Election Administration Posts
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.
‘America Has to Count on More than Prayer in the Case of Close Election’
Edward B. Foley and Lauren KlosinskiIn “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
Steven F. Huefner, Edward B. Foley and Pauline ToboulidisWith 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.
Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them
Richard L. HasenThe COVID-19 global pandemic, which already has claimed over 100,000 lives in the United States by the end of May 2020, revealed cracks in American economic and social infrastructure. The pandemic also has revealed the inadequacy of the American political infrastructure, in particular, the lack of systematic and uniform protection of voting rights in the United States.