Foster v. Evert

I respectfully dissent and concur in the dissenting opinion of Donnelly, J. I write separately to touch upon what I believe to be other pertinent matters.

The most obvious flaw in the principal opinion is the degree to which it confuses the interest of the candidate in the outcome of the election with what I perceive to be the public interest in elections — that they be fairly conducted and their outcome finalized at the earliest possible moment. The result of the principal opinion is that this April 7, 1987, election cannot possibly be finalized by the trial court earlier than one year and…