Supreme Court gives HD 12 race to Windham

by Paul Fugleberg < br > Leader Staff
| January 5, 2005 12:00 AM

After a tie vote, weeks of suspense, three recounts, an earlier Supreme Court refusal to hear the case, a district court decision upholding the recount board's decision and, finally, the Supreme Court's overturning the district court's findings, Democrat Jeanne Windham of Polson is the House District 12 Representative.

The Montana Supreme Court on a 6-1 vote last week declared invalid at least one of seven contested ballots to give Windham the victory over Constitutionalist Rick Jore of Ronan. Justice Jim Rice was the sole dissenter. The ruling was made public after the Leader's presstime.

The suit had been brought by Anita Big Spring against Jore on behalf of Windham's candidacy.

In its order issued last Tuesday, the Court did not state why it reached its conclusion but that a "full written and published opinion" would be issued later. That is not an unusual move for Montana Supreme Court justices to make in a case where time is critical.

Jore expressed his disappointment and said that he felt the Lake County Election Office and Recount Board "followed to the letter" the rules and laws that governed them.

Windham expressed the opinion that "justice prevailed" and that she had been confident that the court would reject the ballots at issue.

The decision enabled the Democrats to control the House of Representatives. They already had a majority in the Senate. Had the Court not acted before the lawmakers convened on Jan. 3, the House of Representatives would have selected a House District 12 representative.

The extent of Democratic control of the House was somewhat diluted Monday when Republicans and three conservative Democrats joined forces to elect Gary Matthews (D-Miles City) over Dave Wanzenried (D-Missoula) for Speaker of the House.

Windham joined other legislators on opening day Monday morning and was administered the oath of office. On Tuesday afternoon, the House was still in the process of making committee assignments. A House spokesperson said that the process should be done by Wednesday.