Madisonian democracy, as James Madison himself propounded it and as it has subsequently become to be practiced in the United States, has been viewed as different from the democratic theory developed by the French philosopher Marquis de Condorcet and the many subsequent scholars of social choice working in Condorcet’s wake.
Edward B. Foley Posts
Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism
by Edward B. Foley | Sep 2, 2021 | Election Administration
This paper was presented on May 7, 2021, at the AALS Conference on Rebuilding Democracy and the Rule of Law.
Why Counting Presidential Votes Is Not for Federal District Courts
by Edward B. Foley | Nov 23, 2020 | Election Administration
For the past several months, Election Law at Ohio State and SCOTUSblog have teamed up to track significant election-related lawsuits with the potential to reach the Supreme Court and affect the presidential election. Now, two weeks after Election Day, litigation over the outcome of the election is rapidly diminishing, but it hasn’t yet completely disappeared.
Election 2020: When Are Results Official and What Happens if Results Are Disputed
by Edward B. Foley | Oct 8, 2020 | Children and the Law, Election Administration
On this episode of Reasonably Speaking panelists discuss the volatile climate surrounding the upcoming presidential election on Nov. 3, as well as what we can expect if the results are disputed.
‘America Has to Count on More than Prayer in the Case of Close Election’
by Edward B. Foley | Jul 28, 2020 | Election Administration
In “America Has to Count on More than Prayer in the Case of Close Election,” featured on The Hill, Edward B. Foley explores growing concerns that if the upcoming presidential election this November remains unsettled after the results are in, it inevitably will end up like 2000 or worse.
Absentee Voting Processes and the November Election
by Edward B. Foley | Jul 24, 2020 | Election Administration
With the November election less than four months away, and the certainty that it will involve a dramatic increase in the amount of voting by mail, we recently recorded an episode of Reasonably Speaking to discuss some of the legal issues that might arise surrounding voting by mail.
Absentee Balloting: Preparing for the November Election
by Edward B. Foley | Jun 18, 2020 | Election Administration
The latest episode of Reasonably Speaking brings together a panel of experts to discuss the merits and shortcomings of current vote-by-mail processes, including what went wrong in the primaries, and how the upcoming presidential election will likely face similar challenges unless changes are made.
Worrying about Wisconsin, While Waiting for Its Election Returns
by Edward B. Foley | Apr 21, 2020 | Election Administration
As we await results from Wisconsin’s April 7 election, we must wonder whether this election is one that fails our national commitment to genuine democracy and, if so, what to do about it.
What Happened in Wisconsin
by Edward B. Foley | Apr 15, 2020 | Election Administration
In this podcast episode of Free and Fair with Franita and Foley, election scholars Ned Foley and Franita Tolson analyze the partisanship and polarization that contributed to the state’s fraught primary, and how other states can do better in their upcoming elections.
Principles of Election Law: Early In-Person Voting and Open Absentee Voting
by Edward B. Foley | Mar 18, 2020 | Election Administration
In light of the recent disruptions to in-person elections due to the COVID-19 restrictions, and the potential for a larger-than-average number of citizens requesting absentee ballots, state officials may need guidance on how to implement fair and efficient absentee protocols now more than ever.