Montana Supreme Court Overturns Tie, Gives State House Race to Democrats [View All]

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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.


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