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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

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US Senate Races Apparently Determined

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November 9, 2006

In the past 36 hours, the unresolved Senate races in Virginia and Montana have given rise to discussion both here and elsewhere of the possibility that the US Senate might end up facing the unprecedented scenario of having to entertain an election contest (or potentially even two such contests) whose outcome would determine control of the Senate. However, that scenario is quickly becoming unlikely. Earlier today, Senator Burns reportedly conceded his race for reelection as Senator from Montana, and reports are that later this afternoon Senator Allen plans to concede his bid for reelection as Senator from Virginia. At that point, barring some dramatic discovery in the process of the official certification of these elections, the Senate can breathe a sigh of relief about not having to face the difficult task of adjudicating such a difficult election contest.