Supreme Court asked to handle HD12 (Lake Co.) election dispute

[John Q. Citizen]

Supreme Court asked to handle HD12 election dispute


By CHARLES S. JOHNSON of the Missoulian State Bureau


HELENA - The Montana Supreme Court must take control of a disputed legislative election in Lake County because local officials illegally speculated on voters' intentions on seven ballots, the Democratic candidate said in a court petition Monday.



Control of the Montana House of Representatives, which convenes Jan. 3, hangs on the outcome of the contested race for House District 12. As it stands after the decisions by the Lake County Board of Resolution (also known as the Recount Board), Democrat Jeanne Windham and Constitution Party candidate Rick Jore are tied for the seat.



Windham's lawyer petitioned the Montana Supreme Court on Monday asking it to take over the case, and throw out the seven votes Lake County officials awarded to Jore and declare Windham the winner.



If Lake County results hold, Republican Gov. Judy Martz would break the tie and pick the winner, with speculation that she would select Jore, a former Republican legislator. If so, the House in January would have 50 Republicans, 49 Democrats and one Constitution Party member so Republicans would control the House and its committees.



However, if the votes Windham contends have been illegally awarded to Jore are tossed out, she would win the seat. That would produce a 50-50 tie between the two major parties, but Democrats would get to organize the House because incoming Gov. Brian Schweitzer is a Democrat.

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