Posted: March 19, 2009

The Original Bush v. Gore: An Historical Perspective on Disputed Elections

I am here posting a draft of a lecture I delivered last fall on the 1792 disputed gubernatorial election in New York.  This lecture will serve as the basis for the first of a series of chapters in a book (co-authored with my Moritz colleague Steve Huefner) that discusses significant disputed elections throughout U.S. history.  I am posting the draft now because I frequently refer in other work to this inaugural disputed election in our republic's history--and the lessons we can learn from this historical inquiry.  To the extent that the availability of this draft can assist the development of scholarship in the field, prior to the publication of the book, this posting of it will be beneficial.

Edward B. Foley is Director of the Election Law @ Moritz program. His primary area of current research concerns the resolution of disputed elections. Having published several law journal articles on this topic, he is currently writing a book on the history of disputed elections in the United States. He is also serving as Reporter for the American Law Institute's new Election Law project. Professor Foley's "Free & Fair" is a collection of his writings that he has penned for Election Law @ Moritz. View Complete Profile