The Daily Interlake

Victor Aquino filed the action in District Judge Kitty Curtis' court. He is representing himself in the case.

Whitefish-area voters approved a $10.2 million bond issue to renovate Central School. It passed with the approval of 60 percent of voters.

A separate $10.4 million proposal to expand and renovate Whitefish High School was rejected 52 percent to 48 percent.

Aquino asserts that the election was illegal on several levels and that voters' constitutional and civil rights were violated.

Under Montana law, if more than one political subdivision in a county conducts a mail ballot on the same day, the county election office must conduct the elections.

In this case, the mail ballot came from the elementary school district and the high school district. They are two separate districts, with different boundaries, governed by the same board of trustees.

Curtis will have to decide whether they qualify as separate "political subdivisions" under the law.

Ballots were mailed to voters in the same envelope. Except for Olney voters, who vote only on high-school items, the bond issues also appeared on the same piece of paper.

Aquino lives within the Olney elementary district, which raises the question of whether he has standing to challenge the result in the Whitefish elementary election.

He cites the state law on official misconduct related to elections, but doesn't specify who may have violated it.

Aquino also alleges that military personnel and other absentee voters were denied their civil and constitutional rights.

Ballots were sent to all registered voters. Because election officials don't know who is serving in the military, they mail ballots to the voters' homes to be forwarded by family members if necessary.

Aquino asks that the election results be thrown out and funds returned to taxpayers.

Whitefish schools superintendent Jerry House was unavailable for comment Monday.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com