras as supported by Republicans and Sandefur as supported by Democrats. It stated that the retiring Justice Cotter was considered a liberal-leaning justice on a court with a balance of two conservative-leaning, two moderate, and three liberal-leaning justices. Therefore, if Juras won the seat, she would have shifted the political balance of the court, according to Governing.[2] However, Juras was defeated, and the two-two-three liberal-leaning majority Governing cited will be preserved.

Candidates

Chief Justice (McGrath's seat)

Mike McGrath Green check mark transparent.png (Incumbent/Unopposed)

Because Justice McGrath was an incumbent running unopposed, Montana law treated this election as a retention election on November 8, though the candidate appeared on the June 7 primary ballot as well.

Seat 3 (Cotter's seat)

Justice Patricia O'Brien Cotter announced her intention to retire in 2016.[3]
Kristen Juras
Dirk M. Sandefur Green check mark transparent.png

Defeated in primary

Eric Mills

Seat 6 (Shea's seat)

Jim Shea Green check mark transparent.png (Incumbent/Unopposed)

Because Justice McGrath was an incumbent running unopposed, Montana law treated this election as a retention election on November 8, though the candidate appeared on the June 7 primary ballot as well.

Election results

November 8 general election

Dirk M. Sandefur defeated Kristen Juras in the general election for the Montana Supreme Court, Seat 3.
Montana Supreme Court, Seat 3, 2016
Candidate Vote % Votes
Green check mark transparent.png Dirk M. Sandefur 56.13% 254,811
Kristen Juras 43.87% 199,148
Total Votes (686 of 686 precincts reporting: 100%) 453,959
Source: Montana Secretary of State
Mike McGrath was retained in the Montana Supreme Court, Chief Justice Seat election with 81.76% of the vote.
Montana Supreme Court, Chief Justice Seat, 2016
Name Yes votes
Green check mark transparent.pngMike McGrath81.76%
Source: Montana Secretary of State
Jim Shea was retained in the Montana Supreme Court, Seat 6 election with 81.40% of the vote.
Montana Supreme Court, Seat 6, 2016
Name Yes votes
Green check mark transparent.pngJim Shea81.40%
Source: Montana Secretary of State

June 7 primary

Montana Supreme Court Primary, Seat 3, 2016
Candidate Vote % Votes
Green check mark transparent.png Kristen Juras 44.10% 100,846
Green check mark transparent.png Dirk M. Sandefur 34.48% 78,855
Eric Mills 21.41% 48,965
Total Votes (686 of 686 precincts reporting: 100%) 228,666
Source: Montana Secretary of State Official Results
Montana Supreme Court Primary, Chief Justice Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Mike McGrath Incumbent (unopposed) 100.00% 237,577
Total Votes (686 of 686 precincts reporting: 100%) 237,577
Source: Montana Secretary of State Official Results
Montana Supreme Court Primary, Seat 6, 2016
Candidate Vote % Votes
Green check mark transparent.png Jim Shea Incumbent (unopposed) 100.00% 227,153
Total Votes (686 of 686 precincts reporting: 100%) 227,153
Source: Montana Secretary of State Official Results

Campaign finance

In his campaign finance report of May 23, Mike McGrath reported $59,395.58 for the primary, with expenditures of $101.75.[4]

In her campaign finance report of May 19, Kristen Juras reported $53,119 for the primary, with expenditures of $27,308.09.[4]

In his campaign finance report of May 23, Eric Mills reported $285.04 for the primary, with expenditures of $14.95.[4]

In his campaign finance report of May 23, Dirk Sandefur reported $83,994.47 for the primary, with expenditures of $11,737.71.[4]

In his campaign finance report of May 22, Jim Shea reported $37,087.50 for the primary, with no expenditures.[4]

Political composition

Justices on the Montana Supreme Court participate in nonpartisan elections. Justice James Rice was appointed by Republican Gov. Judy Martz to fill a vacancy on the court. Democratic governors appointed Justice Michael E. Wheat and Justice Jim Shea. The remaining four justices were elected to full terms.

Independent Chief Justice Mike McGrath
Independent Justice Patricia O'Brien Cotter
Independent Justice James Rice
Independent Justice Michael E. Wheat
Independent Justice Laurie McKinnon
Independent Justice Jim Shea
Independent Justice Beth Baker

Selection

See also: Judicial selection in Montana

Supreme court justices serve eight-year terms following a general election. In the case of a mid-term vacancy, the governor may appoint an interim justice. The Montana Judicial Nominating Commission must submit between three and five nominees to the governor, after which the governor has 30 days to appoint one to the vacant position. If the governor does not select a nominee in time, the chief justice must make the appointment. The appointment must be confirmed by the state senate; if the senate is not in session, the recess appointee serves until the next session. After having been appointed, the interim justice must run in the next general election to retain the seat for the remainder of the term. Thereafter, a justice serves for terms of eight years, subject to challenge by opponents. Any incumbent judge who is running unopposed in a general election will be subject to a retention election.[5][6][7]

Qualifications

A qualified candidate for the Montana Supreme Court must be a citizen of the United States, and the candidate must be a resident of the state for no less than two years. Candidates must also be admitted to practice law in the state for not less than five years and must reside in Montana during their term.[8]

Chief justice

As with other justices on the court, the chief justice runs in nonpartisan elections and serves eight-year terms. The chief justice presides over the District Court Council, which administers the state funding of the district courts.[9][10][11]

State profile

Demographic data for Montana
 MontanaU.S.
Total population:1,032,073316,515,021
Land area (sq mi):145,5463,531,905
Race and ethnicity**
White:89.2%73.6%
Black/African American:0.5%12.6%
Asian:0.7%5.1%
Native American:6.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.5%3%
Hispanic/Latino:3.3%17.1%
Education
High school graduation rate:92.8%86.7%
College graduation rate:29.5%29.8%
Income
Median household income:$47,169$53,889
Persons below poverty level:17%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Montana.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Montana

Montana voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Montana, accounting for 1.46 percent of the total pivot counties.[12]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Montana had two Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.10 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Montana coverage on Ballotpedia

Recent news

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See also

Montana Judicial Selection More Courts
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Courts in Montana
Montana Supreme Court
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Gubernatorial appointments
Judicial selection in Montana
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External links

Footnotes