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BIG SPRING v. JORE

No. 04-851.

109 P.3d 219 (2005)

2005 MT 64

326 Mont. 256

Anita BIG SPRING, Contestant and Appellant, v. Rick JORE, Contestee and Respondent.

Supreme Court of Montana.

Decided March 18, 2005.

Attorney(s) appearing for the Case

For Appellant: Peter M. Meloy & Jennifer Hendricks, Meloy Trieweiler, Helena, Montana.

For Respondent: Duncan Scott, Scott & Kalvig, Kalispell, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Anita Big Spring appeals a decision of the District Court for the Twentieth Judicial District, Lake County, finding that seven contested ballots in the race for House District 12 are valid. We reverse and remand for further proceedings consistent with this Opinion.

¶ 2 We address the following issue on appeal: Whether the District Court erred in counting seven overvoted ballots as votes...

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