I am not sure what percent of the vote has been counted in Montana, but know it is greater than 99%. Right now, Tester is 1,798 votes ahead of Conrad Burns (no word if anyone woke Burns with the news). Out of 361,135 votes cast (lol), the difference is 0.4%.
Under Montana law, the results of the election must be certified within 20 days. The putative loser can only seek a recount if the gap is 0.5% or less. Burns is 8 votes under the maximum for a recount. If he wants one, he must request a recount within five days of certification. But, unlike the Virginia situation, because the difference is not 0.25% or less, Burns has to pay the expenses of the recount.
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