Under Minnesota law the chief justice of the state Supreme Court appoints a three-judge panel to hear an election contest. Because Chief Justice Magnuson had served on the state canvassing board, he recused himself, passing the task to Alan Page, the senior justice on the court. Page chose Judge Elizabeth A. Hayden of Stearns County (who was first appointed by DFL governor Rudy Perpich) to preside over the contest. Assistant Chief Judge Kurt J. Marben of Pennington County (appointed by Independence Party governor Jesse Ventura) and Assistant Chief Judge Denise D. Reilly of Hennepin County (appointed by Republican governor Arne Carlson) were also appointed.