Posted: November 20, 2008
EL@M Director, Edward B. Foley, publishes op-ed on Minnesota recounts
Professor Edward B. Foley, Director of Election Law @ Moritz, has published this editorial in The Star Tribune on recounts in Minnesota. He describes the gubernatorial recount of 1962 and the cooperation between the candidates that led to a fair recount process that was accepted by the public. He holds this up as an example to be followed in today's recount of the race between Al Franken and Norm Coleman for Senate. Should the result of the current recount process not be perceived as fair and neutral by the campaigns and the public, Professor Foley recommends a similar process to that used in 1962 where a three-judge panel, two of whom would be chosen by the two campaigns and the last of whom would be chosen by the first two judges, would determine the outcome of the race. A hypothetical exercise recently undertaken by EL@M, the Election Court, was based on this model of neutrality.