Montana State Senator John Cobb has introduced SB 117, to protect candidates who are told they won a close election, and who are then sued by the loser. Under existing law, when that happens, and the recount reverses the outcome, the original “winner” must pay all the court costs associated with the recount.
The bill, if passed, would be retroactive to cover the 2004 election, so would spare Rick Jore the need to repay $18,000. Jore is the Constitution Party’s only state legislator in the nation. He appeared to have won his 2004 election as a Constitution Party nominee, but after the 2004 election, the Montana Supreme Court had ruled that six of his votes were too unclear to count, and therefore he just barely lost the 2004 election. Sympathy for his plight probably helped him win over that same opponent in November 2006.
Senator Cobb says Jore did not ask him to introduce SB 117. The bill was Cobb’s idea.