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.

On December 17, a lower Montana state court ruled that Rick Jore is the new Montana State Representative from the 12th district. Rick Jore is the Constitution Party nominee, and he becomes the first state legislator in the nation to be elected under the Constitution Party label.

The court ruled that the election results, as tabulated in the recount, are correct. The recount showed that Jore and his Democratic opponent tied. Under Montana law, a tie vote for state legislature gives the Governor the right to appoint, and Montana’s outgoing Republican Governor had appointed Jore to the seat a few days earlier, since the recount had shown a tie. Jore’s Democratic opponent filed a lawsuit to overturn the results of the recount, but her lawsuit did not succeed.