If, in any case of a contest on the ground of illegal votes, it appears that a person other than the one returned has the highest number of legal votes after the illegal votes have been eliminated, the court must declare such person nominated or elected, as the case may be.
En. Sec. 44, Init. Act, Nov. 1912; re-en. Sec. 10809, R.C.M. 1921; re-en. Sec. 10809, R.C.M. 1935; Sec. 94-1463, R.C.M. 1947; redes. 23-4762 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4762.On 3/24/2014, the Montana Supreme Court removed Montana Primary Election Revision Measure, LR-127, from the ballot for the general election to be held in November 2014. Primary Election Revision Measure, LR-127, was passed by the Montana legislature as Laws 2013, Ch. 269.