(The House now stands at 50 Republican, 49 Democrats and one state house race undecided between a Constitutionalist and a Democrat. The piece below is cut and paste from a Montana Democratic party e- newsletter.)
Update on Jeanne Windham’s Race for House District 12
Message from Brad Martin, MDP Executive Director: (Montana Demo Party)
Montana Democrats have fought long and hard for victory in 2004, but we all have one more important battle to win in the weeks ahead.
If the Republican dominated election recount board in Lake County had done their legal duty this week, seven illegal ballots would have been thrown out, Democrat Jeanne Windham would have been declared the new Representative from House District 12, and Dave Wanzenried could have started work immediately on organizing the new Democratically led House.
Because the recount board did not do their duty, Republicans have stalled the election process and Jeanne Windham is required to go to court to get the seven illegal ballots thrown out.
Democrats have long held as a central value that our elections must be conducted in a fair and open manner, operated in the purist fashion possible, where rules are followed and the public is allowed a full opportunity to scrutinize the process and intervene when necessary.
Montanans have always shown deep respect for those who've fought for the cause of democracy.
In this battle, Jeanne Windham and Dave Wanzenried are fighting that fight for all of us and deserve our appreciation and support. One of the best ways to show your support is by learning about the recount and court process, and speak up in support of this effort – with friends, neighbors or in letters to the editor.
The central issue here is that Republican Leader Roy Brown cannot be allowed to use seven illegal ballots to take over Jeanne Windham's House seat and control of the Montana House.
The seven illegal ballots in question had votes for BOTH Jack Cross the Republican and Rick Jore the Constitutionalist. The rules of Montana law (ARM 44.3.2402 (b) or (c) or (g)) clearly require that these seven illegal double votes should be discarded and not counted for Rick Jore. These rules were written by Republican Secretary of State Bob Brown's office.
The seven illegal ballots were counted as votes for Rick Jore by an illegally organized Lake County elections "Resolution Board" that included a Republican and Independent, but did not include a Democrat -- which is required by law.
If the Republican dominated recount board had followed Montana law and thrown out the seven illegal ballots, Jeanne Windham would have won House District 12 by seven votes. Because the recount board did not do their duty, Jeanne Windham must go to court to seek justice and ensure that the law is followed.
Roy Brown's charge that Democrats are trying to stall the process is unfounded. Jeanne Windham started the recount process on the first day possible – she could have waited 5 additional days. Jeanne also chose to take the most expedited route to get this issue resolved by going to the Supreme Court first, instead of District Court. Helena attorney Mike Meloy, who is representing Jeanne, will file in the Supreme Court early next week, just six days after the recount board reported their results.
Roy Brown, on the other hand, is trying to rush the process so Judy Martz can appoint Rick Jore to the seat. Roy Brown undoubtedly knows Republicans will lose when the issue of the seven illegal ballots is taken to the Supreme Court (the law is very clear on discarding double count ballots). His only way to win is to avoid the court and rush Martz to appoint Jore before she leaves office.
Brown has also tried to argue that Jore should win because Jore's vote combined with Cross' vote "shows" voter desire to put a conservative in office. Not only does this show a troubling desire on the part of Republicans to partner up with the Constitution Party (which has repudiated the Republican Party for not being right-wing enough), it also makes no sense.
1559 Lake County voters chose Jeanne Windham, the Democrat, over the Constitution Party candidate. 1107 Lake County voters also chose Jack Cross, the Republican candidate over the Constitution Party candidate. Rick Jore is a well-known right-wing activist in Lake County and the voters who voted for Jack Cross were well aware they had a choice and made that choice for the Republican, Jack Cross. For Republican leader Roy Brown to now claim that those Republican voters wanted to really support Rick Jore, a Constitutionalist, is a blatantly opportunist move by Brown -- and an outrage.
Roy Brown so wants to hold onto power that he's sold out his own Republican candidate who ran against Jore and is trying to prevent the court from examining the seven illegal ballots, which when thrown out, will give Jeanne Windham the win in HD 12.
It's even more troubling that Roy Brown is working so hard to win the election for Jore. It's understandable that he wants to elect Jore because he wants to retain the House Speaker position, but at what price?
Roy Brown and the Republicans have no problem supporting a candidate like Rick Jore who’s voting record in the legislature got him voted out of office. Jore’s record on education, labor, and the environment was among the worst when he served in the 1999 session as a Republican. Then Jore repudiated the Republican Party as too liberal and formed the Constitution Party. This is who Roy Brown wants to cozy up with to keep his seat as Speaker.
In the end we’re confident that Jeanne Windham will win in court and Dave Wanzenried will continue his efforts to organize the House for the new session. Democrats will continue their efforts to create good jobs, affordable health care and energy, promote good schools and protect the environment and the rights of working people. In the meantime, please continue to support Jeanne and Dave, and speak up for their good efforts on our behalf.
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Here's a link to an article in the Helena independent Record
http://www.helenair.com/articles/2004/11/30/montana/a01113004_02.txt
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