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Montana Supreme Court overturns tie, gives state House to Demos

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HELENA, Mont. - The Montana Supreme Court on Tuesday declared "one or more" contested ballots in a disputed House race in Lake County invalid, overturning a decision that the race was tied and likely giving Montana Democrats control of the state House of Representatives.

The 6-1 decision overturned District Judge Kim Christopher's ruling earlier this month that seven contested ballots had properly been counted for Constitution Party candidate Rick Jore. Throwing out even one of those ballots means the vote tally swings to Democrat Jeanne Windham, the 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.

Mike Meloy, the Helena 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."

Meloy represents Anita Big Spring, a Ronan voter who challenged the votes counted for Jore.

The race between Jore of Ronan and Windham of Polson was declared a tie after a recount earlier this month. That gave 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.

Christopher's ruling upheld the tie and left Jore's appointment in place.

In its order Tuesday, 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.

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