Why was there in-person voting in Wisconsin during a once-in-a-lifetime pandemic? Was the election legitimate? 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.

About the show: Will the U.S. have a free and fair election in 2020? In the days leading up to Nov. 3 this podcast breaks down complex legal issues for listeners who care about democracy and elections. Election scholars Edward Foley (Ohio State University Moritz College of Law) and Franita Tolson (University of Southern California Gould School of Law) focus on the integrity and health of our democratic process. This podcast is a collaboration between OSU Moritz College of Law and USC Gould School of Law.

Franita Tolson

USC Gould School of Law

Franita Tolson is the Vice Dean for Faculty and Academic Affairs, and Professor of Law at USC Gould School of Law. She joined the law school in June 2017. Her scholarship and teaching are focused on the areas of election law, constitutional law, legal history and employment discrimination. She has written on a wide range of topics including partisan gerrymandering, campaign finance reform, the Elections Clause, the Voting Rights Act of 1965, and the Fourteenth and Fifteenth Amendments. Her forthcoming book, In Congress We Trust?: The Evolution of Federal Voting Rights Enforcement from the Founding to the Present, will be published in 2020 by Cambridge University Press.

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).  

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