The Montana legislature adjourned for the year without passing any bill to reform who pays, when a recount is held. In 2004, the official election returns showed that Constitution Party nominee Rick Jore had tied with the Democratic nominee for a seat in the State House of Representatives. Under Montana law, a tie meant that the Governor could appoint someone, and he appointed Jore. But Jore’s Democratic opponent asked for a recount. That meant a court got involved. The lower court upheld the tie vote, but the State Supreme Court reversed and said Jore had lost the election. Under the law, Jore then had to pay for his opponent’s lawyers. He was billed $18,000, even though he had never sued anyone. SB 117, to place the burden of a recount on the government, did not pass this year. Now part of Jore’s legislative salary has been garnished, although most of the bill remains unpaid. Jore has refused contributions from his friends and supporters to help pay the bill, and he won’t cooperate in paying off the remainder, because he feels the bill is unjust.
It is amazing that the Supreme Court could know that Mr. Jore had lost the election without a recount of the votes. Also, since the Governor acted within his powers to appoint Mr. Jore, and the lower Court upheld the tie vote, it does indeed make one wonder what the Supreme Court’s real motive is.