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Edited on Wed Nov-08-06 09:47 AM by originalpckelly
From CNN: Democratic Tester 190,486 49% Republican Burns (Incumbent) 188,900 48% Libertarian Jones 9,990 3%
Total votes in election: 397376 Total difference between Burns and Tester: 1586 Percent that difference is of total vote: 2/5 of 1%
Percent of difference to trigger recount under Montana law: 1/4 of 1%
2/5 = .4 1/4 = .25
Tester has a lead large enough to avoid a recount!
Here is the law from Montana on recounts:
"13-16-201. Conditions under which recount to be conducted. (1) A recount must be conducted if: (a) a candidate for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, or a precinct office is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted; (b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position, and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify by certified mail each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts. (c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass. (d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass. (e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass. (f) if a canvassing board petitions for a recount as provided in 13-15-403. (2) When a recount is required under subsection (1)(b), (1)(d), or (1)(e), the secretary of state shall immediately notify each election administrator by certified mail of the filing of the petition, and a recount must be conducted in all precincts in each affected county."
1.It now appears, should no other votes come in during the official canvas, that Jon Tester is the new Senator from the great state of Montana!!!!!
2. More votes may appear for Burns in absentee, but from the election, Jon Tester wins.
3. Tester anticipates declaring victory soon, on MSNBC now, says just a couple of lose ends being tied up now.
Here is the method of the canvassing: "13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount. (1) The canvass shall be public. It shall proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, and declaring or certifying the results. (2) The board shall record all write-in votes shown in the returns from each precinct. (3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or because of failure of any other act making up the returns that is not essential to determine for whom the votes were cast. (4) If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420."
If they find any errors during the canvassing going on now, they may call a recount.
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