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When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley - Posted on June 13, 2016, 6:35 pm

Not when the state already has enough information to verify the ballot’s validity.

A Tale of Two Swing States

Edward B. Foley - Posted on May 31, 2016, 9:29 am

            Pennsylvania should prepare itself for the kind of “voting wars” litigation that Ohio has experienced in recent years, including a claim that the state’s current opportunities to cast a ballot impose a disproportionate burden on the state’s African-American voters.

Is Ted Cruz Eligible to Be President? Let’s Find Out

Daniel P. Tokaji - Posted on February 17, 2016, 8:00 am

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

Publication of new BALLOT BATTLES book

Edward B. Foley - Posted on December 21, 2015, 10:01 pm

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

The Constitution Needed a Judicial Assist

Edward B. Foley - Posted on June 29, 2015, 2:32 pm

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.


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