Today, the Montana Supreme Court issued an order, reversing a lower state court. The lower court had upheld the officials who had recounted the race for district 12, Montana House of Representatives. The recount officials, and the lower court, had agreed that the race was tied. Since the race had been tied, the Governor had exercised her right to fill the vacancy, and she had appointed Jore.
But the Montana Supreme Court said that “at least one” of Rick Jore’s votes is not valid. The Court said it would explain its reasoning later. Rick Jore would have been the first person elected to a state legislature as a Constitution Party nominee.
Since Jore had been appointed to the seat by the Governor, on the basis that the popular vote had been tied, the fact that the Montana eliminated “at least one” of Jore’s votes, means that Jore was not eligible to be appointed to the seat.