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October 27, 2022

Are We Ready to Resolve a Disputed Election? with Ned Foley (Recast)

Episode 248

It's midterm election season, and on Congress' docket are two bills that will impact how the electoral college is certified. This week, we're revisiting the second half of our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned discusses what a successful election looks like in America and the lessons learned from the milestone case of Bush v. Gore.

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program:


Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016

Bush v. Gore 531 US 98 (2000)

Full Case Opinion (PDF)

Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National SecurityNovember 17th–18th, 2022

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