State won't appeal recount decision

The state of Montana will not appeal a Flathead District Court ruling allowing a statewide recount of votes in the narrow race for Superintendent of Public Instruction, a spokeswoman for the Montana Department of Justice said Monday.

Flathead District Judge Stewart Stadler ruled Friday in favor of Republican candidate Sandy Welch, allowing the recount to proceed. 

Lawyers representing Democratic incumbent Denise Juneau and Secretary of State Linda McCulloch argued that Welch had not presented adequate evidence to justify a statewide recount when voting problems were cited in only six counties.

Stadler disagreed, and at the end of the court proceeding, Montana Justice Department attorney Stewart Segrest told Stadler that a Supreme Court appeal would be filed by Monday this week.

“They’ve decided that they are not going to appeal,” said Judy Beck, a spokeswoman for the Justice Department.

Welch must purchase a bond for $115,000 to cover the costs of the recount by 5 p.m. today, Stadler ordered. 

He also said recount boards must get to work by this Friday under state laws that recognize the need for a prompt recount. 

Juneau prevailed in the Nov. 6 election, receiving 235,397 votes while Welch got 233,166 votes. The difference was 2,231 votes, or a .48 percent margin. State law provides candidates an opportunity to seek a recount if the margin is less than half a percent.