Faculty in the News

Edward B. Foley Media Hits

The following is a list of selected media coverage for Edward B. Foley. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes.

 

GOP Group Readies 1,000-Lawyer Army for Election Day

October 22, 2014

Professor Ned Foley was quoted in a Bloomberg article on the chances key races will go into overtime and require recounts after the election.

"There's no perfect election, there just can't be. It's too big of a human system," says Edward B. Foley, the Director of Election Law at Ohio State University's Moritz College of Law. "To the extent that anything gets a little messy, that's where the lawyers come in."



Courts Grapple With GOP-Backed Voting Limits

October 10, 2014

Professor Ned Foley was quoted in The Wall Street Journal on several recent court decisions on Republican-backed measure to tighten state voting rules. Courts are grappling with new legal questions raised by the recent state voting restrictions, and with the effect of a 2013 Supreme Court ruling that struck down part of the Voting Rights Act in a case involving Shelby County, Ala.

“This is not the run-of-the-mill pre-election skirmishing,” said Ohio State University law professor Edward Foley. “What’s new is we’re seeing the voting wars play out in a post-Shelby County environment.”



U.S. Supreme Court delays start of Ohio early voting

September 30, 2014

Professor Ned Foley was quoted in an article in the Columbus Dispatch about the U.S. Supreme Court's decision to grant Ohio state officials’ request to block a lower court's order restoring cuts in early voting made by the GOP-controlled Ohio General Assembly. Instead of starting on Sept. 30 as it has been scheduled to, the early voting period would instead open on Oct. 7 in accordance with the Supreme Court's 5-4 decision.

Professor Foley said the conservative justices, who granted the state official's request, sent “ a strong signal” that they believe the Ohio law is probably constitutional. “It’s unfortunate that you have that 5-4 split because it would have been nice if it could be more consensus across ideological lines,” he said. “But it was not to be.”



Ohio partisans battle over voting laws

December 15, 2013

Professor Edward Foley was quoted in article about the battle swirling around Ohio voting laws in an article from the Columbus Dispatch. While Foley said there are legitimate concerns that Republicans have used their power “for an effort to win an election and perhaps suppress turnout,” he also said the issue isn't clear cut.

 “Not every curtailment of early voting is suppression or voter disenfranchisement. Early voting doesn’t have to be five weeks long,” Foley said. “There could be nonpartisan justifications to cut back early voting, but you can’t tell if it’s valid if it’s done by an institution structured to favor one side.”



The downside of clear election laws

December 4, 2013

Professor Edward Foley was quoted in an article in the Washington Post about how the way election laws are written can affect whether they are held up by lawsuits. The best say to prevent this, Foley said, is to emphasize clarity.

“Put clarity at the top of the list of things to achieve, maybe before fairness or integrity or access or whatever, because litigators can’t fight over things that are clear,” he said, speaking on an election law panel during a multi-day conference hosted by the bipartisan National Conference of State Legislatures in Washington, D.C. “It’s amazing how much ambiguity kind of seeps into laws that is unintended.”



Herring, Obenshain dig in for a fight in tight Va. attorney general race as the lawyers move in

November 13, 2013

Professor Edward Foley was quoted in a article by The Washington Post regarding the race for Virginia attorney general. As of Wed., Sen. Mark R. Herring (D-Loudoun) led state Sen. Mark D. Obenshain (R-Harrisonburg) by 164 votes out of more than 2.2 million cast.

Electoral boards in each locality checked their numbers and decided whether provisional ballots should count. Statewide, 3,158 provisional ballots were cast, 493 of them in the Fairfax Government Center.

GOP attorney Miller Baker argued that the votes cannot be taken out now, and Foley agreed.

“Usually, once a ballot has been counted and mixed into the pool, you can’t really retract it,” Foley said.



When Another Speaker Stood Firm Against Obstructionists in His Own Party

October 15, 2013

Professor Edward Foley wrote an op-ed for Roll Call comparing the situation that current Speaker of the House John A. Boehner is in light of the coutnry nearing the debt cieling to a former speaker of the house who stood up to his party for the betterment of the country. In the 1876 Hayes-Tilden presidential election, the country was at a deadlock over the results of the election and how the new president would be chosen. Speaker of the House Samuel Randall chose Hayes to be the next president in opposition to many of the hard-liners in his own party. Foley writes that historians laud Randall's decision and it did not adversely affect his political career.

"The parallels between Randall’s situation and Boehner’s are not exact," Foley writes. "The current crisis concerns fiscal policy, not counting Electoral College votes. Still, Randall’s example is a useful reminder of how history rewards virtue, as we all await the ultimate resolution of Washington’s ferocious budget battles."



Chris Matthews: Laura Ingraham Wrong About Voter ID Laws Being Nondiscriminatory

September 1, 2013

Professor Edward Foley was quoted in an article on News Busters on voter ID laws in Georgia. Despite the law and the worries some had about its effects on the voter turnout for minorities, data show that voter turnout for minorities actually increased faster than the population.

“It hasn’t had the voter-suppressing effect that some people feared,” Foley said. Conversely, he said, rhetoric about voter fraud has largely proven to be a “scare tactic” with little basis in fact.



Ohio Constitutional Commission meets today

July 10, 2013

Professor Edward B. Foley was quoted in a WKSU NPR article about the voter-approved Constitutional Modernization Commission for Ohio, which began meeting this week. The bipartisan commission of 12 lawmakers and 20 citizen members will eventually hear about taxes, term limits, home rule, redistricting, elections of judges, and ballot campaigns launched by citizens, among many other issues surrounding possibe changes to the state constitution. Foley addressed one of the subcommittees.

"You’re really in a position to shape the posterity of this state," he said. "That’s the office that you hold as commissioners of this body. It is a very profound and important public trust that all of you on this Ohio Constitutional Modernization Commission have.”



Supreme Court to Hear Challenge to Arizona Voter ID Law

March 18, 2013

Professor Edward Foley was quoted in an article on ABCnewsradioonline.com regarding the Supreme Court case challenging the Arizona voter ID law. "The case is intrinsically important,” says Foley, “because it asks whether a state can add a requirement to prove U.S. citizenship at the time of voter registration, beyond what the federal government requires under the NVRA”.



Beyond 2012: Are voter ID laws here to stay?

December 27, 2012

Professor Edward Foley was quoted by The Bay State Banner in an article about one of the most contentious issues of the most recent election season: voter identification laws. More than 30 states introduced some sort of legislation in 2011 and 2012. Asked if we could see another wave of legislation over voter ID laws, Foley said it's difficult to tell.

“What we don’t know is if from 2013 to 2014, we’re going to see that same phenomenon at that same level,” said Foley, the director of the Election Law @ Moritz program.



Remember that Provisional Ballot Problem?

November 20, 2012

Professor Edward Foley was quoted in an article in The American Prospect about the complications Ohio's provisional ballot system still faces. “I think Ohio dodged a proverbial bullet,” said Ned Foley, the head of Ohio State’s Moritz Law Center. Still, Foley is quick to point out, “The focus has gone away but that doesn’t mean the vulnerabilities don’t exist.”



Dems, Latinos protest provisional-ballot use

November 9, 2012

Professor Edward Foley was quoted in an article in The Arizona Republic regarding laws surrounding provisional ballots and how they will count in the 2012 presidential election. "We have to realize that we're adding this risk or this wrinkle into the system," said Edward Foley, an election-law expert and law professor at Ohio State University. "As long as they get counted in the end, those ballots will count like every other ballot."



Analysis: U.S. battle over ballots averted, but not forever

November 7, 2012

Professor Edward Foley was quoted in an article by CNBC regarding Ohio's early voting rules and provisional ballots and what will happen in the future. "In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."



Analysis: U.S. battle over ballots averted, but not forever

November 7, 2012

Professor Edward Foley was quoted in an article in the Chicago Tribune regarding the law suits that have and will occur from the 2012 presidential election. In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."
 



Ohio's complicated process for counting provisional ballots could decide the presidency

November 6, 2012

Professor Edward Foley was quoted in an article in The Plain Dealer about law regarding provisional ballots in Ohio and the role those might play in the 2012 presidential election. "That will get dicey," said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. "That just shows a structural weakness in our system."



Ohio Legal Showdown?

November 6, 2012

Professor Edward Foley was quoted in an article in The American Prospect about the possible court cases that may arise from election law in Ohio. “It’s not like there are seven different things that might happen on November 7,” Foley said. “It’s like we’re at a fork in the road, and we could go down this path or that path. And if we go down the second path, then a few days later we meet another fork in the road.”



Ohio Candidate Sues to Block Electronic Voting Machines

November 6, 2012

Professor Edward Foley was cited in an article on Bloomberg News Service regarding Green party candidate Robert J. Fitrakis's attempt to block electronic voting machines. Voter rights advocates and lawyers for the candidates may initially head to court to keep polls open longer because of machine breakdowns, to make up for Hurricane Sandy’s aftermath, or to bar partisan poll-watchers challenging the rights of some to vote, said Edward Foley, a law professor at Ohio State University.



Election overtime: A winless Wednesday?

November 6, 2012

Professor Edward Foley was quoted in an article on Press TV regarding the possibility of a delay in election results for the 2012 presidential election. “If litigation doesn’t kind of take over and have a life of its own, you can imagine not knowing the answer for a week or two,” Foley said. “If they keep fighting after certification, all bets are off until you get to the December deadline set by federal law.”

 



Five things that could go wrong on Election Day in Florida

November 5, 2012

Professor Edward Foley was quoted in an article in the Tampa Bay Times about what might go wrong in Florida on this Election Day. "In close races, an entire state's elections process goes under the microscope," said Ed Foley, an Ohio State University law professor and elections expert. "With that type of scrutiny, things always turn up."



Presidential Election Seen Spurring New Wave of Lawsuits

November 5, 2012

Professor Edward Foley was quoted in an article in the Bloomberg News about lawsuits during the presidential election. “You can’t have a recount until you do a canvass and you can’t do a canvass until you verify the provisional ballots,” Foley said in an interview. “An election might be too close to call until they go through the process.”



Lawyers for both parties ready to challenge results

November 5, 2012

Professor Edward Foley was quoted in an article in the Boston Globe regarding possible law suits due to the potential close call of this presidential election. “The analogy to warfare makes sense; the Pentagon is always improving its weaponry,” said Edward B. Foley, an Ohio State University law professor and an expert on election law. “Something of the same thing is going on in the legal battles. You just accumulate experience and sophistication in how to think about what to do.”



Major changes loom for Minn. election law if voter ID passes

November 5, 2012

Professor Edward Foley was quoted in an article on Minnesota Public Radio about the importance of voter-ID. "For many voters, you know, what's the point?" Foley said. "They read in the newspaper the next day that the elections are decided, and so on and so forth. They live busy lives and don't bother to rectify their ID."



Presidential campaigns set to challenge results in neck-and-neck races

November 5, 2012

Professor Edward Foley was quoted in an article on AZCentral.com regarding the need for campaign lawyers during this presidential race. “One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?” said Edward Foley, who directs the election-law institute at the Ohio State University’s Moritz College of Law



Provisional ballots may turn presidential election

November 5, 2012

Professor Edward Foley was quoted in an article on WKSU.com about the presidential election and the role Ohio plays. “Historically Ohio ends up counting most of the provisional ballots that are cast - in some years it’s 70 percent and as high as 80 percent in one year. So the majority end up being verified and count just like any other vote.”



Lawyers descend on Ohio - just in case

November 4, 2012

Professor Edward Foley was quoted in an article in the Cincinnati Enquirer about lawyers being necessary to come to a decision on who the next president will be because of a close race. That issue, Ohio State University law professor and election-law expert Ed Foley notes wryly, “can look very different the morning after the election than the day before.”



As Ohio Counts, So Waits the Nation

November 4, 2012

Professor Edward Foley was quoted in an article on the National Review Online about Ohio's role in th presidential election. “Ohio has a history of litigating over the rules for counting provisional ballots,” Ned Foley of the Moritz College of Law at Ohio State told National Journal.



Down to the wire: A brief history of close presidential elections

November 3, 2012

Professor Edward Foley was quoted in an article in The Week magazine about elections that have come too close to call and what was done about it. "We could easily see a situation," said Ohio State law professor Ed Foley, "in which the nation has to wait for Ohio."



Obama or Romney? Five scenarios that could affect the outcome of the election

November 2, 2012

Professor Edward Foley was quoted in an article in The Guardian about scenarios that could cause the presidential election to be undecided on November 6.  "Just because we are forced into overtime on 7 November doesn't automatically mean we are in crisis," he says. "Such uncertainty is not a reason for panic."



Three Ways Election Day Could Get Ugly

November 2, 2012

Professor Edward Foley was quoted in an article on WIBW.com about what would need to happen if the election decision is delayed.  "Ohio has a history of litigating over the rules for county provisional ballots," said Foley.



Campaigns lawyered up for election overtime chance

November 2, 2012

Professor Edward Foley was quoted in an article in the Mercury News about why both campaigns are hiring lawyers as we near Election Day. "Edward Foley, director of the election law program at Ohio State University, came up with a hypothetical scenario in which Romney leads Ohio by 10,000 votes the day after the election—but there are 150,000 outstanding provisional ballots that must be examined. Ohio law gives voters 10 days, until Nov. 17, to provide officials with any information needed to show they are eligible to vote."



Romney-Biden May Be Winning Ticket in Unlikely Voting Tie

November 2, 2012

Professor Edward Foley was quoted in an article in Bloomgberg Businessweek about what could happen if the presidential election ends in a tie. “If you stipulate that they act according to partisan interests, they would pick Biden even if the House has picked Romney,” said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. A Romney-Biden administration is perhaps the oddest potential outcome to what could be a complicated finish to the presidential election.



Officials: ‘Please, God, make it a landslide’

November 1, 2012

Professor Edward Foley was quoted in an article by the LA Times about what happens if the election is too close to call. “It’s the new normal,” said Ed Foley, an election law expert at Ohio State University’s Moritz College of Law. “You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain.”



Sandy-Caused Power Outages May Complicate Election Day

October 31, 2012

Professor Edward Foley was quoted in an article on Bloomberg News about the complications Hurricane Sandy might have on voting in this election. “There are backup measures -- paper ballots, absentee ballots” that could be used instead of delaying the election, Foley said. “It may be less than ideal, but, weighing the alternatives, it would be better to go forward and do the best you can.”



Election experts say a lot could go wrong

October 31, 2012

Professor Edward Foley was quoted by the Los Angeles Times in an article about the potential pitfalls at the polls and legal challenges to arrive on and after Election Day. "It's the new normal," Foley said. "You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain."



Over 1.2 Million Votes Cast In Ohio For 2012 Presidential Election After Hurricane Sandy

October 31, 2012

Professor Edward Foley was quoted in an article in the International Business Times about how early voting may affect the Nov. 6 presidential election. "If it's a really tight race, we could be in a position where we don't know [the winner] until provisional ballots are counted," said Edward Foley, Director of Election Law at Ohio State University’s Moritz College of Law. "If Ohio is held up, and Ohio is essential to know who won, then the presidency is going to get held up."



Provisional ballots could keep Ohio's presidential outcome in doubt for days after election

October 30, 2012

Professor Edward Foley was quoted in an article in The Plain Dealer about the role provisional ballots might play in the upcoming election. Foley said Ohio law allows poll workers broad discretion to issue provisional ballots. The philosophy is, he said, "If there's uncertainty, let's let them have a provisional ballot, and we'll catch up with it later."



Both sides arming for recounts, challenges

October 29, 2012

Professor Edward Foley was quoted in a USA Today article about both sides in the Presidential election preparing for a very close race and the possibility of recounts in one or more states. "One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?" said Foley, who directs the Election Law @ Moritz program. "And they have different strategies based on if they're up or if they're behind."



Provisional Ballots Could Be The Difference

October 29, 2012

Professor Edward Foley was quoted in an article on OhioVotes.com about the role provisional ballots might play in the upcoming election. Professor Foley said going into overtime for an election isn't necessarily a crisis."If it takes 10 days to know who won, that does mean we have to wait and we may be on the edge of our seats and we really want to know, but it doesn't mean we've got a problem - it just means we've got a close election and we've got some more ballots to count," Foley said.



McManus: The Ohio presidential equation

October 28, 2012

Professor Edward Foley was cited in an op-ed in The Los Angeles Times regarding provisional ballots to be counted in Ohio in the event of a close race. "What that means, Ohio State law professor Edward B. Foley has warned, is that a candidate who falls just short on election night may ask for the provisional ballots to be counted, and that could take days. In 2008, Foley noted, about 207,000 provisional ballots were cast, enough to change a close election's outcome. The conventional wisdom holds that provisional ballots lean Democratic, since many of them are cast in urban precincts. This might be a scenario under which Obama could seek a longer count if election night doesn't go his way," wrote Doyle McManus.



Ohio's nightmare voting scenario

October 25, 2012

Professor Ned Foley was quoted in a Cincinnati Enquirer article on the possibility of the presidential election being too close to call on election night and results being delayed until provisional and absentee ballots are counted. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”



Ohio's nightmare voting scenario

October 25, 2012

Professor Edward Foley was quoted in an article by Cinncinati.com regarding how Ohio’s voting policies could leave the election undecided for up to three weeks. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Ed Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”



A possible “nightmare scenario” for counting votes in Ohio?

October 25, 2012

Professor Edward Foley was quoted in an article in The Washington Post about counting Ohio's provisional ballots accurately to avoid a disaster like Florida during the 2000 election. "There might be pressure on Obama to concede, especially if Romney is also ahead in the national popular vote,” Foley wrote.



Copying bad Palm Beach County ballots will likely prevent repeat of 2000 election spotlight, experts say

October 24, 2012

Professor Edward Foley was quoted in an article by The Palm Beach Post about the likelihood of a vote-counting issue like the one in Florida in 2000 will occur again. “‘They were making up the rules as they went along,’ he said. That, he said, was what ultimately spurred the U.S. Supreme Court to halt the recount and call the election for George W. Bush.”



Big Win for Obama Campaign in Ohio Early Voting Case

October 16, 2012

Professor Edward B. Foley was quoted in an article on ABCnews.com about Ohioans right to in-person early voting. “Now all voters in Ohio will have the opportunity to do in-person early voting, where they otherwise wouldn’t have,” says election law expert Edward B. Foley from the Ohio State University Moritz College of Law. “That makes the availability of early voting look more like 2008 when roughly 100,000 voters took advantage of the early vote. Expectation of political scientists in general is that demographically the segment of the electorate that prefers in-person early voting is an urban community.”



Ohio Appeals to Supreme Court on Early Voting

October 15, 2012

Professor Edward B. Foley was quoted in an article on ABCnews.com about the Republican party's appeal to the Supreme Court about passing Ohio's early in-person voting restriction law. Edward B. Foley, an election law expert at the Ohio State University Moritz College of Law, says, “the Obama campaign’s concern is that there is a federal constitutional violation by giving voting opportunities to military voters that are not extended to all eligible voters. The campaign is suing under the Equal Protection Clause of the Constitution, which has a long track record in the U.S. Supreme Court in applying to voting laws.”



Ohio Ruling Sets Stage for Supreme Court Decision on Early Voting

October 9, 2012

Professor Ned Foley was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election. “What the [judges] are saying is that we, the federal judiciary, aren’t insisting that you have these three days of early voting everywhere; we’re just insisting that you treat the military and nonmilitary voters the same. So if under Ohio law every county gets to decide what to do, they still get to decide as long as they treat military and nonmilitary voters the same.”



Ohio Secretary of State Jon Husted to appeal early voting decision to U.S. Supreme Court

October 9, 2012

Professor Ned Foley was quoted in a Cleveland Plain Dealer article on the Ohio Secretary of State's decision to appeal a U.S. Court of Appeals for the Sixth Circuit decision to allow early voting in Ohio the weekend prior to the election.  "Basically, four federal judges took a look at this and said this Ohio law is convoluted and shouldn't be able to take effect for this election," Foley said. "Is it absolutely imperative for the U.S. Supreme Court to get involved? It doesn't feel that way to me."



Courts block Republicans' voter ID laws – for now

October 8, 2012

Professor Ned Foley was quoted in a Los Angeles Times article on several recent court decisions that block voter identification laws. "Courts see their role as the protectors of the core right to vote,"  Foley said.



Democrats Target Ohio Ballot Rule as Republican Laws Fall

September 30, 2012

Professor Ned Foley was quoted in a Business Week article on pending election administration lawsuits in Ohio.  “It’s not unprecedented to have these last-minute lawsuits over voting process.  They’ve just snowballed since Bush v. Gore.”



US elections: Where is my vote?

September 28, 2012

Professor Ned Foley was quoted in a Muslim News article on the impact new identification laws and restriction to early voting could have on voter turnout. “Rhetoric on both sides has been over stated,” Foley said. 



Voter ID Laws Could Delay Outcome Of Close Election

September 26, 2012

Professor Ned Foley was quoted in a Huffington Post article looking into whether there will be an increase in provisional ballots during this election because of changes in voter laws. Provisional ballots take longer to count.  "Americans have gotten used to the expectation that you could turn on the TV and you would know that night who won the election, even after Florida in 2000," said Edward B. Foley, a law professor at Ohio State University. "But this could be an election in which we don't know the answer for several days."



Litigation casts pall as early vote approaches

September 23, 2012

Professor Ned Foley was quoted in a Toledo Blade article focusing on pending election lawsuits in Ohio and the likelihood of more lawsuits if the election is close.   “We see these lawsuits now. If it’s close, we’ll see these lawsuits later,"  he said. "I think that’s a question worth asking today.  Should you feel good about a win and should you really feel entitled to a win if the way in which you win is by disqualifying votes of valid voters? They went to the polling place. They had the right ID. They just by virtue of a mistake — and it might not have been their mistake. It might have been the poll worker’s mistake — they ended up with the wrong piece of paper."



Voter ID laws, poll tax not equivalent

September 12, 2012

Professor Ned Foley was quoted in a PolitiFact analysis of a statement by the American Civil Liberties Union that voter identification laws are essentially a modern-day poll tax.  "The U.S. Supreme Court has not definitely settled this debate, although its 2008 decision in the Indiana voter ID case suggests that the poll tax claim faces an uphill battle," said Edward Foley, executive director of an election law center at The Ohio State University’s Moritz College of Law.



Despite voter ID law, minority turnout up in Georgia

September 3, 2012

Professor Edward Foley was quoted in an article in the Atlanta Journal Constitution about the impact of Georgia's strict voter identification law. "I think the rhetoric on both sides has been overstated. It hasn’t had the voter-suppressing effect that some people feared.” Foley said.



Pre-Election Legal Battles Target Voting Rules

August 24, 2012

Professor Edward Foley was interviewed and quoted on NPR in a piece about the current pre-election litigation occuring in several battleground states.  "If there are going to be lawsuits, it's better to have them early rather than later. I think everybody knows that they are potential swing states in the presidential election. And the lawyers know that, and so they know which states might matter the most and where the voting rules might really make a difference," Foley said.
 



Pennsylvania Voter Suppression Law Upheld

August 16, 2012

Professor Edward Foley was quoted in a Lawyers.com article, which was about Pennsylvania’s voter identification law being upheld by the Commonwealth Court.

“If it’s actually no burden to ask someone to show an ID, let the law be enforced for those to whom it’s no burden,” Foley said. “If you don’t have the right kind of ID, and you state the reason is you can’t get the official document because you’re indigent, and sign an affidavit that you are indigent, your vote will count. …I can’t say it’s great to vote a provisional ballot as opposed to a regular ballot, but they aren’t disenfranchised.”



Presidential campaigns spar over Ohio election law

August 15, 2012

Professor Ned Foley was quoted in an article by The Associated Press. The article regarded presidential campaigns and Ohio’s election law.

"Ohio is a repeat player in the election litigation business," Foley said. "Ohio matters and it stands to reason that the candidates are going to care more about the voting rules for a swing state."



Citizenship question sets off controversy at polls

August 8, 2012

Professor Edward Foley was quoted by The Detroit News in an article that centered on extra concern about U.S. citizenship causing controversial confusion at voting polls. Foley said the 2002 Help America Vote Act deems all voters eligible to cast ballots.

“If voters go to the polls and say they believe they are entitled to vote then they should receive a provisional ballot no matter what," Foley said. "They can come in later with proof of citizenship.”



Will Ohio count your vote?

July 28, 2012

Professor Edward Foley was quoted in a Cincinnati Enquirer article about voters’ ballots being discarded.

Foley equated developing an electoral process to “planning for hurricanes.” He said, “You need to build an election system that can withstand the unexpected, unusual event. …We’re not quite there yet in Ohio, and that’s what worries me. The fate of the nation could hang on provisional voting in Ohio. That’s rather unsettling.”

The article was later published by the Mansfield News Journal.



Obama prepping thousands of lawyers for election

June 26, 2012

Professor Edward Foley was quoted in The Denver Post in an article regarding President Barack Obama’s campaign rallying thousands of lawyers to be on reserve for this year’s election due to rising legal disputes about the voting processn and, specifically, about new voter identification laws.

Foley said legal challenges are common before elections, but litigation has come much earlier this year. “We're in an era of increased litigiousness over the voting process," he said.



Letters: Look closely at how voter fraud happens

May 31, 2012

Professor Edward Foley weighed in on an article in The Oshkosh Northwestern regarding voter fraud. Foley recommended using “electronic voting rolls” to prevent forgery.



Minnesota's election system after two recounts

April 25, 2012

Professor Ned Foley weighed in on a MinnPost article about Minnesota’s election system and its tendency to recount votes.

In the article, which reported Foley’s participation in a panel of election experts at the University of Minnesota’s Humphrey School, Foley commended Minnesota’s ability to recount and produce results that “had legitimacy” and “deserved public respect and trust.”



Other states offer clues on how voter ID would work in Minnesota

April 4, 2012

Professor Edward Foley was quoted in an article by Minnesota Public Radio pertaining to voter identification laws in that state. Minnesota is set to vote on an amendment to the state constitution in November to decide whether the voter IDs will be required.

The impact of the amendment is not yet known. Foley said initially the law would allow more people to vote, but the process would work better in theory than in practice because voters typically don't prove their identity after the election is over.

"That right very rarely gets exercised by voters," Foley said. "They watch the news at night, victory is declared for one candidate or another, or they don't have time to do it."



Ohio remap dispute churns toward legal showdown

October 26, 2011

Professor Edward Foley, director of Election Law @ Moritz, was quoted by the Toledo Blade in an article about the ongoing debate surrounding Ohio's congressional map. The map was recently redrawn by a Republican majority and roundly criticized by Democrats who are willing to put a referendum on next year's ballot. Because that is well after the the 2012 congressional elections would begin, the likelihood of a state or federal court intervening increases.

The judge or judges would have several options, including imposing their own map, he said, but don't expect the judge to draw his own. "He would probably appoint a special master, which has been done in the past. He will try to have a reputation of neutrality. He won't want to be seen favoring one party or the other when they do this," Foley said.

"The court may entertain submissions both from the parties and public," he said. "Once in this terrain, the court would have what are called equitable powers because this would be seen as an emergency situation where all bets are off."

 



U.S. Supreme Court Wants Quick Response in Ohio Vote-Counting Case

April 11, 2011

Professor Ned Foley was quoted in a Ballot Access News article about the Hamilton County Board of Elections request in the U.S. Supreme Court to stay an order by the U.S. Sixth Circuit Court of Appeals requiring certain provisional ballots from a November 2010 judicial election to be counted. The article said: "The brief also points out that election law professor Ned Foley wrote recently that this case is the most significant instance so far in which a lower court has depended on Bush v Gore."



Ill. high court: Emanuel can run for Chicago mayor

January 28, 2011

Professor Edward Foley was quoted in an Associated Press story about the Illinois' highest court putting Rahm Emanuel back in the race for Chicago mayor. The story states: “But Edward Foley, a law professor at Ohio State University, said the high court ruling made sense. ‘This wasn't a slam-dunk for Emanuel going in," he said. "But it shows the justices saw the appellate court ruling as a hiccup.’ When faced with an ambiguity in election law, he said, the justices ‘decided that you want to err on the side of letting voters vote for candidates that they want to.’”



What does it mean to be a resident of a city?

January 26, 2011

Professor Edward Foley was quoted in an Associated Press story about Rahm Emanuel running for Chicago mayor. The story states: “Edward Foley, a law professor at Ohio State University who heads the school's election law program, said the court's decision to disregard intent was striking. ‘There is a general theme in election law that when in doubt, you err on the side of democracy,’ he said. ‘If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide.’”



Ohio case may set U.S. voting precedent

January 19, 2011

Professor Edward Foley was quoted in a Columbus Dispatch story about Hamilton County’s race for juvenile judge. The story states: “‘It's not a high-profile race, but it may create a high-profile precedent,’ said Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University.”



Juvenile judge case heading to U.S. Supreme Court?

January 17, 2011

Professor Edward Foley was quoted in a Cincinnati Enquirer story about Hamilton County’s race for juvenile judge. The story states: “‘This dispute appears to have the potential of forcing the U.S. Supreme Court itself, or at least one of its Justices (indeed, its newest member, Justice Elena Kagan), to weigh in on how the precedent of Bush v. Gore applies to other elections besides the one in which it arose (which was, of course, the 2000 presidential election),’ Foley writes in a Jan. 14 post.”



Judge choice thrown into chaos

January 12, 2011

Professor Edward Foley was quoted in a Cincinnati Enquirer story about a federal judge ordering Hamilton County election officials to count more than 150 disputed ballots in the race for juvenile court judge. The story states: “‘It’s important for this election, but it’s also important for setting the legal terrain for what might happen to the law in 2012,’ said Edward Foley, director of the election law program at Ohio State University. “The answer to the equal protection question in this case will be an important precedent.’”



Secretaries of state up the political ante

January 3, 2011

Professor Edward Foley was recently quoted in a Stateline story about Kris Kobach and Scott Gessler preparing to take office as secretary of state for Kansas and Colorado, respectively. The story states: “But voters seem to have an allergic reaction to making elected positions into appointed ones, in the view of Edward B. Foley, an Ohio State University law professor who specializes in election law: ‘Voters say, ‘Hey, I trust myself — I want this to be an elected office.’’”



Emmer concedes governor’s race to Dayton

December 8, 2010

Professor Edward Foley was quoted in a Politics in Minnesota story about Republican Tom emmer conceding the Minnesota governor’s race to DFLer Mark Dayton. The story states: “‘I haven’t seen anything that has suggested we’re not at the end of the road,’ he said after reviewing the opinion. ‘Every election has a losing candidate. Someone has to lose. At some point it’s over when it’s over; you can’t simply say ‘I wanted to win’ and go to court.’”



Emmer to concede governor's race

December 7, 2010

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about Republican Tom Emmer being expected to concede the Minnesota governor's race to DFLer Mark Dayton on Dec. 8. The story states: “Edward Foley, an election law professor at Ohio State University, said the Supreme Court opinion was a complete rejection of Emmer's argument. If an Emmer victory ‘was a galaxy away before, it is now clusters of galaxies away,’ he said.”



Elections experts say Emmer win unlikely after recount

December 2, 2010

Professor Ned Foley was recently quoted in Minnesota Public Radio segment on the unlikelihood of Republican Tom Emmer winning Minnesota's race for governor. The story states: “‘If you surveyed the history of recounts all around the 50 states, it's extremely unlikely that you could overturn a margin of victory that's 1,000 or 2,000 votes,’ said Ned Foley, from the Ohio State University College of Law. ‘When you get up to 8,000 or 9,000 votes, that's huge odds against you.’”



From count room to courtroom?

December 1, 2010

Professor Ned Foley was recently quote in a Minneapolis Star-Tribune story about the possibility of a Minnesota’s governor race moving to the courtroom after a recount. The story states: “‘If you can't demonstrate a number of questionable ballots that are equivalent to the margin of victory, it's a non-starter,’ said Ned Foley, a professor of election law at Ohio State University. ‘If the numbers aren't there, you can't win.’”



Minn. election law: Clarity quickly chased by confusion

November 22, 2010

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about the well-intentioned election laws of Minnesota that may be muddied by a coming recount. The story states: “‘Something can always come up, even in a well-designed election system,’ said Ned Foley, an election law professor at Ohio State University.”



Alaska's Miller waits to see if write-in challenge adds up

November 13, 2010

Professor Edward Foley was quoted in an MSNBC story about the laws of write-in ballots in the race in Alaska. The story states: “‘I can see a judge easily saying there's no wiggle room under the statute or there's a little wiggle room but not a lot,’ he said. Some courts in election matters have taken a "tough luck," rules-are-rules approach, he said, while others have proved more lenient to keep voters from being disenfranchised.



State election system is better, not faster

November 9, 2010

Professor Edward Foley was recently quoted in a Minneapolis Star-Tribune story about the effectiveness of changes to election law in Minnesota since the 2008-2009 election. The story states: “A nationally recognized election law scholar, Edward Foley of Ohio State University, watched Minnesota's 2008-09 U.S. Senate recount and election contest and became an admirer of this state's precise election laws and even-handed administration. But, he added, ‘you have the virtue of fairness at the expense of taking too long.’ He warned that a close election for governor or president would make that flaw loom large.”



Experts Skeptical Of Lawsuit Over Minn. Gov. Race

November 7, 2010

Professor Edward Foley was recently quoted in a story reported by WCCO TV about whether or not the GOP can sue its way to victory in the Minnesota governor’s race. The story states: “Edward Foley, a law professor at Ohio State University, said he hasn't seen anything yet that would give sufficient legal grounds for an Emmer lawsuit to succeed. ‘There would need to be problems in the voting process that are violations of the law that could make a difference in the outcome,’ Foley said.”



And the winner is ... Pawlenty?

November 4, 2010

Professor Edward Foley was mentioned in a Minneapolis Star-Tribune story about the close Minnesota governor’s race. The story states: “Ned Foley, an election law professor at Ohio State University, said his study of recounts found they rarely change the result and then only when the election night loser is fewer than 2,000 votes short of victory.”



Alaska’s Murkowski seeking write-in win

October 28, 2010

Professor Edward Foley was recently quoted in a USA Today story about Alaska Sen. Lisa Murkowski hoping for a successful statewide write-in campaign. The story states: “Edward Foley, who directs an election law institute at Ohio State University, said it’s too soon to know whether that battle could lead to a smaller version of the Florida ballot-counting controversy of 2000.”



Shackles taken off corporate political donations in Ohio

September 16, 2010

Professor Edward Foley was quoted in a Columbus Dispatch story about changes in campaign finances laws. The story states: “Ned Foley, former state solicitor and current director of the election law center at Ohio State University's law school, also was skeptical. ‘Whether that is a 'game-changer' depends on whether Citizens United is itself a 'game-changer,’’ he said. ‘It is certainly possible that it is, at least in the specific sense that it now permits corporations and labor unions to do what they couldn't do before. On the other hand, whether as a practical matter it radically affects the dynamics of the campaign itself, that's more open to question.’”



The real loser in the Tea Party wins is election reform

September 16, 2010

Professor Edward Foley was quoted in a Slate magazine story about election reform. The story states: “The New York meltdown led Ohio State University law professor Ned Foley to ponder, nearly 10 years after the Florida meltdown and Bush v. Gore, whether it is possible for election administrators to be both nonpartisan and competent.”



New Ohio chief justice to be appointed by governor

April 4, 2010

Professor Edward Foley was quoted in an Associated Press story regarding the replacement of former Ohio Chief Justice Thomas Moyer. The story states: “Edward Foley, a professor at Ohio State University law school, said Moyer was able to set aside politics in his rulings, and he pointed to decisions coming out of the court during the 2008 presidential election season. ‘Looking at the totality of the work they did under the pressure of the 2008 election, the chief justice put fidelity to the law first and foremost even in the most political of cases,’ he said.”



Crossover voters to be challenged

March 28, 2010

Professor Edward Foley was quoted in a Columbus Dispatch story about a new requirement for Ohio voters who switch between the major political parties in an upcoming primary election. The story states: “Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University, said he likes the primary process in the state of Washington: All voters get the same ballot, and the top two vote-getters, regardless of party, advance to the fall election. Foley said it is reasonable to try to enforce Ohio's statute uniformly in all counties by challenging every crossover voter, and that if people don't like it, there can be a discussion about changing state law accordingly.”



Democrats see change on Ohio court

February 23, 2010

Professor Edward Foley was quoted in an Associated Press story about the changing Ohio Supreme Court. The story stated: “In an ideal world, the party makeup of the court shouldn't matter, said Edward Foley, a professor at the Ohio State University Moritz College of Law. ‘The idea would be, for any Supreme Court, that all the decisions would be unanimous and there would be the sense that the law with a capital ‘L’ would be dictating these outcomes,’ he said. ‘But the law doesn't work that way automatically. There seems to be more subjectivity and less objectivity in judicial decision-making, including on the U.S. Supreme Court, than there once was.’”



Kerry Calls For Constitutional Amendment To Reverse Supremes

February 2, 2010

Professor Edward Foley was mentioned in a Broadcasting & Cable story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Moritz College Law Professor Edward Foley argued that the decision left room to get at some corporations through the continuing ban on campaign ad spending by government and quasi-government entities. He argued that ban could be applied to defense contractors or Wall Street firms that had received TARP money. Schumer said the committee planned to consult with him as they worked on legislation.”



Montana AG testifies before Senate panel on campaign finance

February 2, 2010

Professor Edward Foley was mentioned in a Legal Newsline story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Also appearing before the panel is Allison Hayward of The George Mason University School of Law, Edward Foley of The Ohio State University School of Law, Steve Hoersting of the Center for Competitive Politics, Fred Wertheimer of Democracy 21 and Heather Gerken of The Yale Law School.”



The Supreme Court Ruling on Campaign Finance

January 26, 2010

Professor Edward Foley was featured in a Legal Talk Network podcast regarding the Supreme Court Ruling in Citizens United v. Federal Election Commission.



Disaster Capitalism Comes To Capitol Hill

January 26, 2010

Professor Edward Foley’s Newsweek comments were reiterated in an Opinion Editorial written by Joe Quinn. The editorial stated: “The biggest questions with this ruling is the scope of the term ‘corporation,’ says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other.”



Ruling could render Ohio's campaign-spending law toothless

January 22, 2010

Professor Edward Foley was quoted in a Columbus Dispatch story about a Supreme Court ruling that changes restrictions on the amount of money corporations, nonprofits, and unions can contribute to politicians. The story states: “As a practical matter, Ohio's law no longer is enforceable, said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. The state law ‘assumes a basic ban on corporate spending for campaign ads. That can't survive this decision,’ he said.”



Experts: Ruling makes Ohio law toothless

January 22, 2010

Professor Edward Foley was mentioned in an Associated Press story about the Supreme Court ruling that changed regulations of political donations made by corporations. The story says: “Edward Foley, director of an election law center at Ohio State University, says he expects state lawmakers will attempt to modify Ohio's law to bring it into compliance with the court's Thursday ruling.”



Should Foreign Corporations Spend Money on U.S. Political Candidates?

January 22, 2010

Professor Edward Foley was mentioned in a Newsweek posting asking whether foreign corporations should be allowed to spend money on U.S. political campaigns. The story states: “The biggest questions with this ruling is the scope of the term "corporation," says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other. Foley best explains the potential issues by talking about the electronic, video, and communication giant, Sony …”



Supreme Court Says Limitless, Independent Corporate Campaign Spending Is OK

January 21, 2010

Professor Edward Foley was quoted in a Newsweek story about the U.S. Supreme Court’s ruling that allows corporations, unions and nonprofits to contribute limitlessly to political campaigns. The story states: “For example, a wealthy corporation can’t approach a candidate and ask a candidate, ‘would you like a check, or would you like the corporation to purchase a television commercial supporting your position on foreign policy?’ says Edward Foley, law professor at Ohio State University College of Law and director of the election law program.”



Expect an 'onslaught' of Ohio political ads this fall, thanks to Supreme Court on corporations and free speech

January 21, 2010

Professor Edward Foley was quoted in a Cleveland Plain-Dealer story reacting to the Supreme Court’s ruling that relaxes laws regarding corporate donations to political campaigns. The story states: “‘If any industry said it wanted to affect an election like the governor's race, it could spend money on TV and buy ads saying 'vote for X and vote against Y,’’ said Edward ‘Ned’ Foley, an Ohio State University law professor and elections law expert. The only caveat will be that corporate or union ad campaigns cannot not coordinate with the candidates' own campaigns.”



Election bill aims at vote disputes

November 14, 2009

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio’s goal to reduce the number of provisional ballots used throughout the state in upcoming elections. The story states: “‘There's a widespread sense in Ohio that we don't want our system to tailspin into an ugly dispute after Election Day,’ said Edward "Ned" Foley, director of an election-law center at Ohio State University.”



Former foes joined to push for casinos

November 6, 2009

Professor Edward Foley was quoted in a Columbus Dispatch story about the aftermath of Ohio passing Issue 3, which will allow for casinos in four Ohio cities. The story stated: “Others have suggested language for a May 2010 statewide vote that would exempt Columbus from the casino deal because Franklin County voted against it. ‘As a general proposition, laws are not stuck in place once they're adopted,’ said Edward B. Foley, an Ohio State law professor and former state solicitor.”



Election Mistakes Lead to Changes in Vote Counting

October 30, 2009

Professor Edward Foley was quoted in a story from a Minnesota ABC news affiliate. The story found mistakes in the counting of absentee ballots during the eight-month recount in the race for U.S. Senate seat in the state. “In Minnesota, flaws were exposed; mistakes were made,” Foley said.



Lori Sturdevant: Thoughts the Senate ruling leaves behind

July 6, 2009

Professor Edward Foley was quoted in a Minneapolis Star-Tribune article regarding  the Coleman-Franken election outcome. The story states: ''The Minnesota judiciary looks great today," election law expert Edward Foley said from his scholarly perch at Ohio State University. Foley said all the judges who touched this thing -- the four on the Canvassing Board, three on the trial bench, and the five Supremes -- exhibited "judicial virtue." That's a willingness to do the right thing that went beyond their initial impulses or the bare requirement of the law.



Minn. court rules for Franken in Senate fight

July 1, 2009

Professor Edward Foley was quoted in an Associated Press article on the Minnesota Supreme Court’s ruling in favor of Al Franken as the winner of the state’s long running Senate race. The story states “…It's highly doubtful Coleman would be able to convince a federal court to overturn the Minnesota court's ruling, said Ohio State University election law expert Ned Foley. ‘This is essentially, as a practical matter, the end of the road,’ Foley said.”



Minnesota Supreme Court declares Franken winner of Senate race

July 1, 2009

 Professor Edward Foley was quoted in a Pioneer Press article on the Minnesota Supreme Court’s ruling in favor of Al Franken as the winner of the state’s long running Senate race. The story states “‘It's the most important (decision) since Bush v. Gore,’ said Edward Foley, director of the election law program at the Ohio State University's law school. ‘I think this decision today will be a precedent that will be looked at for years to come.’”



Supporters give Al Franken a victory rally long time in coming

July 1, 2009

Professor Edward Foley was quoted in a TwinCities.com article in response to a claim that Minnesota Sen. Franken stole the election. The story states:  "That's a claim Edward Foley, an election law professor at Ohio State University, disputed in an online posting. Foley wrote: 'This provocative accusation is highly irresponsible.' He said it hurts U.S. politics and the country's understanding of democracy and the international consideration of election standards."



Expert: Calling senate race ‘stolen’ robs the word ‘stolen’ of its meaning

July 1, 2009

Professor Edward Foley was quoted in an article on minnesotaindependent.com in response to editorials that accuse Al Franken of “stealing” the election. The story states: “ ‘This election was about far from ‘stolen’ as any extraordinarily close and intensely disputed election could be — and to use that term in this context is to rob it of appropriate meaning for those situations in which election officials abuse their power to throw an election for a preferred candidate, thereby robbing an opponent of a rightful victory.’ ”



Expert: Calling Senate race ‘stolen’ robs the word ‘stolen’ of its meaning

July 1, 2009

Professor Edward Foley was quoted in an article on minnesotaindependent.com in response to editorials that accuse Al Franken of “stealing” the election. The story states: “ ‘This election was about far from ‘stolen’ as any extraordinarily close and intensely disputed election could be — and to use that term in this context is to rob it of appropriate meaning for those situations in which election officials abuse their power to throw an election for a preferred candidate, thereby robbing an opponent of a rightful victory.’ ”



Q&A on the Franken-Coleman fight

June 30, 2009

Professor Ed Foley was quoted in a Q&A MPR article on why  Coleman has conceded the election for Minnesota's Senate against Franken. The story states: " 'Realistically, the federal options are only a few days' delay,' Ned Foley of Ohio State told MPR's Gary Eichten this afternoon. 'It's not going to delay it much further,' he said."



Unanimous Supreme Court decision legitimizes Franken win

June 30, 2009

Professor Ed Foley was quoted in a Minneapolis Star-Tribune article regarding Minnesota's absentee ballot requirements. The story states: "Elections law scholar Edward Foley of Ohio State University said Tuesday that the Coleman-Franken dispute showed that Minnesota's absentee ballot requirements are old-fashioned and unduly strict."



Your State Could Be Minnesota

June 22, 2009

Professor Edward B. Foley was quoted in a National Journal article about the problems caused by the way many states--particularly the state of Minnesota that is currently dealing with a Senate dispute--count absentee ballots. The story states: “Absentee ballots were "definitely the Achilles' heel of Minnesota," said Edward B. Foley, a professor at Ohio State University's Moritz College of Law, who predicts that errors in counting absentee ballots could become one of the next big problems plaguing the nation's election system. (A related trouble spot on the horizon, according to Foley, is the erratic counting of provisional ballots.)

 



Experts Say Coleman Can't Win in Minnesota Court Battle

June 10, 2009

Professor Edward Foley was quoted in a casavaria.com story about the ongoing Senate recount in Minnesota. The story states: “Edward Foley, an expert in election law at Ohio State University’s Moritz College of Law, said he would be ‘surprised’ if the court found in favor of Coleman and ordered the lower court to review the case or to open more ballots. Interestingly, Foley said Coleman’s case ‘always had a fighting chance’ and included some valid legal arguments, but that ‘having a valid legal theory is not enough to win a lawsuit.’”



All but over for Coleman, experts say

June 8, 2009

Professor Edward Foley was quoted in a Politico.com story about the ongoing Senate recount in Minnesota. The story states: “Edward B. Foley, an election law expert at the Moritz College of Law at Ohio State University, agreed: ‘Based on the questioning, I’d be surprised if Coleman got a remand back to the trial court.’”



Court to hear Senate recount case today

June 1, 2009

Professor Edward Foley was quoted in a Minneapolis Start Tribune story about the Minnesota Supreme Court hearing arguments in the recount of a the Minnesota race for U.S. Senate. The story states: “"I think the justices will at least consider whether or not the public interest and timing is a relevant factor" before examining Coleman's claims, said Edward Foley, an election law expert at Ohio State University.”



The Coleman-Franken Court Arguments

June 1, 2009

Professor Edward Foley was quoted in a New York Times story about the arguments regarding the Franken-Coleman recount before the Minnesota Supreme Court. The story states: “‘I think the Minnesota Supreme Court is, as a practical matter, the final judicial word’ in the case, said Edward B. Foley, an election law expert at the Moritz College of Law at Ohio State University.”



Coleman appeal heads to state's highest court

May 29, 2009

Professor Edward Foley was went quoted during a Minnesota Public Radio news cast about the Coleman-Franken recount heading to the Minnesota Supreme Court. The story states: “Edward Foley, an election law expert at Ohio State University, says it'll be interesting to see how the state Supreme Court deals with that issue. ‘It has the right to essentially say the trial court got it wrong on the law,’ Foley says. ‘And if it wants to adopt the alternative position, now I'm not saying they're going to do that, or they're even likely to do that. But if they did, that would be a game-changer because it would mean that premise of the rest of the trial is undercut.’”



The Coleman-Franken case: What will Gov. Pawlenty do?

April 14, 2009

Professor Edward Foley was mentioned in a MinnPost.com story about the ongoing Coleman-Franken recount. The story stated: “Professor Ned Foley said this was very unlikely to work, unless a judge just wanted a day or two to think about whether there was reason for such a stay.”



Last Senate race count today, and then ...

April 7, 2009

Professor Edward Foley was quoted in a Pioneer Press story about the ongoing recount in Minnesota Senate election. The story states: “That final counting of votes is of ceremonial and perhaps political importance, said Edward Foley, an election law professor at Ohio State University's Moritz College of Law. More legally significant will be what's to come — the judges' final ruling.”



Recount trial nears the end

April 6, 2009

Professor Edward Foley was featured on Minnesota Public Radio regarding the near end of the Minnesota Senate recount.



Expert: Franken’s future now depends on how judges handle equal-protection claims

April 1, 2009

Professor Edward Foley’s blog post regarding the ongoing recount in Minnesota was highlighted by the Minnesota Independent. The story states: “Foley, an Ohio State law professor who studies disputed American elections and has tracked Minnesota’s Senate election saga closely, told the Minnesota Independent weeks ago that the state’s Supreme Court would likely decide the case — and that the three judges’ continued unanimity was critical.”



Judges To Decide Minnesota Senate Election

March 17, 2009

Professor Edward Foley was as guest on NPR to discuss the Minnesota Senate election recount. The recount has continued for more than four months now.



Recount drama moves into judges' chambers

March 15, 2009

Professor Edward Foley was quoted in a Minnesota Star Tribune story about the ongoing Coleman-Franken recount in Minnesota. The story stated: “The kind of evidence that the judges accept will be key in deciding how many of Coleman's 1,360 and Franken's 252 rejected absentee ballots they decide to count, said election law expert Edward Foley of Ohio State University.”



Will we have a second election?

March 7, 2009

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about the ongoing Coleman-Franken recount. The story states: “‘I think the court would like to find a way to identify a winner given all the evidence in the courtroom, as opposed to in essence throwing up its hands,’ said Edward Foley, an Ohio State University professor specializing in national election law who has followed the trial closely.”



Franken to make his case in Senate contest

March 3, 2009

Professor Edward Foley was featured on Minnesota Public Radio regarding the Franken-Coleman ongoing recount in Minnesota.



Coleman-Franken feud could end in Supreme Court, experts say

February 26, 2009

Professor Edward Foley was quoted in The Minnesota Independent about the Coleman-Franken recount in Minnesota. The story says: “‘The sad truth is, most [close elections] have been handled without that sense of desirable closure,’ Foley says.”



Witnesses' voter status is debated

February 25, 2009

Professor Edward Foley was quoted in a St. Paul Pioneer Press story updating the Franken-Coleman recount in Minnesota. The story stated: “In other words, said Ohio State University election law professor Edward Foley, ‘equal protection is still alive.’”



Coleman lawyers underscore argument about absentee ballot unfairness

February 18, 2009

Professor Edward Foley was quoted in a Pioneer Press story about the Coleman-Franken recount in Minnesota. The story states: “‘It is certainly an issue. I use the phrase a conundrum. ... It might end up being a problem,’ said Edward Foley, an election law professor at Ohio State University who has been closely following the Minnesota Senate race aftermath.”



Minnesota senate trial resumes Monday

February 16, 2009

Professor Edward Foley was quoted in a South St. Paul Examiner story about the ongoing recount in Minnesota. The story states: “‘If it is going to apply to state elections the Coleman-Franken contest is the biggest Bush v. Gore case since the Bush v. Gore case itself, undoubtedly’ -- Ned Foley, professor of election law, Ohio State University.”



Reactions to the big Recountland rulings

February 4, 2009

Professor Edward Foley was quoted in a Minneapolis Post story column. The column stated: “Prof. Ned Foley Ohio State, another top election law scholar, also focused some of his reaction on the Bush v. Gore question, but he wondered what impact the Three Judges treatment will have on the possibility of future action in federal court, or if the case goes through the Minnesota Supreme Court to the U.S. Supreme Court.”



Coleman Turns to Bush v. Gore in Senate Trial

February 1, 2009

Professor Ned Foley was quoted in an Associated Press story about “But Ned Foley, a professor of election law at Ohio State University, said that question has yet to truly be tested. Since the Bush v. Gore ruling, the Supreme Court has not cited the case again in any subsequent rulings -- splitting legal scholars on whether it applies to state election disputes. If it is going to apply to state elections, Foley said, then ‘the Coleman-Franken contest is the biggest Bush v. Gore case since the Bush v. Gore case itself, undoubtedly.’”



Q&A on Minn. Senate recount trial

January 25, 2009

Professor Edward Foley was quoted in an Associated Press story regarding the Minnesota recount that was printed in several newspapers. The story states: “Most neutral experts believe he has ‘an uphill battle,’ to quote Ned Foley.”



Edward Foley: The three-judge recount panel is off to a good start

January 23, 2009

Professor Edward Foley was quoted in a MinnPost story about the three judge panel now reviewing the Minnesota recount. The story states: “Not just political junkies, but also election law experts around the country are paying close attention to Minnesota Recountland. Edward B. Foley of the Ohio State Law School (contributor of a recent MinnPost guest piece) gave the three-judge panel a thumbs up on his own blog.”



Al Franken’s courtroom setback

January 23, 2009

Professor Edward Foley was quoted in a story in The Week about the Minnesota recount. The story states: “As it should, said Edward B. Foley in Ohio State University’s Election Law @ Moritz blog. Franken’s main argument was that the court should butt out because the Senate has ultimate authority to decide which candidate won. But that argument never had a chance, and the ‘ruling shows that the contest is proceeding in an orderly, legally appropriate way.’”



Opinion: Electoral Reforms Must Include New Endgame

January 15, 2009

Professor Edward Foley published an Opinion Editorial in Roll Call regarding the procedures the United States uses to elect and confirm its president. He states: “Last Thursday, Congress confirmed Barack Obama’s election as president. Thankfully, there was no controversy, as there was the previous two times Congress officially declared a winner. But the procedures for reviewing the Electoral College votes from the states remain deficient — a point that should not be lost in all the current commotion over seating Senators.” (Subscription required)



Franken Camp Makes Another Run at Election Certificate

January 14, 2009

Professor Edward Foley was quoted in a CQPolitics.com story about the Minnesota recount. The story states: “Election law expert Ned Foley, a professor at Ohio State University’s Moritz College of Law, said another legal issue could thwart Franken’s case. ‘My main thought ... is that the Minnesota Supreme Court will remember what it has said on two previous occasions so far, which is that the issues of allegedly double-counted ballots and wrongly rejected absentee ballots [that Coleman has alleged in his challenge] need to be considered in a contest; and in that sense the recount was ‘incomplete.’ ’ ”



Endless Vote Recounting Tests Minnesota Niceness

January 7, 2009

Professor Edward Foley was quoted in a New York Times story regarding the U.S. Senate recount in Minnesota. The story states: “The resulting mix of political transparency, Internet technology and earnest civic mindedness made for a much different recount story than the dramas in Florida in 2000 in the presidential election or Washington State in 2004 in the governor’s race, said Edward B. Foley, a professor of law at Ohio State University who has been following Minnesota’s tribulations for a book he is writing on contested elections. ‘There’s been a healthy public engagement,’ Professor Foley said. ‘It’s partly technology, but the primary force is a cultural one. There’s a richness to the Minnesota public discourse.’”



What About Minnesota?

January 7, 2009

Professor Edward Foley wrote a short opinion editorial for the Washington Post regarding Minnesota’s U.S. Senate recount. “Will Minnesota be as successful this time? Can Coleman and Franken agree on three judges if they, too, are given the opportunity? It would serve the nation, not just their state, well if they could -- as it would heed Barack Obama's call for finding common ground in the midst of political competition.”



Smooth vote doesn't quiet critics

January 5, 2009

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio Secretary of State Jennifer Brunner. The story states: “‘I don't think either side was completely pure,’ said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. ‘There has to be genuine commitment on both sides to strive to be bipartisan.’



Minn. Recount Nears End; Up Next: Lawsuits

January 3, 2009

Professor Edward Foley was quoted in an Associated Press story about the Minnesota recount. The story states: “‘I'd say it's close to inevitable’ that the losing candidate will sue, said Edward Foley, an election law expert at Ohio State University who has closely monitored the Minnesota recount.”



Few real mysteries found in Minn. Senate ballots

December 29, 2008

Professor Edward Foley was quoted in a Associated Press story regarding the recount in the U.S. Senate race in Minnesota. The story states: “Ohio State University election law expert Edward Foley, who is closely tracking Minnesota's recount, said the board's early rulings could set patterns for the rest of the review. Foley said the campaigns won't want to lose the goodwill of board members by forcing them to rule on the same question repeatedly.”



U.S. Senate election daze

December 23, 2008

Professor Edward Foley was featured on Minnesota Public Radio regarding the recount continuing in Minnesota.



Bush v. Gore Set to Outlast Its Beneficiary

December 22, 2008

Professor Edward Foley was quoted in a New York Times story regarding the legacy of Bush v. Gore. The story states: “‘Bush v. Gore has a future,’ said Edward B. Foley, an election-law specialist at Ohio State. ‘We’re now starting to see it. There is a sense, eight years later, that some of the initial reaction was an overreaction.’”



Board to begin wading through challenged ballots

December 16, 2008

Professor Edward Foley was quoted in a Minnesota Public Radio story about the ongoing recount in the U.S. Senate race in Minnesota. The story states: “‘If there's a significant number of ballots that they disagree on, that sets the situation up for more litigation and a court fight in a very different posture,’ Foley said. ‘On the other hand, the more likely that this board is unanimous for the more difficult ballots that come before them, the harder it would be for the court to overturn that.’”



Only fraction of Senate challenges will vex board

December 15, 2008

Professor Edward Foley was quoted in an Associated Press story about the contested race in Minnesota. The story states: "‘Once a pattern is set, a large number of those challenges will fall into that pattern,’ Foley said. He added, ‘Both sides are doing a dance: `If we take those off the table, will you take those off?’’”



A nasty bug emerges in the state election system

December 15, 2008

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about absentee ballots in Minnesota. The story states: “‘For years, people know some part of the [elections] system isn't working, but it flies under the radar screen because it doesn't cause problems until you have a situation like Florida in 2000 or Minnesota now,’ said Edward Foley, an election law expert at Ohio State University's law school. ‘Suddenly, it becomes a huge problem. Rejected absentee ballots are the new hanging chad.’”



Editorial: Recount reveals an election weak spot

December 15, 2008

Professor Foley was mentioned in a Minneapolis Star-Tribune editorial about the ongoing U.S. Senate recount. The editorial states: “The Senate recount may be trying Minnesotans' patience. But by revealing weaknesses in the state's election laws and procedures, it is also producing something of lasting value, noted Ohio State University election law professor Edward Foley when he visited the Humphrey Institute last week. It is -- provided this state's election stewards pay heed, and act to make the weak spots stronger.”



Does rule of law trump right to vote?

December 12, 2008

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about absentee ballots in the Minnesota recount. The story says: “It's a good point, said Edward Foley, an Ohio State University professor who runs the law school's election law program. He asked whether it makes sense for the board to certify a winner knowing that not all validly cast votes were counted.”



The long view from an elections summit

December 4, 2008

Professor Edward Foley was quoted in a Akron Beacon Journal story about election law issues discussed at a recent summit. The story states: “Provisional ballots are a real problem, not an illusion. A legal fight over about 1,000 of them in Franklin County is crucial to the outcome of a recount in a very close U.S. House race. It could have been a lot worse. As part of a panel discussion on voter identification and provisional balloting, Ned Foley, director of the election law center at the Moritz College of Law at Ohio State, outlined the dimensions of the problem.”



Rejected absentee votes may decide it

November 23, 2008

Professor Edward Foley was quoted in a Minneapolis Star Tribune story about an ongoing recount in the state. The story states: “‘Ultimately, if the number of rejected ballots start to make a large enough stack, it can cast some cloud over the regularly recounted ballots,’ said Edward Foley, who directs the election law center at Ohio State University's Mortiz Law College. Foley said the race has already taken enough twists and turns to merit its own chapter in his upcoming book on the history of disputed elections.”



Remember and apply the lesson of the '62 recount

November 18, 2008

Professor Edward Foley published an Opinion Editorial in the Minneapolis Star-Tribune about previous recounts in Minnesota. “Minnesota has the opportunity to remain a model to the nation on election recounts. But the state risks squandering that opportunity unless it prepares to repeat the fair procedure it used previously.”



Seeking Closure the Hard Way in Undecided Senate and House Races

November 18, 2008

Professor Edward Foley was quoted in a New York Times story about the Minnesota recount. “Democracy doesn’t work completely unless the procedure resolving disputes in elections works for both sides,” said Edward Foley, a professor at Ohio State’s Moritz College of Law specializing in election law. “I think as a country we’re somewhat unsettled about how to handle these closely disputed elections.”



Record provisional voting reported in swing state Ohio

November 16, 2008

Professor Edward Foley was quoted in an Associated Press story about the number of provisional ballots cast in Ohio during the general election. The story states: “Other battleground states have much lower rates of provisional ballots, said Edward Foley, director of Ohio State University's election law center. ‘If it can't be shown they're worse off than we are with a low rate of provisional voting, what are we gaining by having these high rates?’ Foley said.”



Why (Else) to Watch the Minnesota Senate Squeaker

November 14, 2008

Professor Edward Foley was quoted in a story on ProPublica.org about the race in Minnesota to the U.S. Senate. The story states: “As a matter of principle, the presiding official's party affiliation can't be ignored, said Edward Foley, director of election law at Moritz College of Law. ‘[Ritchie] may be a good-government type and well-meaning, but by definition he is a member of one of the two teams with an interest.’”



The Voting Problems Aren't Over

November 11, 2008

Professor Edward Foley was quoted in an AmLaw Daily story about 2008 voting problems. The story states: “‘Provisional ballots exist to protect voters from disenfranchisement,’ explains Edward Foley, a national elections law expert at Ohio State University. ‘The problem is when they’re overly relied on.’”



Election Reform Can't Wait

November 10, 2008

Professor Edward Foley was quoted in a National Journal column about possible election reforms. The story states: “As Foley put it, ‘We don't have the immediate crisis now, and that's an opportunity to structure a process that can lead to long-term reform.’”



Election disputes offer new niche for lawyers

November 10, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story about lawyers participating in election disputes. The story states: “‘The complexity was designed to avoid litigation, but the lawyers figured out how to fight over the complexity,’ said Edward ‘Ned’ Foley, director of the election-law program at Ohio State University's Moritz College of Law.”



Brunner calls summit on vote

November 8, 2008

Professor Edward Foley was mentioned in a Columbus Dispatch story about Ohio Secretary of State Jennifer Brunner calling a summit to discuss election administration issues. The story states: “Some elections officials are calling for more sites. Edward ‘Ned’ Foley, director of an election-law center at Ohio State University, also suggested that Congress set a minimum standard nationwide for early voting at multiple locations.”



Voters' word may not be last in Minn. Senate race

November 7, 2008

Professor Edward Foley was quoted in an Associated Press story about a possible recount in a Minnesota Senate race. The story states: “‘I'm not saying either side has to concede or give up,’ Foley said. ‘But what bipartisanship going forward with the recount would mean is that there is a shared understanding of the ground rules in conducting the recount and abiding by that process.’”



At the Polls: Lines and Lawsuits

November 4, 2008

Professor Edward Foley was quoted in a New York Times story about election administration problems around the country. The story stated: “‘They are specifically relying on Bush v. Gore and 14th Amendment and claiming that Secretary Brunner’s rules in handling provisional and absentee ballots are not uniform throughout the state of Ohio,’ said Mr. Foley. ‘This new filing appears to be an effort by the Republicans to have the process for verifying provisional ballots be handled in their own lawsuit rather than another lawsuit filed by a advocacy group for the homeless.’”



Ohio GOP Presents More Complaints About Election Official

November 4, 2008

Professor Edward Foley was quoted in a Wall Street Journal story about Ohio Republicans filing complaints against Ohio Secretary of State Jennifer Brunner. The story states: “Edward B. Foley, director of the election-law program at the Ohio State University, said the Republicans’ suit was likely a ‘placeholder’ in case the voting results in Ohio are close.”



Provisional ballots piling up in Ohio

November 4, 2008

Professor Edward Foley was quoted on a CNN.com story about provisional ballots being issued in Ohio. The story states: “‘Ohio's provisional voting laws are unbelievably complicated,’ he added. ‘There are 14 separate reasons why a voter should vote on a provisional ballot. I'm a law professor and I can't keep them in my head. We can't expect poll workers to implement these rules flawlessly.’”



Two election law 'rock stars' talk about election reform and a possible 'Bush v. Gore II'

November 4, 2008

Professor Foley was quoted in a National Law Journal story about election reform. “It feels a little bit like being a tax attorney around April 15. It has been crazy, but on the other hand, our infrastructure here is considerably stronger than it was in 2004 when we created the Election@Moritz team.”



Voting Procedures on Open Line

November 4, 2008

Professor Edward Foley and Dan Tokaji were featured guests on WOSU’s Open Line with Fred Andrle. Both professors discussed voting procedures and possible problems.



Officials confident Ohio voters won't see goofs like in '04

November 3, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story about possible problems on Election Day. The story stated: "‘The litigators are a little trigger-happy,’ said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. ‘The mentality is to sue first and ask questions later.’”



Could voting meltdown history repeat itself?

November 3, 2008

Professor Edward Foley was quoted in an Associated Press story that was published in dozens of newspapers across the country. The story states: “‘Suppose Tuesday comes and goes and there's allegations that tens of thousands of people went to vote and were unable to cast a ballot and went home,’ said Edward B. Foley, a law professor at Ohio State University who specializes in voting litigation. ‘There's the claim of disenfranchisement but no way to prove it. That would be extraordinarily undesirable.’”



Line Up, but Will You Be Counted?

November 3, 2008

Professor Edward Foley was quoted in an ABCNews.com story about voting issues on Election Day. The story states: “‘We've learned that there are laws written in the books, and then there is how the law gets applied in action on the ground,’ he said. ‘It's not always as pristine as in the code.’”



North Carolina Extends Early Voting Hours; What Will Happen Nationwide?

November 2, 2008

Professor Edward Foley was quoted in a Huffington Post column about North Carolina’s decision to extend voting hours. The story stated: “Edward Foley, a law professor and the director of Election Law @ Moritz, called North Carolina's decision a ‘good move’ because ‘the order was statewide and in fairness to everybody.’ He also pointed out that the decision was made administratively, rather than in response to a court order.”



Provisional ballots are piling up, but many may never be counted

October 31, 2008

Professor Edward Foley was quoted in a Rocky Mountain News story about provisional ballots. The story states: “‘In close races they can make a difference - then they are worth fighting over,’ said Edward Foley, an election law professor at Ohio State University.”



Vote watchdogs warn of troubles on election day

October 30, 2008

Professor Edward Foley was quoted in a Los Angeles Times story about possible Election Day meltdowns. The story states: “‘The good news story is that it's very unlikely in any given year that you're going to have such a close outcome,’ said Edward B. Foley, an Ohio State University law professor.”



Rising Tide of Suits Filed in Search of Political Edge

October 30, 2008

Professor Edward Foley was quoted in a Wall Street Journal story about an increase in the number of lawsuits filed pertaining to the Nov. 4 election. The story stated: “‘And we still have almost a week to go’ before Election Day, said Ohio State University law professor Edward Foley, who tracks election litigation. By his count, 34 major lawsuits are pending involving the presidential race between Sens. Barack Obama and John McCain.”



In Tight Race, Victor May Be Ohio Lawyers

October 30, 2008

Professor Edward Foley was quoted in a New York Times story about how the use of provisional ballots could affect Ohio’s election results. The story states: “‘Provisional ballots are really the Achilles’ heel of our electoral process, because in a close race that is the pressure point lawyers use to try to undo the results,’ said Edward B. Foley, a law professor at Ohio State University who is one of the nation’s foremost experts on voting litigation. ‘The larger the number of provisional ballots cast in a state, the more vulnerable the Achilles’ heel, and Ohio has for a couple of elections used more of these ballots than most any other state.’”



Can the System Handle Huge Voter Turnout?

October 30, 2008

Professor Edward Foley was quoted in a ABC News story about whether election systems can handle the expected large turnout at the Nov. 4 election. The story stated: “‘A key question," says Edward B. Foley, of Moritz College of Law at Ohio State University, ‘is whether the infrastructure can handle the volume that we will see.’”



Election officials preparing for problems

October 30, 2008

Professor Edward Foley was featured on a Minnesota Public Radio show about how election officials are preparing for potential problems during the Nov. 4 election.



Colorado Agrees to Restore Voters to Rolls

October 30, 2008

Professor Edward Foley was mentioned in a New York Times story about Colorado voters being removed from the state’s voter rolls. The story states: “Edward B. Foley, a law professor at Ohio State University and an authority on voting litigation nationwide, said the settlement was noteworthy because many states had put the onus on voters to prove that their provisional ballots were legitimate before they could be counted.”



How to Steal the Election in a Few Simple Steps: Kevin Hassett

October 27, 2008

Professor Edward Foley was quoted in a Bloomberg News column about growing criticisms over the Association of Community Organizations for Reform Now. The story states: “Edward Foley, a professor at Ohio State University and a leading election law expert, summed it up well when he told me, ‘I am not a big fan of at-home voting, given the risk of what can go wrong.’”



Ohio GOP suit becomes sticky issue

October 27, 2008

Professor Edward Foley was quoted in an AP column about an Ohio election lawsuit withdrawn by the Republican Party that filed it. The story states: “‘Normally, as part of a settlement you agree to withdraw the case at the same time you announce a settlement,’ said Ned Foley, a law professor at Ohio State University.”



Threat of Election Fraud Days Before Election

October 27, 2008

Professor Edward Foley was quoted on CNN’s Lou Dobbs Tonight in a story about possible voter registration problems in Ohio and other states. Prof. Foley commented on how third-party registration groups normally collect voter registrations.



Is Ohio doomed to ballot battles?

October 26, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story about possible problems in Ohio during the Nov. 4 general election. The story states: “Edward ‘Ned’ Foley, director of Election Law @ Moritz, argues that Ohio should consider making its chief elections officer nonpartisan or create a bipartisan election board -- and, short of that, find some agreement between the parties for more amicable resolution of disputes. ‘There needs to be unilateral disarmament or bilateral disarmament,’ Foley said.



Ohio's tangled election rules remain ripe for lawsuits

October 24, 2008

Professor Edward Foley was quoted in a Toronto Star story about Ohio’s election laws and how they are particularly susceptible to lawsuits. The story states: “‘Last-minute litigation always has the potential for unintended consequences and destabilizing effects on the system,’ said Edward Foley, director of Ohio State University's election law centre. ‘Poll workers are particularly vulnerable to changes in rules. They're not full-time workers,’ he said.”



Voting Snafus Rare but Worrisome

October 24, 2008

Professor Foley was quoted in a Wall Street Journal story about possible election problems in the November general election. It also mentioned the mock trial that he conducted involving McCain v. Obama. The story states: “To reach the Supreme Court this year, the outcome would have to be in the balance, so ‘it has to be one state, and it has to be so close’ that the shift of a few thousand votes could alter the outcome nationally, said Ohio State University law professor Edward Foley.”



New Voting Systems Could Cause Problems in Swing States

October 22, 2008

Swing states are on high alert, but elsewhere elections also breed high anxiety because voters have no tolerance for errors on Election Day. Edward Foley, an election law professor at Ohio State University, says that expectation puts the system under "almost impossible anxiety."



Election night may be a mess in Ohio

October 21, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story about possible election administration problems in Ohio on the Nov. 4 general election day. The story states: "‘That risk seems increasingly larger as the days progress,’ said Edward "Ned" Foley, director of Election Law @ Moritz at Ohio State University.”



Election Day Scenario Plays Out In Mock Court

October 21, 2008

Professor Edward Foley was quoted in a NPR story regarding a mock court trial he devised involving McCain v. Obama. The hypothetical was presented at Georgetown University before a panel of distinguished legal experts. The story aired on NPR’s Morning Edition.



New law school hypothetical: McCain v. Obama

October 21, 2008

Professor Edward Foley was quoted in a National Law Journal story about the hypothetical case, McCain v. Obama. The story states: “‘There is this underlying question out there now of how is our judiciary doing handling these high-stakes election cases,’” said Foley. “‘We have a real case ongoing in Ohio over registrations where the 6th Circuit split. We had an 11th Circuit split earlier. This hypothetical is an experiment to see whether there is a different way to do this.’”



New suit over voter registrations goes to top Ohio court

October 19, 2008

Professor Edward Foley was mentioned in a Dayton Daily News story about a new lawsuit filed in Ohio against Ohio Secretary of State Jennifer Brunner. The story states: “Edward ‘Ned’ Foley, an election law expert at Ohio State University's Mortiz College of Law, said the Ohio Supreme Court first must determine if Myhal has legal standing to challenge Brunner before ruling on whether Brunner was following the law.”



Court Ruling Stokes Voter-Fraud Fight

October 18, 2008

Professor Edward Foley was quoted in a Wall Street Journal story about a Supreme Court decision about Ohio voter registration. The story states: "‘It is more important that the Supreme Court was unanimous than which particular way they decided,’ said Edward Foley, an election-law specialist at the Ohio State University. ‘When it's that kind of case, the ability of the federal judiciary to yield a unanimous national, nonpartisan answer is important.’”



Justices Rule Against Ohio G.O.P. in Voting Case

October 17, 2008

Professor Edward Foley was quoted in a New York Times story about the Supreme Court’s decision to not require the Ohio Secretary of State to provide documentation that would allow local clerks to more easily spot mismatched voter information. The story states: “Edward B. Foley, a law professor at Ohio State, said the Supreme Court’s action in letting state authorities handle matters in the face of a late challenge was consistent with a general premise of election law. ‘Federal court intervention is a last resort, even if it’s not at the last minute,’ Professor Foley said.”



Ohio Democrats Win at Top U.S. Court in Voting Fight

October 17, 2008

Professor Edward Foley was quoted in a Bloomberg story about the Supreme Court’s decision to not require the Ohio Secretary of State to provide documentation that would allow local clerks to more easily spot mismatched voter information. The story states: “‘It's very good for the election process that it was unanimous,’ said Edward Foley, director of the election law program at Ohio State University's Moritz College of Law in Columbus. ‘It's more important that it was unanimous than whichever way it went.’”



Supreme Court Is United in Siding With Ohio Election Official

October 17, 2008

Professor Edward Foley was quoted in a Wall Street Journal story about the U.S. Supreme Court’s decision in the Ohio voter registration case. The story stated: "‘The Sixth Circuit unfortunately has had a history of airing disagreements in public,’ says Edward Foley, an election law specialist at the Ohio State University. ‘It's not just that they divide, but the nature of that division correlates so strongly with party affiliation.’”



High Court Rejects GOP Bid In Ohio Voting Dispute

October 17, 2008

Professor Edward Foley was quoted on a Columbus WBNS-10TV story about the Supreme Court’s decision in Ohio’s voter registration case. Foley said: “The real message from the Supreme Court is that the United States Department of Justice is the entity responsible for enforcing this database requirement.”



Vote Fracas: Mock Trial to Test Possibility of Election Court

October 6, 2008

Professor Edward Foley was quoted in a Legal Times story about an upcoming mock election court, which Foley created. The story states: “Election law expert Edward Foley of Ohio State University’s Moritz College of Law is behind it, and acknowledges an ulterior motive: testing the possibility of creating a special ‘election court’ to offer nonpartisan advice ‘if we have a real meltdown scenario.’” (Subscription required).



GOP Prepares To Scale Back Aggressive Anti-Voter Fraud Campaigns

June 26, 2008

Professor Edward Foley was mentioned in a theAtlantic.com story about the Republican Party’s decision to scale back their voter fraud claims in the upcoming general election. The story states: “(McCain's campaign counsel, Trevor) Potter, according to the attendee, endorsed election law expert Ned Foley's suggestion that bipartisan vehicles be used for conflict.”



Ohio's secretary of state has a partisan streak that has become too visible – editorial

June 22, 2008

Professor Edward Foley was quoted in a Cleveland Plain Dealer editorial regarding Ohio Secretary of State Jennifer Brunner. The editorial states: “Earlier this year, when concerns were first being noted about Brunner's partisanship, Ohio State University law school Professor Edward Foley warned, ‘Election management is an area where appearance is reality. It's not good enough just to be fair. You've got to be perceived as fair.’”



Voter-Identification Law Upheld by U.S. Supreme Court

April 29, 2008

Professor Edward Foley was quoted in a Bloomberg News story regarding a Supreme Court decision regarding the requirements of voters to present photo identification. The story states: “‘The good news is that the justices are searching for ways to depoliticize election law cases,’ said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. ‘The less-encouraging sign, as evidenced by the 3-3-2-1 split, is that they aren't quite there yet.’"

Foley was also quoted in a New York Times story, which can be found at this link.



Let's Not Repeat 2000

April 21, 2008

Professor Edward B. Foley published an opinion editorial in the Legal Times regarding “the appearance that judges let partisanship influence their ruling in election cases.” Foley states: “Let’s hope we don’t have another debacle like the one in 2000. But let’s also do what’s still feasible to facilitate a fair outcome if a serious problem does arise. We can avoid the mistrust of another Bush v. Gore — but chances are we only will if we create an Amicus Court to point the way.”



Pa. Officials Pin Hopes on Provisional Ballots

April 16, 2008

Professor Edward Foley was interviewed in a story on NPR’s Morning Edition about provisional ballots in the upcoming Pennsylvania primary election. The story states: “Ned Foley, a professor at the Moritz College of Law at Ohio State University, sees other difficulties. He says state laws require that provisional voters be registered for their votes to count, but he adds: ‘That is usually all the state law says. And it turns out that that question is much trickier in practice. Sometimes registration forms get lost in transit from the motor vehicle bureau to the election officials. Is that voter registered or not registered?’”



Newspaper review: counties treat crossover voters differently

March 28, 2008

Professor Edward Foley was quoted in the Akron Beacon Journal about the number of crossover votes in the recent presidential primary election in Ohio. The story discussed looking at the century-old law that details who can vote in primary elections. The story stated: "Edward Foley, director of the election law program at Ohio State University, said having a law without enforcing it doesn't make sense. 'I think the lesson to be learned is that in Ohio, we need to figure out which model we want and then adopt a model we feel we can enforce,' he said."



Ohio counties vary in challenging crossover voters

March 28, 2008

Professor Edward Foley was quoted in The Columbus Dispatch regarding the number of crossover votes in the recent presidential primary in Ohio. "I think the lesson to be learned is that in Ohio, we need to figure out which model we want and then adopt a model we feel we can enforce," said Edward B. "Ned" Foley, director of an elections-law program at Ohio State University.



Ohio's voter-crossover laws unevenly enforced

March 9, 2008

Professor Edward Foley was quoted in the Dayton Daily News regarding the number of Republicans who changed parties during the recent Ohio presidential primary in order to vote for the Democratic candidate they felt would fair worse against the Republican nominee. Foley explained that such crossover voters were supposed to be questioned by poll workers, but the story found that few were. “Edward B. Foley, director of the election law project at Ohio State University, said it's time for Ohio's legislators to take a closer look at the state's primary election rules after decades of looking the other way. ‘If we like the current law, let's enforce it,’ he said. ‘If we don't, let's change it.’”

Foley was quoted in a similar story in the Cleveland Plain Dealer.



Election largely seen as success

March 6, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio’s presidential primary election. The story states: “Edward B. ‘Ned’ Foley, director of an elections-law program at Ohio State University, said his biggest concern was the last-minute court action to keep some polls open. That could be used as a ‘mischievous tactic’ in future elections to secure additional votes, he said. ‘It wasn't a perfect election, I think that's for sure, and hopefully we can learn to do better for November,’ he said.”



Turnout, Technology and Nature Marred Balloting in Ohio

March 6, 2008

Professor Edward Foley was quoted in a New York Times story about Ohio’s presidential primary election. The story states: “But Edward B. Foley, director of the election law project at Ohio State University, said those crossover voters might not have been handled in accordance with state law. Poll workers, he said, are supposed to challenge any voter whose eligibility they doubt based on voting history and whether the voter was affiliated with a different party for at least two years. The law also requires voters in question to sign a statement verifying their desire “to be affiliated with” and to support “the principles of the political party whose primary ballot the person desires to vote,” he said. “In Franklin County, my impression is that there was no enforcement of this requirement,” said Professor Foley, adding that he had heard reports from several other counties where the law apparently was not enforced.



Are we ready for Ohio's primary?

March 2, 2008

Professor Edward Foley was quoted in a Cleveland Plain Dealer story regarding possible election-related problems in the upcoming presidential primary election in Ohio. "Ohio already suffers a reputation that it can't handle the voting process very well," said Edward Foley, an election-law professor at Ohio State University. "It wouldn't take too many difficulties for that reputation to continue."



Ohio primary: State of confusion

March 2, 2008

Professor Edward Foley was quoted in a Columbus Dispatch story regarding they upcoming primary election in Ohio. The story states: “Edward B. "Ned" Foley, director of an elections-law program at Ohio State University, said late returns wouldn't necessarily be a problem because he thinks it's more important to ensure that vote totals are accurate than to get them fast. But he said any major problems that delay the results or otherwise mar Tuesday's vote would add to a lingering nationwide distrust of Ohio elections because of controversy over the 2004 presidential election. ‘I'm afraid that when the dust settles, that people will look back on March 4 not with a vindication of Ohio but an ongoing and continuing distrust of Ohio,’ he said.”



Republicans removed from election boards cry foul about Secretary of State

February 29, 2008

Professor Edward Foley was quoted in a Cleveland Plain Dealer story regarding Ohio Secretary of State Jennifer Brunner removing Republican members of election boards. "Election management is an area where appearance is reality," said Edward Foley, professor at Ohio State University's Moritz College of Law. "It's not good enough just to be fair. You've got to be perceived as fair."



To some, McCain's financial tangle ironic

February 29, 2008

Professor Edward Foley was quoted in a Boston Globe story about how some feel that John McCain’s woes with the Federal Election Commission are ironic because of the campaign finance reform laws McCain helped champion. "You don't want a sense that the choice of president is hamstrung by . . . rules that somehow stack the deck in favor of one candidate against another," said Ned Foley, a professor of election law at Ohio State University.



Provisional ballots may be the hanging chad of ’08

February 28, 2008

Professor Edward Foley co-authored an opinion editorial that was published in The Hill. Foley, alogn with co-author Tova Andrea Wang, highlight the possible importance provision ballots may play in the upcoming election. The op-ed says: “Provisional ballots were mandated by federal law in order to ensure that no voter would be turned away without voting when he showed up at the polls. Beyond that, the law said little about whether those voters should have their ballots count. As November approaches, it is up to the states and the parties to act immediately to ensure that a close election does not once again end up in chaos and litigation.”



Voting machine fight gets ugly

January 25, 2008

Professor Ned Foley was quoted in a Cincinnati Enquirer story regarding Ohio’s squabble over voting machines. The story states: “Edward ‘Ned’ Foley, director of election law at Ohio State University’s Moritz College of Law, said everyone should be concerned about heightened partisan squabbling. ‘I think it’s important for Ohio – and really for the nation because of Ohio’s role – that the procedures for conducting the voting process this year work for both sides, and be bipartisan in some significant respect,’ Foley said in an interview.”



Justices seem OK with voter ID law

January 10, 2008

Professor Edward B. Foley was quoted in a Columbus Dispatch story about a case argued before the U.S. Supreme Court. An Indiana law that requires voters to show a government-issued photo ID is being questioned. "Only an outlier like Indiana could be in trouble," said election law expert Edward B. Foley, an Ohio State University law professor who attended the Supreme Court session. "Ohio is safer."



Republicans, Democrats Clash Over Voter-ID Law at Supreme Court

January 8, 2008

Professor Edward Foley was quoted in a Bloomberg story previewing the U.S. Supreme Court’s upcoming arguments over whether requiring voters to show identification is unconstitutional. “There is a significant risk that it will be a 5-4 split with the four liberal justices on one side, the four conservative justices on the other side and Justice Kennedy joining one side or the other,” said Edward Foley, director of the election-law program at Ohio State University's Moritz College of Law in Columbus. “If it ends up being a split court, I could see him going one way and I could see him going the other way.”



Some repair needed

December 23, 2007

Professor Edward Foley was mentioned in a Columbus Dispatch editorial about regarding Ohio Secretary of State Jennifer Brunner’s proposal to toss out the state’s electronic voting systems. “The machines' memory cards, security codes and other features can be strengthened to minimize errors. Mandatory audits of election results in 10 percent of precincts would be a useful check, lessening concerns that the systems are miscounting. That idea was put forth by Edward B. Foley, director of the Election Law @ Moritz program at Ohio State University's Moritz College of Law, in a Forum column on Wednesday.”



Look to Minnesota for vote-counting solution

December 19, 2007

Professor Edward B. Foley published in Opinion Editorial in The Columbus Dispatch regarding Ohio Secretary of State Jennifer Brunner’s call to count ballots in a central location in each county, rather than in each individual precinct. "In preparing for next November, Ohio would do well to emulate Minnesota's audit approach, rather than to stop counting ballots at the precinct before they may be recounted centrally."



High Court Is Set For High Drama

September 24, 2007

Professor Edward B. “Ned” Foley was quoted in The National Law Journal regarding a case expected to be heard by the U.S. Supreme Court in the upcoming term. N.Y. Board of Elections v. Lopez Torres challenges lower court rulings striking down New York's convention system for selecting candidates to its trial-level state supreme courts, the article says. “The 2d Circuit decision is ‘pretty aggressive,’ said election scholar Edward Foley of Ohio State University Michael E. Moritz College of Law. ‘It calls for use of the 14th Amendment to invalidate state law and policy on not only how to structure a voting process but also your judicial system,’ he said. ‘In that sense, I could imagine the court asking whether it’s appropriate to federalize this issue of state governance.’”



Precedent must be high court's guide

August 6, 2007

Professor Edward Foley wrote an Opinion Editorial published in The Columbus Dispatch regarding the possible implications of a U.S. Supreme Court that continually overturns precedent. “Imagine if the U.S. Supreme Court repeatedly overruled itself on abortion, affirmative action and the like, changing position as political parties jostled for control of the court’s majority,” he writes. “Whatever else we might say about judicial flip-flopping, it would not qualify as enforcing the rule of law.”



Justices Loosen Ad Restrictions in Campaign Finance Law

June 25, 2007

Professor Edward Foley was quoted in The New York Times and a Bloomberg.com story on June 25 about a Supreme Court ruling regarding campaign ads. The court’s 5-4 decision loosened restrictions of a campaign-finance law by granting companies, labor unions, and interest groups more leeway in running pre-election advertisements. “Corporations received the victory that they did not achieve in 2003,” Foley said in The Times.
Foley also was quoted in a Columbus Dispatch story on July 27. He also was mentioned in a Wall Street Journal commentary.



Politics could cloud election panel's work

May 9, 2007

Election Law expert Ned Foley was quoted in the Boston Globe in an article about a lack of confirmed commissioners at the Federal Election Commission. Of the six commissioners, three are serving under temporary appointments and have not been confirmed by the Senate, two are serving on expired appointments and there is one vacancy. The U.S. Senate should address these appointments in the upcoming months. "If gridlock blocks the appointments from going forward, that is a sign that the debate over the policies that this commission deals with has broken down, and we can't see the end resolution," said Edward Foley , an election law specialist at Ohio State University.



Yale professor's election scorecard proposal gains momentum

March 19, 2007

Professor Edward B. "Ned" Foley is quoted in this Associated Press story on Yale Law School professor Heather Gerken's "Democracy Index," which would rank states on how well they handle elections. "Both sides have to believe that the index is fair and accurate and a reasonable basis for judging the operation of their state system," said Foley. "There have been flaws exposed that need rectification. But I think some of the distrust is overly done, out of proportion. It would be better if we could say, 'Here's what the objective evidence is.'"



Strickland veto now math problem

January 10, 2007

Professor Edward B. "Ned" Foley is quoted in this Toledo Blade story on Democratic Gov. Ted Strickland's apparently unprecedented decision on his first day in office to recall and veto a bill that former Republican Gov. Bob Taft intended to become law. "This does not appear to be an issue that can be resolved upon first glance, but requires considerable additional study," said Foley. The test of the relative constitution is not sufficiently clear to yield automatic answers.



Court Overturns Limits on Political Ads, Part of the Campaign Finance Law

December 21, 2006

In this Herald Tribune (Sarasota, Fla.) story on a three-judge panel overturning a key segment of the campaign finance law that banned issue advertisements paid for by corporate or union money in the critical weeks before federal elections, professor Edward B. Foley said those who want to broadcast such ads are "going to push the envelope. They're going to explore the scope of this exemption."



15% absentee ballot use sets record

December 19, 2006

Professor Edward B. "Ned" Foley is quoted in this Associated Press article that addresses, among other topics, that a controversial new requirement that voters show an acceptable ID at the polls did not lead to a significant increase in provisional ballots cast. Despite such a small overall increase, there are differences in the percentage of provisional ballots cast and counted from county to county that could suggest the ballots were not handled the same way across the state, said Foley. "I don't think these discrepancies should go unexplained," he said.



Election Day forecast: Problems likely

November 6, 2006

In this Columbus Dispatch story on the possibility of election problems, Professor Edward B. "Ned" Foley said that "Requesting a recount in a search for problems with the election may turn into a self-fulfilling prophecy."



Ohio Election Rules in Limbo a Week Before Vote

October 31, 2006

Professor Edward B. "Ned" Foley was interview on NPR's "All Things Considered" during a featured segment on the Ohio Voter ID controversy. Professor Foley's quote is heard at approximatley three minutes and 40 seconds into the segment.



Experts see possible problems with voting , officials debate election outcome

October 28, 2006

In this story in The Times-Reporter (New Philadelphia, Ohio), Professor Edward B. "Ned" Foley is quoted. "I don't think it (voter ID controversy) will end on Nov. 7," said Foley. Also see Experts debate Ohio election outcome in The Repository (Canton, Ohio).



Maybe election day won't be a fiasco after all

September 27, 2006

Professor Edward B. "Ned" Foley is quoted in this article from The Christian Science Monitor that covers the potential problems in the upcoming elections. Foley says the dynamic has now shifted, for partisan and strategic reasons, to sue first, ask questions later. "You don't need a close race plus problems," he says. All you need is "a close race plus lawyers.... But just because there's smoke, it doesn't mean there's necessarily fire."



Election Law at the High Court: Big Cases Leave Little Footprints

August 18, 2006

Professor Edward B. Foley wrote an op-ed for Law.com on the United States Supreme Court's three major decisions on election law this year.



Secretaries of state: Flashpoint in '06?

August 12, 2006

In this article on Stateline.org that addresses the issue of whether a secretary of state can guarantee a fair election while also running for office, Professor Edward B. "Ned" Foley says "There is such an inherent conflict of interest there that states should think of alternatives. It would be wise for states with elected secretaries of state to revisit the question whether there is a better way to do it."



Blackwell delegates state work as election approaches

July 30, 2006

Professor Edward B. "Ned" Foley is quoted in The Mercury News (San Jose, Calif.) on Ohio Secretary of State Ken Blackwell's role in the 2006 election. Foley said Blackwell should make his policy on which duties he is delegating clear before the November election, in the event of a recount or other problem. "You don't want a situation where, after a particular controversy has developed, his refusal to step aside can be attacked as being influenced by political calculations," Foley said.



Supreme Court upholds most of Texas' redistricting plan

June 28, 2006

Professor Edward B. (Ned) Foley is quoted in this San Jose Mercury News story about the U.S. Supreme Court decision on Wednesday that upheld most of a controversial plan that drew new lines for Texas congressional districts.



Justices Reject Campaign Limits in Vermont Case

June 27, 2006

In a New York Times story about the U.S. Supreme Court decision that ruled Vermont's limits on campaign contributions and on campaign spending by candidates are unconstitutional, Professor Edward B. (Ned) Foley is quoted.



Court Opens Campaign Law to Challenges

January 24, 2006

Professor Edward B. (Ned) Foley is quoted in this New York Times article about Monday's Supreme Court ruling in an important campaign finance case. The ruling opens the door to a new round of legal challenges to the limits Congress placed four years ago on election advertisements paid for by corporations and broadcast during the weeks before federal elections.



Back in Ohio, Smith heeded call to free-speech battle

November 14, 2005

Professor Edward B. "Ned" Foley, an election law expert, is quoted in this Columbus Dispatch article about Capital University law professor Bradley A. Smith, who departed a position as head of the Federal Elections Commission in August and became involved with the four "politically charged constitutional amendments that were decided by Ohio voters on Tuesday."



GOP reform plan needed, expert says: Alternatives to failed amendments expected

November 10, 2005

In a Toledo Blade story about the defeat of efforts to reform Ohio elections, Professor Edward B. (Ned) Foley said that it's time for Republicans to step to the plate.



Issue 1 is lone winner: 4 constitutional amendments designed to reform state government suffer resounding defeats

November 9, 2005

In a Columbus Dispatch story about the defeat of four constitutional amendments in Ohio, Professor Edward B. (Ned) Foley said that the reformers tried to do too much by putting too many issues on the ballot.



Initiative would give appointed board oversight of elections

October 28, 2005

Professor Edward B. (Ned) Foley, an expert in election-law and director of an election law project at the Moritz College of Law, is quoted in this Columbus Dispatch article about Issue 5 on the November ballot, which would create a bipartisan, nine-person board to administer Ohio elections instead of the secretary of state.



Independent panel would handle legislative redistricting

October 13, 2005

Professor Edward B. "Ned" Foley was interviewed by This Week Newspapers on Issue 4, stating that drawing district boundaries has been a messy process throughout the nation's history. "The development of computer technology and a loss of self-restraint among party activists on both sides, the combination of both, has maximized dramatically the extent to which parties gerrymander," Foley said.



Voters to decide political donation limits; Some see merits, but oppose Issue 3

October 11, 2005

Republican legislators challenged by the governor last winter to clean up Ohio's sullied campaign contribution system chose to quadruple donation limits and disclose the name behind every dollar given. Professor Edward B. "Ned" Foley said the current contribution limit of $10,000 is "unnecessarily large" in this Cleveland Plain Dealer story.



Support shifts on absentee vote reform

October 9, 2005

Professor Edward B. "Ned" Foley is quoted in this Toledo Blade story about the decreasing popularity of early voting and no-fault absentee ballots. "Given the huge long lines that occurred in Ohio last year, there's the sense that we need to solve that problem somehow. The easiest and perhaps least expensive solution is to allow more in-home voting," said Foley.



O'Connor's legacy more than a mere swing vote

July 3, 2005

In a Toledo Blade story about the retirement of U.S. Supreme Court Associate Justice Sandra Day O'Connor, Professor Edward B. (Ned) Foley said that Justice O'Connor was a balancer.



Analysis: Last day reflected O'Connor's legacy

July 2, 2005

Professor Edward B. (Ned) Foley is quoted in a story about the legacy of Associate Justice Sandra Day O'Connor.



Voting Problems in Ohio Spur Call for Overhaul

December 24, 2004

In a New York Times article about voting problems in Ohio, Professor Edward B. (Ned) Foley, said there were more problems than usual in Ohio, but not enough to cast doubt on the results. Professor Daniel Tokaji also said it was unlikely the problems made a difference in the outcome.



Several factors contributed to 'Lost' voters in Ohio

December 15, 2004

The Washington Post reported about voting problems in Ohio. Professor Edward B. (Ned) Foley said that there was not enough to prove fraud, but the situation in Ohio demands reform.



Voting Problems in Ohio Set Off an Alarm

November 7, 2004

In the New York Times, Professor Edward B. (Ned) Foley, was quoted about some of the problems voters faced on Election Day.



Kerry's Concession a Number's Game

November 4, 2004

A story in the Columbus Dispatch noted that Kerry decided the outstanding votes would not be enough to bridge the gap. Professor Edward B. (Ned) Foley said the state should look critically at areas of its elections system that drew criticism and lawsuits during the campaign.



In Making His Decision on Ohio, Kerry Did the Math

November 4, 2004

An article in The New York Times discussed the mathematics behind Kerry's concession of the 2004 presidential election. Professor Daniel Tokaji speculated that even if there were 250,000 provisional votes from Ohio voters, it would not be enough to bridge the gap between the candidates. Professor Edward B. (Ned) Foley noted that the Help America Vote Act would allow more provisional votes to be accepted by election officials and ultimately counted.



How to Make Sure Your Vote Counted

November 3, 2004

An article reported by the Wall Street Journal discussed new tools that are available this year for registering concerns and tracking ballot status. Professor Edward B. (Ned) Foley discussed the number of Ohio voters expected to cast provisional ballots. (Search for "Foley")



3 judges deal blow to GOP challenges

November 2, 2004

In the Sun-Sentinel, Professor Edward B. Foley predicted that a ruling would be issued in a 6th Circuit appeal in a case involving GOP challengers would be made before the 6:30 a.m. opening of the polls.



Record Voter Turnout Predicted; Day of Reckoning Arrives at Last

November 2, 2004

A story in The San Francisco Chronicle discussed the number of expected voters that would turn out for the 2004 presidential election. Discussing the Help America Vote Act, Professor Edward B. (Ned) Foley said that the reviews of HAVA had been mixed.



GOP Wins Early Legal Skirmish in Ohio

November 2, 2004

A story in The New York Daily News reported that a recent ruling of the Sixth Circuit allowed challengers to be present in Ohio polling places. Professor Edward B. (Ned) Foley's "margin of litigation" theory was mentioned while discussing other possible sources of litigation.



Campaigns Wage 11th-hour Battles in Courts

November 2, 2004

An article in USA Today discussed the litigation surrounding whether challengers would be allowed at the polls. Professor Edward B. (Ned) Foley predicted that litigation would occur if the margin of victory is 1percent or less.



Campaigns wage 11th-hour battles in courts

November 1, 2004

In USA Today, Professor Edward B. (Ned) Foley said that that large-scale litigation would occur if either candidate's margin of victory is 1% or less.



Parties Plan to Dispatch Lawyers, Observers Despite Court Rulings

November 1, 2004

A story reported in The Mercury News discussed the GOP's efforts to challenge the eligibility of voters in polling places. Professor Edward B. (Ned) Foley noted that the mobilization of lawyers is "extraordinary" and speculated that lawsuits might be proliferating because there is "a perception that litigation mattered the last time."



Election Suits Are Filed Early and Often

October 28, 2004

In this Los Angeles Times story, Professor Edward B. (Ned) Foley said that Ohio and Florida are two states that are most likely to have litigation that could tip the balance of the election. The story also noted that legal issues have become so thick that the Moritz College of Law has begun publishing a daily status report on election-related court cases.



In Fierce Contest for Ohio Vote, Secretary of State Feels Scrutiny

October 27, 2004

In the Washington Post, Professor Edward B. (Ned) Foley called Ohio Secretary of State J. Kenneth Blackwell's decisions with regard to the upcoming election "a mixed record" but does not see a pattern of political bias.



Expect Bush v. Kerry, the Chadless Sequel

October 27, 2004

In the New York Times, Professor Edward B. (Ned) Foley predicted there will be litigation following the presidential election if there is a state that is critical to winning the Electoral College and the margin of victory in that state is less than the number of provisional ballots in that state.



Report warns this election day Could be beset by new problems

October 20, 2004

Professor Edward B. "Ned" Foley, director of Election Law @ Moritz, was quoted in the Wall Street Journal about provisional ballots and the upcoming presidential election.



Scholars see it plainly: No clear way to require that political ads are true

October 12, 2004

In the Toledo Blade, Professor Edward B. (Ned) Foley said a First Amendment principle is that when one campaign lies, the other may respond, and the citizens decide. The article covered the third Election Law @ Moritz event, a discussion of false campaign advertising.



Students switching to vote in Ohio: Some say their decision influenced by state's "battleground" status

October 2, 2004

In the Columbus Dispatch, Professor Edward B. (Ned) Foley said that everyone makes a difference in the upcoming presidential election.



Columbus to See A Lot of Campaign Ads

June 10, 2004

On WBNS-10TV, Professor Edward B. (Ned) Foley said that it makes sense that central Ohio is the focus of political ads. "Columbus is a swing city in a swing state," he said.