Montana Supreme Court Overturns Tie, Gives State House Race to Democrats

[TacticalPeek]

Montana Supreme Court Overturns Tie, Gives State House Race to Democrats

By John MacDonald Associated Press Writer
Published: Dec 28, 2004

HELENA, Mont. (AP) - The Montana Supreme Court on Tuesday overturned a decision that determined a disputed legislative race was tied, likely giving Democrats control of the state House of Representatives.

The 6-1 decision threw out a lower court ruling from earlier this month that seven contested ballots had properly been counted for Constitution Party candidate Rick Jore.

The high court declared "one or more" contested ballots in the tied race invalid. Throwing out even one of those ballots means the vote tally swings to Democrat Jeanne Windham, the Supreme Court said.

That, in turn, creates a 50-50 tie between Republicans and Democrats in the House and means the next House speaker likely will be from the party of Democratic Gov.-elect Brian Schweitzer. The party that controls the governor's office in Montana breaks ties in electing House speakers.


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http://ap.tbo.com/ap/breaking/MGBQJ7ZTA3E.html

[liberalnurse]

1. Hot diggity dogs!

That is one state that really should show BLUE!

[GetTheRightVote]

2. Thank God for their justice system, they should be true blue

:kick:

[Stephanie]

3. Montana is BLUE in its heart

Montana just got hoodwinked for a while

[Ediacara]

4. Wow, that's surprising

Last I heard, the lower court had pretty sound reasons. IE, people filled in the GOP bubble, then crossed it out and filled in the CP guy's bubble and then circled the CP guy's bubble. Although ya, that's a spoiled ballot, but does show voter intent IMHO. Also.... the district actually voted for conservatives by about 65%, so it does seem a little weird to have it be represented by a Dem..... we'll probably lose this seat in 2006, but gain some around Bozeman.

Good news though :-)

[cascadiance]

23. I wonder if this decision was related to Donna Frye's race in San Diego

Last I heard, the lower court had pretty sound reasons. IE, people filled in the GOP bubble, then crossed it out and filled in the CP guy's bubble and then circled the CP guy's bubble. Although ya, that's a spoiled ballot, but does show voter intent IMHO. Also.... the district actually voted for conservatives by about 65%, so it does seem a little weird to have it be represented by a Dem..... we'll probably lose this seat in 2006, but gain some around Bozeman.

Good news though :-)

Hmm... I wonder if this might have been a pragmatic decision to overturn this court decision. If they did support it, though it would keep the Republicans in control barely for now, it would also give legal ammunition for Donna Frye's lawyers in San Diego to overturn the San Diego mayoral election, since they could use the "voter intent" trumping in this race to provide case history for allowing her write in votes that didn't have the bubble checked but had her name written in to be counted for her too, which would basically overturn the election there and put her in office.

[mzmolly]

5. Good news!

:toast:

[goclark]

6. Yes yes yes! nt

[FreakinDJ]

7. Oh my God........a breath a fresh air finally

Getting worn out of the this FUX news Freeper shit around here

I guess they were worried about the backlash when the vote rigging finally gets uncovered

[Lostnote03]

8. "One or more".....I love the emphasis upon ONE...n/t

[MADem]

9. Yay!!!!!!! n/t

[flygal]

10. OMG - this is great!!

After 16 years!! Wow - after that horrible 2000 election that gave us Judy Martz I think Montanans woke up!

[FDRrocks]

11. It is disturbing how partisan judges are becoming nowadays

and I am talking about the lower court rulings.

[ObamaFan2500]

12. THis is greatest news!

I am always glad that the states have democrat governemnts if the nation has to be Republican. Was it Scalia That was the only one to vote against it? Two must have obstained this time

[Ediacara]

13. Uh....

It was the Montana Supreme Court, Scalia is not a member.

[ObamaFan2500]

14. I thought he was

Him, kennedy, ginsburg, kennedy, john paul jones, o'conner, rehnquist, souter, and an old man whose name escapes me.

[tkmorris]

15. No, we're talking about a STATE Supreme Court here

That is different than the US Supreme Court, of which Scalia is a member. Each State has it's own Supreme Court which is the highest legal body to rule on state laws.

[ObamaFan2500]

16. Oh... My mistake, thanks.

By the way, do you know the name of the older gentleman on the US supreme court? I thought that the older man, Mr. Souter had died, but he is younger and still alive. I also thought that Ginsburg died of cancer, but she is alive. Too bad this supreme court here in Montana couldn't have changed the Florida vote last election.

[Charlie Brown]

19. Are you thinking of John Paul STEVENS?

He's 84, I believe.

The only other current USSC Justices you did not list are Stephen Breyer, who is in his sixties, and Clarence Thomas, who is in his fifties.

[AgadorSparticus]

17. wow. good news, indeed!!! nt

[traco]

18. Jumping for joy,

Score one for the good guys! :bounce:

[Quakerfriend]

20. Hooray for Montana!

Every little victory is such sweetness!:beer:

[JD Lau]

21. Kick!

[Divine Ms Q]

22. I'm so proud...

...to be a Montanan! We've waited for sixteen long, agonizing years for this!!!!!!

Now, let's see if the Dems can get our education funding system fixed once and for all!!!!!!!

[tabasco]

24. From a Marylander, I'm proud of Montana too.

This will be good for your beautiful state.

[Richard Steele]

25. KICK!

This is great!

Read the story in NYT today; the lower court was SOOOOO full of shit!

Nice to see that the SUPREME court out there actually FOLLOWS THE LAW!