COEUR d'ALENE - Seat 2 challenger Jim Brannon can continue the election challenge against City Council incumbent Mike Kennedy, 1st District Judge Benjamin Simpson ruled Tuesday.

But it will cost him.

Simpson also dismissed the city of Coeur d'Alene from the lawsuit, leaving Brannon to pursue the suit against only Kennedy.

Should Brannon wish to, he would have to pay a $40,000 bond in the next week, the judge said during Tuesday's hearing; otherwise, the complaint against Kennedy will be dismissed, too.

"I think it represents a reasonable approximation of the costs," Simpson said of the amount, adding it would also ensure potentially future election challenges don't become commonplace in any closely contested race.

"It has a chilling effect on somebody that runs for public office if they have to face this kind of a challenge and potentially tens of thousands of dollars in defense costs to defend against one of these," he said.

Simpson also pared down Brannon's request for election documents to be turned over.

From the original request for 49 documents, Kootenai County would have to produce absentee voter documents, including return envelopes, return envelope date stamps, record of applications and poll books, should the challenge go forward.

That leaves out voter registration cards and any attempt to recount ballots.

Now, the county has 48 hours to figure out how much it would cost to produce the allowable documents, and Brannon would have to pay those costs, too, Simpson said.

The judge also ruled that the subpoenas for county clerk Dan English and retired election director Deedie Beard be quashed, but allowed the two to give disposition statements.

Brannon and his attorney, Starr Kelso, met in the corner of the courtroom after the ruling.

Neither returned calls Tuesday afternoon seeking comment.

During the hearing, Kelso argued the amount could prove too big of a burden for the public's right to know if an election was conducted legally.

"It's frankly unwarranted," Kelso said. "You're essentially taking a very fundamental constitutional right away from a person to challenge an election by imposing an egregious number as a bond."

Brannon filed a good faith $500 bond as part of the original complaint challenging his five vote loss to Kennedy Nov. 3.

Kelso argued that amount should stick since it was never contested, especially now that the election challenge can move forward against Kennedy.

But Simpson said the city wasn't responsible in the suit - the county was - and attached the new amount specifically pertaining to the new, pared-down complaint.

"We look forward eagerly to their posting a $40,000 bond," said Scott Reed, Kennedy's attorney, after the ruling.

Reed originally requested the bond be $25,000.

"He left us in the lawsuit and we're prepared to go to trial," he said.