Montana Supreme Court Overturns Tie, Gives State House Race to Democrats

Tampa Bay Online / Associated Press ^ | December 28, 2004 | John MacDonald

[Stoat]

Montana Supreme Court Overturns Tie, Gives State House Race to Democrats

By John MacDonald Associated Press Writer
Published: Dec 28, 2004
 

HELENA, Mont. (AP) - The Montana Supreme Court on Tuesday overturned a decision that determined a disputed legislative race was tied, likely giving Democrats control of the state House of Representatives.

The 6-1 decision threw out a lower court ruling from earlier this month that seven contested ballots had properly been counted for Constitution Party candidate Rick Jore.

The high court declared "one or more" contested ballots in the tied race invalid. Throwing out even one of those ballots means the vote tally swings to Democrat Jeanne Windham, the Supreme Court said.

That, in turn, creates a 50-50 tie between Republicans and Democrats in the House and means the next House speaker likely will be from the party of Democratic Gov.-elect Brian Schweitzer. The party that controls the governor's office in Montana breaks ties in electing House speakers.

The legislative race was declared a tie after a recount earlier this month. That gave outgoing Republican Gov. Judy Martz authority to appoint the winner. She chose the conservative Jore, giving the Republicans a 50-49 lead over Democrats in the House, with Jore as a lone Constitution Party candidate.

The lower court ruling overturned by the Supreme Court had upheld the tie and left Jore's appointment in place.

Mike Meloy, the attorney who filed the lawsuit over the disputed ruling, hailed the court's decision.

"This is a great ruling, not only for Jeanne but for the system," he said. "The Supreme Court followed the precedent that has been set since almost the beginning of statehood."

Jore said he was surprised and disappointed and wanted further justification from the court.

"Obviously I disagree (with the ruling) and I'm disappointed but it's not the end of the world," he said.

In its order, the Supreme Court did not say why it concluded that one or more of the ballots counted for Jore was invalid, but said it would issue a "full written and published opinion" later.

Democrats hold a majority of seats in the Montana Senate as well.

[Arkie2]

Don't tell me. The Supreme Court is majority Democratic appointees. Any one from Montana that can confirm or deny that?

[The Teen Conservative]

Sheesh, Montana is going to the Democrats...it's been a trusted conservative stronghold, and I hope this is temporary.

[bpjam]

no controlling legal authority anyone?????

[mrbillxx]

remember that liberals in Montana aren't like liberals in California though.

[Theodore R.]

Sheesh, Montana is going to the Democrats...it's been a trusted conservative stronghold, and I hope this is temporary.

No, MT is historically Democrat. It has had, I think, only two Republican U.S. senators since statehood.

And WY went Democrat in 2002, with a clintoid elected as governor.

The GOP cannot take WY and MT for granted in state races.

[The Teen Conservative]

I said conservative, not Republican.

[Robert A Cook PE]

Bookmarked.

Thanks.

[SW6906]

Montana Ping. Anyone tell us what the deal is with this? Is Montana conservative any more?

[Robert A Cook PE]

Do you know the state supreme court by party?

Or by who appointed them? (Which is the same thing, actually, for democrats!)

[Theodore R.]

MT and WY won't go Democrat for president, but they will for governor. That's all I was saying.

[Libertina]

Oh my gosh, shades of Washington...

[CholeraJoe]

Supreme Court Justices in Montana run for office on a non-partisan basis. They are elected not appointed. Most of the incumbents come from the left. Despite losing the Governorship, and both houses to the Dems, the Montana Republican party remains strong. Bush won by a substantial margin, as did the at-large Republican Representative.

I attribute the Democratic victories to a backlash against the perceived weakness and corruption of the Martz administration.

[Robert A Cook PE]

Thanks!

[Ahban]

Rick Jore seems very manful about getting the screws from the courts. Too bad the GOP ran a week candidate and split the conservative vote in this race. Jore would have won hands down in a two-way race.

[fire_eye]

The Demonrats are crowing like roosters over the Governor's race. They think they've finally figured out how to fool gun owners.

Click here for the sickening details.

The Demonrats will stab Montana in the back.

[ThisLittleLightofMine]

A democrat in Montana???? Oh that's right I forgot all the liberal, pro abortion, pot smoking freaks are making a mass exodus from California and Oregon. These baby boomer's are invading Idaho and Montana in droves (now that they have annihilated California they desire to wreck our states!!)

[tom h]

It's permanent. Montana was "discovered" by rich California liberals a long time ago and they are now coming to dominate its politics. The ranchers and "real" residents of the state are none too pissed, not only from the political side but because the liberals are all "Greenies" and you know that that means -- gun control, environment over individual rights, etc.

The place to move to is Idaho, right next door and uninfected with the liberal disease.

[Blast_Master]

It will backfire eventually. Come next election this will become a major issue.. just like WA. "Look! It's the dems! They robbed us in Compton.. remember!?"