Brian Beutler
Raw Story
Wednesday, November 8, 2006

Major media organizations, including AP and CNN declared Democratic candidate Jim Tester the victor in the Montana Senate race against Republican Conrad Burns.

Though Burns has not yet conceded, he'll be unable to request a recount, RAW STORY has learned.

In 2005, Montana state code 13-16-211--the section concerning recounts in close or contested elections--states:

"(1) If a candidate for a public office is defeated by a margin exceeding 1/4 of 1% but not exceeding 1/2 of 1% of the total votes cast for all candidates for the same position, he may, within 5 days after the official canvass, file with the officer with whom his declaration or petition for nomination was filed a petition stating that he believes a recount will change the result of the election."
However, with all precincts apparently accounted for, and votes totalling 400,000, Burn trails Tester by 3000 votes. That margin, while slim, is greater than one-half of one-percent, and therefore not eligible for a state-sanctioned recount.

The Burns-Tester race was one of the most hotly contested of the 2006 election season. Before yesterday's vote, many analysts had concluded that it would be a barometer for the national race to control the Senate.

If Jim Webb defeats George Allen in Virginia, it will give Democrats a 51-49 majority, and control of that body.