Flathead County commissioners unanimously rejected a petition to use public money to fund a lawsuit accusing the college administration and board of trustees of violating state election laws in the weeks prior to the Dec. 23 ballot count.

The only option left for election challengers - who also were denied an investigation by the state attorney general, secretary of state and the office of Gov. Judy Martz - is to hire their own lawyer with private money.

Commissioners buttressed their position by saying they did not want to set a precedent of suing quasi-independent political entities.

"It could set us up down the road to take up a lawsuit every time something like this happens," said Commissioner Bob Watne.

In December, the college's $15.8 million bond request was narrowly approved in a mail-in election. In the middle of the mailing period, the election deadline was changed and a second round of ballots went out after it was found the county election department had mistakenly purged 15,000 names from the list of eligible voters.

The commissioners heard testimony twice from concerned citizens who felt the second ballot mailing and the election deadline change from Dec. 12 to Dec. 23 were illegal.

On Monday, however, only five people were on hand to hear the commissioners' decision. Stokes, who owns radio station KGEZ, said he did not attend because he had a notion the request would be denied.

"It didn't surprise me a bit," he said. "They (the commissioners) are afraid. They don't know what their job duties are."

Stokes vowed that the college bond sale "is going to be held up."

Using money from donations and personal contributions, Stokes plans to hire an attorney and file a complaint by the end of this week. Any challenges must be filed within 60 days of the election.

"We're in the attorney selection process now," he said, indicating that he has expanded his search to legal firms outside the valley.

The college, however, plans to proceed with the bond sale.

"We're working with bond counsel so we can move forward after the 60-day waiting period," said FVCC President Jane Karas, who on Monday afternoon began a series of meetings with architects designing additions to the college. "We're looking at preliminary plans so we don't waste any time once that waiting period is over."

Those protesting the election also have accused FVCC administrators and board members of criminal misconduct and improper use of tax money. At least two people said that they saw college officials in the same room as open ballots

Stokes also claims the second ballot mailing was an illegal use of tax money, but Deputy County Attorney Jonathan Smith said criminal charges probably would be excessive.

Commissioner Gary Hall said he doesn't believe there is sufficient evidence to show the college "acted capriciously."

"There is no probable cause that board members consented to an illegal use of money," Hall said, pointing out that college trustees sought legal advice from several sources before acting to correct the ballot blunder.

"It was the county's mistake that created a need for the second mailing of ballots," he said. "The delay was actually a voter advantage, driven from not wanting to disenfranchise any voters."

Hall, who said he delved into state codes all weekend in anticipation of Monday's decision, reiterated the county's hesitation to sue.

"I spent all weekend working on this, and I discovered that the college is a political subdivision within the county, just like a city," he said. "Is it the county's business to get into a city's business? In this case, the answer is obvious."