Windham and Jore tied after three recounts

POLSON - The House District 12 recount drama continued until 4:30 p.m. Tuesday, ending in a tie vote between Constitutionalist Rick Jore and Democrat Jeanne Windham. Each received a total of 1,559 votes and Jack Cross got 1,107.

Commissioner Dave Stipe said that the results are now forwarded to the Secretary of State's office in Helena where the next action takes place.

In case of a tie, state law provides for the governor to appoint the winner. In this case, the Republicans will probably say that means the present governor makes the appointment; the Democrats are expected to argue that the new governor should make the appointment after he takes office in January.

In either case, a court action is likely.

The recount drama began after the official county canvass Nov. 9. Because it was a state legislative race, the county canvass results had to be certified by the state later in November. The state certified the county canvass that had Jore leading by two votes.

Windham requested and was granted a recount.

At the end of Monday's count, Jore had 1,560 votes to Windham's 1,559 and Cross' 1,108. Windham pointed out that there was a one-vote discrepancy between the hand counted total and the machine total.

To assure accuracy, another recount of Precinct 11 was done Tuesday morning and Windham led by one vote, 1,559 to 1,558 and Cross' total dropped to 1,107. But the recount board found 1,020 ballots were counted. There should have been 1,021 ballots cast in Precinct 11.

Starting at 1:30 p.m. another Precinct 11 recount started and all ballots were accounted for, which ended in the tie.

In the first recount five ballots were marked for both Republican Jack Cross and Constitutionalist Jore. However, the recount board deemed lines or an "x" through the oval by Cross' name negated a vote for Cross and counted it for Jore. Those questionable ballots were included in the single vote margin.

Commissioner Stipe said that the commissioners are confident that their decisions on the five ballots would be upheld in any court action.

More than just the House District 12 is at stake statewide. If Windham wins the Democrats and Republicans would be tied at 50 representatives each, but the position of speaker of the house would go to the Democrats because a Democratic governor was elected. If Jore wins, the Republicans would hold a 50-49 margin.