On February 9, the Montana Senate passed SB 117, to have the state pay court costs in recounts. The bill is retroactive, so if it passes, Rep. Rick Jore (the Constitution Party’s lone state legislator) will be relieved of having to pay $18,000 incurred in 2004 and 2005. The vote in the Senate was 45-4. The four “no” votes included three Democrats (including Senator Mike Cooney, a former Montana Secretary of State) and one Republican.
I’m glad to see Jore get this burden lifted from his shoulders, but now I’m curious – as this bill is retroactive, are there other folks out there that can expect a refund as a result of this bill?
Interestingly, Jore himself opposes this bill, because he doesn’t want the taxpayers to pay his opponent’s fees either. He has instead supported HB52, which would require an individual who files a complaint to pay his or her own legal fees.
Makes sense to me: If you feel it will benefit you to sue, then you must be willing to invest in the lawsuit. No such thing as a free lunch!