Rick Jore - 2004 Election

2004 Election

Initial returns showed Jore winning the election in Montana House District 12, in 2004, defeating his Democratic opponent by a margin of only 1 vote in a three-way race. In a legislature divided between 50 Republicans, 49 Democrats, and with a Democratic governor, Jore's alignment was expected to determine the partisan alignment of the state house.

However, given the closeness of the race, an automatic recount by the county election board was initiated, which resulted in the board unanimously calling a tie between Jore and Democrat Jeanne Windham. Windham then filed suit, arguing that seven ballots should not have been counted for Jore, but the district court agreed with the county election board on the tie, invoking Montana election law, which states, "If a majority of the counting board members agree that under the rules the voter's intent can be clearly determined, the vote is valid and must be counted according to the voter's intent."

Next, Jore's opponents appealed the case to the State Supreme Court, and with the legislative session soon to begin, on December 28, 2004, the Montana Supreme Court declared "one or more" Jore votes invalid, handing Windham the election and effectively giving control of the Montana House to the Democrats. Over two months later, though the legislative session was well under way with Windham casting votes on bills, opposition to the court's decision was mounting, and on March 18, 2005, the court finally issued a decision including official grounds.

Jore had already paid his own legal fees with help from people in his own local community, people from across the country, and the Montana Republican Party, the Montana supreme court went further by ordering him to pay his opponents' legal fees. To this day, Jore has publicly refused to abide by this last court order, but it has never been rescinded. In autumn 2005, his bank accounts were attached, but the sum obtained was small compared to the total amount sought.