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.
Declaration Of Result Of Election After Rejection Of Illegal Votes
Mont. Code Ann. § 13-36-212, under Procedure.
Mont. Code Ann. § 13-36-212