Jore lost his race for HD12 last November in an election decided by the Montana Supreme Court. The litigation was initiated by his opponent, Democrat Jeanne Windham, yet state law requires that losing candidates pay the legal fees of an opponent, even if the candidate took no part in the litigation.
At the end of her order awarding all fees that Helena lawyer Mike Meloy sought, Christopher urged the state of Montana to reimburse both candidates for their legal expenses in the litigation.
The Republican Party paid attorneys fees for Jore, who ran as a Constitution Party candidate.
Christopher said both candidates made personal sacrifices and took on financial risks to clarify Montana's election laws, which had been changed to conform with federal reforms in the wake of the disputed 2000 presidential election count in Florida.
"The issue at hand was one that had significance for the entire state in resolving the methods to be used in counting votes," Christopher said.
The election was unique in a number of respects. For one thing, it was a three-way race between a Republican, a Democrat and a Constitution Party candidate, and in the normally Republican Lake County, the Republican came in a distant third.
For another, neither Jore nor Windham lived in the district they intended to represent. This occurred because of the controversial redistricting of legislative districts that concluded earlier that year. Democrats largely controlled the redistricting.
In the HD12 election, Jore and Windham initially tied, but a hand count by county election officials gave Jore the win after they decided some twice-marked ballots belonged to Jore, rather than his Republican opponent, Jack Cross. Windham sued. A Montana Supreme Court ruling threw out the disputed ballots and gave the seat to Windham. It also changed the makeup of the state House to an equal number of Democrats and Republicans.
Jore said Thursday his experience may make people think twice about running for public office because of liability concerns.
"This is such a blatant injustice," he said. "I think it's going to give people pause at the very least."
Christopher seemed to agree.
"The candidates and their attorneys should not have to subsidize the rest of the state by bearing the entire burden" of the cost of litigation, she said in her order Friday.
"The court commends the candidates in their efforts, their courage and their sacrifice on behalf of those they represent," she added.
Reporter John Stromnes can be reached at 1-800-366-7186 or at jstromnes@missoulian.com
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