An Idea for Electoral College Reform That Both Parties Might Actually Like

| March 8, 2019 | Election Administration

In an article for POLITICO Magazine entitled “An Idea for Electoral College Reform That Both Parties Might Actually Like” Edward B. Foley discusses the theories present in his upcoming book, Presidential Elections and Majority Rule. Professor Foley shares his views on Electoral College reform, the 12th  Amendment, voting rights, and more.

The following is an excerpt from POLITICO Magazine:

Americans have heard for years that the Electoral College is broken—just look at the presidential elections of 2000 and 2016, when the winner earned fewer votes nationally than the loser. We have also heard that, despite its flaws, this system won’t change anytime soon. Republicans generally oppose a national popular vote, which would both undermine them electorally and violate the Founding Fathers’ desire for the presidency to reflect America’s federalist structure as a union of separate states.

But here is an argument for Electoral College reform that might actually appeal to conservatives: Simply put, the way we currently elect presidents would horrify the early American authors of the U.S. electoral system, as defined in the 12th Amendment.

Read the full article here.

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Edward B. Foley

Reporter, Principles of the Law, Election Administration

Edward Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State University, Moritz College of Law, where he also holds the Ebersold Chair in Constitutional Law. His book, Presidential Elections and Majority Rule (Oxford University Press, 2020), excavates the long-forgotten philosophical premises of how the Electoral College is supposed to work. His 2016 book, Ballot Battles: The History of Disputed Elections in the United States, was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice.” While Foley has special expertise on the topics of recounts and provisional ballots, he has also co-authored the casebook, Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014), which covers all aspects of election law.

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