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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

Topic-by-Topic Coverage (Early Voting)

Recent News & Analysis

Below are the most recent News & Analysis posts on Early Voting. See All News & Analysis on Early Voting

12/5/08
More on the Ohio Election Summit

Steve Hoffman, Akron Beacon Journal writer and panelist in Tuesday's summit, has this editorial.  He specifically mentions the difference in provisional voting rates between Ohio and Missouri and the perception that Ohio's high rate makes it more prone to litigation in the weeks preceding and following election day.  Ohio had a provisional voting rate this year of approximately 3.2% while Missouri's rate was 0.2%.  Part of the difference could be accounted for by the fact that Missouri doesn't allow provisional ballots to be used on election day to change the voter's address.  Address changes in Missouri have to be made prior to election day.  In Ohio, provisional ballots have been used since the early 90's--long before HAVA--to allow voters to change their address on election day, but it is unclear what proportion of today's provisional voters fall into this category.  Many panelists and commenters pressed for meaningful data to be gathered and reported by Ohio officials so that all interested parties can base their election policy debate on sound facts instead of emotions and anecdotes.  While the use of provisional ballots to change an address is seen by some as an accomodation to voters, these provisional ballots can get caught up in unforeseen disputes such as whether the formal requirements for completing the ballot envelope have been satisfied.  Voters can get tripped up by choosing to take advantage of a voting option that they may not realize will decrease the likelihood of their ballot being counted.  EL@M has been monitoring progress in the lawsuit over ballot envelope formalities in Ohio's Franklin County.  See the Skaggs case page here.  The Ohio Supreme Court has not yet issued a decision.

11/19/08
Alaska Senate race: Begich defeats Stevens and a recount is unlikely

Senator Ted Stevens has been defeated by challenger Mark Begich in the Alaska Senate race by a margin of close to 1%.  State-funded automatic recounts are triggered by margins smaller than 0.5% but a candidate would have to request a recount and pay the approximate $15,000 cost were the margin larger.  The Alaska race has been closely watched for many reasons such as the length of Stevens' time in office and his criminal trial and conviction right before the election.  Alaska is also an interesting place because of its huge and challenging geography and the difficulties that can create in election administration.  [Read More]

11/7/08
Virginia military absentee ballots case update

EL@M is watching for action in McCain-Palin 2008 v. Cunningham, a case in which the McCain campaign sought to require Virginia election officials to accept late absentee ballots from military voters.  The federal judge hearing the case rejected a case brought by the NAACP before the election asking to extend voting hours in Virgina because he did not think it was the court's place to decide such a matter.  Defendant's brief was due yesterday and plaintiff's reply is due today.  An election day order required the state board of elections to have local officials retain military ballots and data about their issuance and arrival.  EL@M will post updates to the case page. 

11/4/08
Ohio SoS issues new directive on counting absentee ballots

Secretary of State Brunner issued a directive requiring counties to notify voters of deficiencies in their absentee ballot ID envelope.  Voters must be notified by Nov. 10 and allowed 10 days to come into the board office and correct the deficiency.  Election Law @ Moritz fellow Ruth Colker just resolved an issue with her absentee ballot in Franklin County.  Read her account here.  This directive will require notification to other voters in her position.  Dan Takaji has blogged about the directive at Equal Vote. [Read More]

10/31/08
Absentee ballots emerging as a trouble area nationwide

It is becoming clear that the verification and counting of absentee ballots are emerging as top issues in this year’s historic election.  Absentee ballots are being used more this year because several states began allowing “no-fault” absentee voting, meaning any voter can vote early in-person or by mail without an excuse.  High interest in this presidential election and fear among voters of the long lines they saw in 2004 have also contributed to the vastly expanded use of absentee ballots.

As we enter the final weekend before the election, here are some of the reported problems we are seeing with absentee ballots... [Read More]

Recent Commentary

There are no commentaries on Early Voting that Election Law @ Moritz has covered, or is covering at this time.

Recent News Stories

Below are the most recent News Stories on Early Voting. See All News Stories on Early Voting

8/5/09
Easier, cheaper voting plan proposed

Steve Harsman, director of the Montgomery County Board of Elections, is encouraged by Secretary of State Jennifer Brunner’s comprehensive proposal to make voting easier and save money at the same time.

8/5/09
How Negron’s aggressive absentee ballot campaign clinched Senate seat before election day

Who needs election day? Not Republican Joe Negron, who capitalized on absentee and early voting on his way to a landslide victory in Tuesday’s special state Senate election.

8/3/09
Absentee voters to play a key role in Detroit primary

Detroit electons officials expect absentee ballots to account for about 30% to 35% of voter turnout for Tuesday's citywide primary.

7/9/09
Five Knox County sites picked for early voting project

Knox County election officials have selected five sites for the early voting pilot project for the Knoxville primary election in September, subject to the approval of the Election Commission.

6/22/09
Your State Could Be Minnesota

The Disputed Senate Race Highlights Problems With The Way States Count Absentee Ballots

Current Litigation

There are no active cases on Early Voting that Election Law @ Moritz is covering at this time. See All Archived Cases on Early Voting