Election Administration Posts
Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism
Edward B. FoleyThis paper was presented on May 7, 2021, at the AALS Conference on Rebuilding Democracy and the Rule of Law.
UCI Law’s New Fair Elections and Free Speech Center
Madison WilsonThe University of California, Irvine School of Law has launched the Fair Elections and Free Speech Center, dedicated to “advancing an understanding of, and offering means to counter, threats to the stability and legitimacy of democratic governments exacerbated by the unregulated growth of digital media and other technological changes in mass communication.”
A Partisan Battle In An Overreach of A Case
Richard L. HasenBrnovich v. Democratic National Committee is a strange voting rights case. Rather than the typical case, in which a voting rights group representing minority voters sues a state or locality for engaging in electoral discrimination, this case pits the two major political parties against each other, and Republican officials in Arizona against Democratic officials.
Why Counting Presidential Votes Is Not for Federal District Courts
Edward B. FoleyFor 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
Steven F. Huefner, Edward B. Foley, Derek T. Muller, Franita Tolson and Jennifer MorinigoOn 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.
With News That the President Has Tested Positive for Coronavirus (and He Was in Contact with Joe Biden at the Debate Earlier in the Week), What Happens If a Presidential Candidate Dies or is Incapacitated Before Election Day? A Mess
Richard L. HasenThe President and First Lady reportedly tested positive for the coronavirus…[A]s a matter of national importance we need to ask what would happen if one of the presidential candidates died or became incapacitated before election day.
Election 2020: “What if?” Workshop
Lauren KlosinskiOn Thursday, Sept. 3, The National Press Club Journalism Institute is hosting “Election 2020: “What if?” a free virtual workshop tackling important topics surrounding the November election.
What Is a Delayed Election Result?
Jennifer MorinigoIn an op-ed piece for The Washington Post Edward Foley of Ohio State University, Moritz College of Law and Joanne Lipman, former editor in chief of USA Today, rebuff the claim that there is a “delay” if presidential election results are not declared on election night.
Court Denies Republicans’ Request to Reinstate Witness Requirement for Rhode Island Absentee Ballots
Amy HoweOn August 13, the Supreme Court refused to intervene in a dispute over absentee ballots for the upcoming elections in Rhode Island.
Direct Democracy Denied: The Right to Initiative During a Pandemic
Richard L. HasenPutting aside the Supreme Court’s controversial decision in Republican National Committee v. Democratic National Committee, the case overextending the date for receipt of absentee ballots in the April 2020 Wisconsin primary, many (although not all) courts have done a fairly good job protecting voting rights during the COVID-19 pandemic.