The matter went to the state courts, and in December 2004, the Montana Supreme Court issued its initial ruling, finding in a 6-1 decision that "one or more" of seven contested ballots for Jore were invalid. The decision meant that Windham was elected to office, which in turn created a tie in the state House, which was evenly split (50-50) between Republicans and Democrats in the House. Because the incoming governor, Brian Schweitzer, was a Democrat, this meant that the new state House speaker would be a Democrat. The Court's written opinion was issued March 18, 2005.