If there is a tie vote for justice of the supreme court, judge of a district court, or member of the legislature, the secretary of state shall send a certified statement to the governor showing the votes cast for each individual and the governor shall appoint one of those candidates to the office.
Tie Vote In Election For Supreme Court Justice, District Court Judge, Or State Legislator
Mont. Code Ann. § 13-16-503, under Tie Votes.
Mont. Code Ann. § 13-16-503