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Date Posted: 20:27:09 09/30/05 Fri
Author: Chuck in ND
Subject: Want to poke the Dems in the eye?

Send a donation to help this guy pay his legal bills and take a poke at the Dems and the unjust judicial system:

http://www.missoulian.com/articles/2005/09/25/opinion/opinion1.prt

Missoulian editorial
Don't idly accept election injustice

We chatted with a prominent western Montana Republican the other day about the plight of Rick Jore, the former GOP lawmaker from Lake County who ran for the Legislature as the Constitution Party candidate last November, almost won the election but - once the Democrats and courts finished with him - wound up losing his bank account and possibly his property.

"He's getting what he deserved for bolting the (Republican) Party," the politician said, at least half-kidding.

There's no kidding around among Democrats with whom we've discussed the injustice visited upon Jore. They're as stern and determined as an old-school packer disciplining a recalcitrant mule. Democrats righteously point out that Jore's attorney refused the Democrats' suggestion at the outset of the dispute that neither side seek to recover legal fees from the other. Besides, he's a constitutional zealot who goes around quoting James Madison and opposing big government and nannyism.

Democrats pretty much agree with our friend the Republican comedian: Jore's getting what's coming to him. What's coming to him is the shaft. Most politicians understand and acknowledge that. It's just that they're glad about it.

As we've chronicled in this space (Missoulian editorials Sept. 9, June 19 and May 5) the Montana Supreme Court ordered Jore to pay the legal expenses Democrats incurred unseating him from the House District 12 seat. Lake County officials declared the Nov. 2 election a tie between Jore and Democrat Jeanne Windham. The governor broke the tie by awarding the seat to Jore. Democrats went to court to challenge several questionable ballots that county officials had credited to Jore - ballots marked for Jore but also marked next to the name of a third candidate, the Republican who finished a distant third. A state District Court judge declined to overrule election officials and decide the election outcome herself. The judge ordered the Democratic operative who'd sued Jore to pay his legal expenses. That's only fair because the Democrat was the one who sued and lost. Jore didn't sue anybody. On appeal, the Supreme Court decided county officials had erred in guessing the intent of the voters who cast the confusing ballots, saying the improperly marked ballots should have been discarded.

All of this is debatable but reasonable. What's outrageous is what happened next.

The court not only reversed the ruling, but it also reversed the awarding of legal fees. Turnabout isn't fair play in this instance because, again, Jore sued no one. Nevertheless, in addition to losing the election, Jore suddenly found himself saddled with over $15,000 in legal fees. That's in addition to some $28,000 in fees for his own attorney, paid by Constitution Party supporters and Republicans, who'd initially supported Jore in court because the outcome determined control of the House of Representatives. The GOP seemed to lose much of its interest about the time they lost hope of retaining control of the House.

Now, as we recently reported, the Lake County sheriff has seized all the money in Jore's checking account to pay the lawyer. On Monday, District Court Judge Kim Christopher declined to bar the sheriff from seizing or placing liens on Jore's property to settle the debt to the Democrats' lawyer.

In the background is this: Neither Democrats nor Republicans want to see Jore's name on a ballot again. Republicans regard him as a turncoat for switching to the Constitution Party - the worst kind of traitor: one who has the ability to win elections. Democrats suspect Windham's victory was a fluke - Jore and the Republican candidate combined greatly out-polled the Democrat. They'd much rather run their candidate against someone other than Jore next election. And they dislike his zealous pursuit of constitutional principles even more than the Republicans do. Aligned with the Constitution Party, Jore is on his own in a state where every other office-holder is a Democrat or Republican. Nobody with any clout is standing up for him.

You could, however. The people of Lake County could call, write and visit their clerk and recorder and county commissioners and insist they take responsibility for the ballot-counting errors that led to this whole fiasco. They could also ask Rep. Windham, who said earlier this year, "a candidate should not be punished for running for office," if there's any action associated with those words. Democrats, still giddy about reclaiming state government after nearly 20 years in the minority, can't hold one more fundraiser to pay the lawyer who helped make their victory complete? People all over Montana ought to be raising hell with legislators, the secretary of state and governor over this mockery of democracy. Surely there's someone in office who's bright and brave enough to solve this problem fairly. The courts insist they're merely applying the law as it's written regarding attorney fees. That's a compelling argument until you remember these same judges and justices never waiver from striking down laws they find wanting but feel compelled to uphold provisions in the law that so clearly violate a fundamental legal principle - that no man should be punished for the actions of another. Let's remember that in the next round of judicial elections.

Jore ran for office. He didn't contest ballots. He didn't sue anyone. He had absolutely no control over the process that stripped him of the seat he so briefly held. Jore's assets are on the line and he's pretty much powerless to protect them. He may stand alone among politicians, but he's hardly the only one with anything to lose. Ultimately, elections are for the people, not the politicians. A corruption of the process hurts us all. This perverse application of the "loser pays" principle turns us all into losers and we'll all pay in some fashion - if nothing else, by cashing in a little of our sense of decency, fairness and political idealism. It's also going to deter potential candidates - especially those who don't toe the establishment line - from running for office. But only if the people of Montana stand aside, like their Democratic and Republican leaders, and let injustice prevail.

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