Reply #18: (MT) High Court: Lake County officials violated rules in judging ballots [View All]

[Wilms]

High Court: Lake County officials violated rules in judging ballots

Associated Press

March 21, 2005

HELENA -- Lake County election officials did not follow the rules when they presumed the wishes of five voters who marked their ballots for two candidates in the same legislative race, the Montana Supreme Court said Monday.

A 31-page court ruling explains the justices' 6-1 decision in late December that resolved a tied contest in favor of Democrat Jeanne Windham and left the House evenly divided between the two major political parties.

Local election administrators were wrong to assume the double-marked ballots were votes for Constitution Party candidate Rick Jore of Ronan, rather than votes for Republican Jack Cross, the court said. The ballots were overvotes and should not have been counted, it said.

"In truth, determining voter intent from ballots as mismarked as the ones at issue here turns the process of interpretation into little more than a guessing game," Justice James Nelson wrote for the court.

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http://www.billingsgazette.com/index.php?id=1&tts=1&display=rednews/2005/03/21/build/state/30-supco-recount.inc