Montana state Rep. Bob Wagner is proposing legislation that would require candidates for president to document their constitutional eligibility in his state, but his plan would take the controversy one step beyond other state proposals.

His outline would set in state law protections for the taxpayers of Montana to prevent them from being billed for “unnecessary expense and litigation” involving the failure of “federal election officials” to do their duty.

“There should be no question after the fact as to the qualifications [of a president],” he told WND. “The state of Montana needs to have [legal] grounds to sue for damages for the cost of litigation.”

Montana is not the first state to consider acting on the issue of the eligibility of presidential candidates, in light of the fact that Barack Obama’s qualifications under the Constitution’s eligibility requirements have yet to be documented.

Several states, including Montana, considered such plans last year, but they largely were defeated by the exercise of political influence, not by votes.

This year WND already has reported that efforts are under way in Pennsylvania, Georgia and Texas for similar plans, with Arizona is likely to be in on the campaign. 

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