Causes of action in the lawsuit would increase from one to nine, and items of information and allegations would grow from 35 to 91 in the amended filing.

In addition, Jane and John Doe defendants in the original lawsuit have been replaced with FVCC president Jane Karas and members of the board of trustees, including chairman John Engebretson, Clarence "Snuff" Frisbee, Robert Nystuen, Mark Holston, Alison Young, Thomas Harding and Jeanne Tallman.

Assistant County Attorney Jonathan Smith said he needs to consult with college officials before responding to the request to amend the complaint, which was originally filed Feb. 21.

District Court Judge Kim Christopher then decides whether to accept the expanded complaint.

If the new complaint proceeds, Smith has 20 days to respond to the substance of its arguments. However, he said he intends to expedite the process as much as possible.

The lawsuit, filed on behalf of three citizens, came on the last day of a 60-day period allowed for election disputes after the Dec. 23 mail-in ballot election. In the final tally, voters narrowly approved the $15.8 million in bonds to expand the Kalispell campus.

Even before the vote count, a dispute erupted surrounding a decision to extend the election deadline from Dec. 12 to Dec. 23 and to mail a second group of ballots to additional voters.

Four new items in the amended suit address the meeting at which Karas and unnamed other defendants decided to extend the election. That decision was triggered by an error made by the Flathead County Election Office in improperly eliminating 15,000 voters from the list given to the college.

The amended suit charges no record was kept of the meeting in which the controversial decision was made. It alleges Karas and others attending had no legal justification or authority to extend the deadline or send out more ballots.

College officials contend they consulted with legal counsel and the secretary of state's office before taking the action. They say it was motivated by a desire to save about $40,000 on another election and take advantage of historic low interest rates.

Accusations under the new causes for action include:

¥ Defendants' "frivolous defense" of their illegal conduct damaged taxpayers who will have to pay defense costs

¥ Voters who received ballots in the first mailing had longer to vote than the second group, which violates the equal protection clause of the 14th Amendment of the U.S. Constitution

¥ The extension decision diluted the votes of individuals who chose not to return ballots. This refers to election statutes requiring a 60 percent voter bond approval if less than 40 percent of registered voters participate in an election and nullifying the election if less than 30 percent return ballots.

¥ Citizens bringing the suit had the right to take part in the decision-making process at a public meeting held after proper notice was given.

Along with asking for attorney fees and court costs, the amended law suit asks for special and compensatory damages for violations of the citizens' statutory and constitutional rights.

Reporter Candace Chase may be reached at 758-4436 or by e-mail at cchase@dailyinterlake.com