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. He argues that it doesn’t have to be that way, citing previous elections, in 1884 and 1916, where the race remained unsettled for two weeks but ended well.

“If there are concerns about details of ballot review procedures in certain states, the campaigns should raise them now. The American Law Institute looked at this topic and, with the input of recount lawyers from the major parties, developed a bipartisan set of principles that I worked on to guide reform. For any revision of these state laws over the next few months, the principles provide an important source. The campaigns should otherwise accept existing state laws and be prepared to honor the results.”

Read the full piece here.

Foley cites ALI’s Principles of the Law, Election Administration as a useful tool for addressing these concerns and ensuring fair elections. The principles apply to any type of elective office and are structured to be useful to multiple audiences, including state legislatures, state courts, and state officers such as secretaries of state and local election officials.

For additional information or to request a full copy of Principles of the Law, Election Administration, please email communications@ali.org.

Edward B. Foley

Reporter, Principles of the Law, Election Administration

Edward Foley (known as “Ned”) holds the Ebersold Chair in Constitutional Law at The Ohio State University, where he directs its election law program. Foley is the author of Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, revised edition 2024), the first edition of which was Finalist for the Langum Prize in American Legal History, and Presidential Elections and Majority Rule (Oxford University Press, 2020). He is also co-author of Electoral Reform in the United States: Proposals for Combating Polarization and Extremism (forthcoming 2025), Election Law and Litigation: The Judicial Regulation of Politics (2nd ed. 2022), and From Registration to Recounts: The Election Ecosystems of Five Midwestern States (2007; updated 2011).  

Lauren Klosinski

ALI Staff

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