Faculty experts from Election Law at Ohio State contribute to the national discussion on election law and administration through scholarly work, published opinion pieces, blog posts, podcasts, interviews, and more.
Select a category below to view contributions over the past few years:
Scholarly Work
The Constitution and Condorcet: Democracy Protection through Electoral Reform
Drake Law Review (forthcoming)
Edward B. Foley
Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism
26 Lewis & Clark Law Review 365 (2022)
Edward B. Foley
Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform
2021 University of Wisconsin Law Review 1187 (2021)
Edward B. Foley
Assessing the Validity of an Election’s Result: History, Theory, and Present Threats
95 New York University Law Review Online 171 (2020)
Edward B. Foley
Explaining the Blue Shift in Election Canvassing
1 Journal of Political Institutions and Political Economy 239 (2020)
Edward B. Foley and Charles Stewart III (MIT)
What if the 2020 Presidential Election is Disputed?
81 Ohio State Law Journal Online (2020)
Steven F. Huefner
Trump v. Biden: An Opinion for a Hypothetical Case
81 Ohio State Law Journal Online 191 (2020)
Edward B. Foley
The Danger of Democracy’s Self-Doubt
16 Ohio State Technology Law Journal 467 (2020)
Edward B. Foley
Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
51 Loyola University Chicago Law Journal 309 (2020)
Edward B. Foley
The Gerrymandering Cases
19 Journal of Law in Society 215 (2019)
Edward B. Foley
“Winnowing and Endorsing: Separating the Two Distinct Functions of Party Primaries.”
InThe Best Candidate: Presidential Nomination in Polarized Times, edited by Eugene D. Mazo and Micharl R. Dimino, 80-104. Cambridge University Press, 2020.
Edward B. Foley
Election Law and Litigation: The Judicial Regulation of Politics.
Aspen Casebook Series. Wolters Kluwer, 2022 (2d ed.)
Edward B. Foley, Michael J. Pitts, and Joshua A. Douglas
Presidential Elections and Majority Rule: The Rise, Decline, and Potential Restoration of the Jeffersonian Electoral College.
Oxford University Press, 2020.
Edward B. Foley
Principles of Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes.
The American Law Institute, 2019.
Edward B. Foley and Steven F. Huefner.
Ballot Battles: The History of Disputed Elections in the United States.
Oxford University Press, 2016. (Finalist for 2016 David J. Langum, Sr. Prize in American Legal History.)
Edward B. Foley
Opinion Pieces
In October 2020, Director of Election Law at Ohio State, Edward Foley, was named as a contributing opinion columnist by The Washington Post, and since that time, he has written over two dozen opinion pieces for The Washington Post.
Ned was also featured in The Washington Post Magazine in October 2020.
And he was interviewed about the Electoral Count Act for The New Yorker in June 2022.
Alaska's ranked-choice voting is flawed. But there's an easy fix.
Edward B. Foley and Eric S. Maskin
Washington Post | November 1, 2022
There is a better option to keep Trump out of office than prosecution
Edward B. Foley
Washington Post | June 23, 2022
How our system of primary elections could destroy democracy
Edward B. Foley
Washington Post | May 19, 2022
Can Alaska save democracy?
Edward B. Foley
Washington Post | February 10, 2022
How Congress can fix the Electoral Count Act
Edward B. Foley, Michael W. McConnell, Richard H. Pildes, and Bradley Smith
Washington Post | Opinion | January 4, 2022
The threat of Trump illegally taking power in 2025 is real. Here's what Congress can do.
Edward B. Foley
Washington Post | Opinion | September 28, 2021
Is same-day voter registration good? Yes. Is it essential? Probably not.
Edward B. Foley
Washington Post | Opinion | September 20, 2021
The House is supposed to represent the people. It doesn’t.
Edward B. Foley
Washington Post | Opinion | August 9, 2021
How Congress should fix the Supreme Court’s damage to the Voting Rights Act
Edward B. Foley
Washington Post | Opinion | July 8, 2021
Manchin’s voting rights compromise is great — except it doesn’t take on ‘election subversion’
Edward B. Foley
Washington Post | Opinion | June 18, 2021
How Joe Manchin could escape the trap he set for himself
Edward B. Foley
Washington Post | Opinion | June 11, 2021
Democrats are wasting time pursuing their dream elections reform bill. Here’s a better path.
Edward B. Foley
Washington Post | Opinion | May 27, 2021
Democrats have a chance to expand voter access. But they’re focusing on the wrong bill.
Edward B. Foley
Washington Post | Opinion | March 29, 2021
Saving voting rights is an emergency. Here’s a modest fix Republicans might support.
Edward B. Foley
Washington Post | Opinion | March 8, 2021
Why Congress should require its members to be elected by a majority of votes
Edward B. Foley
Washington Post | Opinion | March 5, 2021
Congress should make a deal to end partisan gerrymandering
Edward B. Foley
Washington Post | Opinion | February 4, 2021
Prosecuting Trump for the Capitol riot will be difficult — but not impossible
Edward B. Foley
Washington Post | Opinion | January 14, 2021
The Constitution is strong enough to withstand a delayed electoral count
Edward B. Foley
Washington Post | Opinion | January 6, 2021
Cruz disrupting the electoral college count won’t change anything. It can still hurt democracy.
Edward B. Foley
Washington Post | Opinion | January 2, 2021
Sorry, President Trump. January 6 is not an election do-over.
Edward B. Foley
Washington Post | Opinion | December 29, 2020
It’s time for Mike Pence to choose: Trump, or the truth
Edward B. Foley
Washington Post | Opinion | December 22, 2020
It’s over. When the electoral college announces Biden’s win, Republicans must move on.
Edward B. Foley
Washington Post | Opinion | December 13, 2020
Congress must fix this election law — before it’s too late
Edward B. Foley
Washington Post | Opinion | December 1, 2020
This unnerving election does not bode well for the next one
Edward B. Foley
Washington Post | Opinion | November 24, 2020
If the losing party won’t accept defeat, democracy is dead
Edward B. Foley
Washington Post | Opinion | November 19, 2020
Trump’s originalist judges should reject his lawsuits usurping states’ rights. The framers would.
Edward B. Foley
Washington Post | Opinion | November 13, 2020
Relax. Biden will be sworn in Jan. 20.
Edward B. Foley
Washington Post | Opinion | November 11, 2020
The repugnant plan brewing for state legislatures to steal the election must be stopped
Edward B. Foley
Washington Post | Opinion | November 6, 2020
Trump wants the courts to stop the counting. He’s going to be disappointed.
Edward B. Foley
Washington Post | Opinion | November 4, 2020
The Supreme Court has remained surprisingly centrist on voting rights. That’s a pleasant surprise.
Edward B. Foley
Washington Post | Opinion | October 29, 2020
What kind of conservative will Amy Coney Barrett be? The election could depend on it.
Edward B. Foley
Washington Post | Opinion | October 26, 2020
Could Trump contest even a landslide? That depends on his fellow Republicans.
Edward B. Foley
Washington Post | Opinion | October 23, 2020
The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win
Edward B. Foley
Washington Post | Opinion | October 20, 2020
Think the Constitution protects your right to vote? That’s not really true — but it should.
Edward B. Foley
Washington Post | Opinion | October 19, 2020
How to avoid Bush v. Gore 2.0
Edward B. Foley
Washington Post | Opinion | October 12, 2020
Think the Constitution lets voters pick the president? Better read it again.
Edward B. Foley
Washington Post | Opinion | October 5, 2020
Three easy steps to help prevent a calamitous election failure
Edward B. Foley
Washington Post | Opinion | September 29, 2020
Vote early and often? That’ll just slow down the ballot count.
Edward B. Foley
Washington Post | Perspective | September 4, 2020
If we don’t dispel the falsehood of an election ‘delay’ now, we risk chaos in November
Joanne Lipman and Edward B. Foley
Washington Post | Opinion | August 19, 2020
How to avoid hours-long waits to cast ballots on Election Day
Edward B. Foley
Washington Post | Opinion | June 11, 2020
House Democrats Can Hear from More Witnesses Without a Prolonged Court Fight. Here’s How
Edward B. Foley
Washington Post | Opinion | November 22, 2019
Reforming the Electoral Count Act
Edward B. Foley
Democracy: A Journal of Ideas | May 26, 2022
As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore
Edward B. Foley
Lawfare | February 4, 2022
Reforming the Electoral Count Act requires bipartisan buy-in — Democrats can’t do it alone even with filibuster reform
Edward B. Foley
American Constitution Society’s Blog Symposium | January 10, 2022
How to Know if the Election Is Actually ‘Rigged’
Edward B. Foley
Politico | Opinion | September 13, 2020
The Terrifying Inadequacy of American Election Law
Larry Diamond and Edward B. Foley
The Atlantic | September 8, 2020
A November Nightmare Part I: What If Mailed Ballots Are Never Counted?
Edward B. Foley
Harvard Law Review Blog | August 30, 2020
How Congress could diminish the risks with Electoral College count
Richard Pildes and Edward Foley
The Hill | August 13, 2020
Ignore Trump and count every vote: Know your election facts, trust the process
Edward Foley
N.Y. Daily News | July 31, 2020
America has to count on more than prayer in the case of close election
Edward Foley
The Hill | July 16, 2020
Supreme Court 'faithless electors' ruling aims to stabilize the election, but will it work?
Edward B. Foley
USA Today | Opinion | July 6, 2020
The Simplest Way to Avoid a Wisconsin-Style Fiasco on Election Day
Edward B. Foley and Steven F. Huefner
Politico | April 21, 2020
Why Vote-by-Mail Could be a Legal Nightmare in November
Edward B. Foley
Politico | April 7, 2020
Impeachment Was Supposed to Protect the 2020 Election. Now, It’s Worse Off
Edward B. Foley
Politico | Feb. 5, 2020
Think Iowa’s Delay Was a Fluke? Get Used to It
Edward B. Foley
Politico | Feb. 4, 2020
Here’s One Surprising Way Congress Could Avoid an Impeachment Disaster
Edward B. Foley
Politico | December 16, 2019
A Different Billionaire May Decide Who Wins Next November
Edward B. Foley
CNN Opinion | December 16, 2019
Is It Ever OK for a President to Ask a Foreign Country to Investigate a Political Rival?
Edward B. Foley
Politico | October 6, 2019
Congress Should Remove Trump from Office, But Let Him Run Again in 2020
Edward B. Foley
Politico | September 25, 2019
What if 2020 election is disputed?
Edward Foley and Michael McConnell
The Hill | May 24, 2019
Want to Fix Presidential Elections? Here’s the Quickest Way
Edward B. Foley
Politico | May 4, 2019
An Idea for Electoral College Reform That Both Parties Might Actually Like
Edward B. Foley
Politico | January 12, 2019
Election Law Blog
Founded in 2003 by UC Irvine Law Professor Richard L. Hasen, Election Law Blog has been the go-to source for news and analysis of issues including campaign financing, redistricting, election administration, ballot measures, recall elections, legislation and statutory interpretation, comparative election law, and the rule of law.
Edward Foley is an Election Law Blog contributor.
Recorded Panels and Interviews
Election Law at Ohio State faculty are invited to appear as speakers for events, podcasts, and radio and TV interviews. Where recordings are available, we list such appearances here:
A review of the Jan. 6 committee's work and what comes next?
Edward Foley on All Sides with Ann Fisher (WOSU) | December 22, 2022
Possible changes in the Democratic primary schedule
Edward Foley on All Sides with Ann Fisher (WOSU) | December 13, 2022
Dissecting the Oral Arguments in Moore v. Harper
Edward Foley on The Lawfare Podcast | December 8, 2022
Election Denial and the Future of the GOP
Edward Foley on NPR 1A | November 14, 2022
The push for ranked-choice voting
Edward Foley on All Sides with Ann Fisher (WOSU) | November 2, 2022
Total Vote Runoff: A Majority-Maximizing Form of Ranked Choice Voting
Edward Foley at UNH Law Review Symposium on Contemporary Issues in Election Law | October 7, 2022
(Ned's presentation begins at 3:44:50 of the recording)
An Update on Electoral Count Act Reform
Edward Foley on The Lawfare Podcast | October 5, 2022
Election 2022: Are We Ready?
Edward Foley on the National Constitution Center Town Hall | September 28, 2022
The history and possible reform of the Electoral Count Act
Edward Foley on All Sides with Ann Fisher (WOSU) | August 31, 2022
America's Election Violence, Electoral College & Minority Power
Edward Foley on History Behind News Podcast | August 26, 2022
Can Proposed New Congressional Legislation on Counting Electoral College Votes Lessen the Risk of Election Subversion?
Edward Foley on UCLA Law Safeguarding Democracy Project panel | August 24, 2022
The Senate's Proposal for Electoral Count Act Reform
Edward Foley on The Lawfare Podcast | July 22, 2022
Electoral Count Act Reform
Edward Foley on AYMAN on MSNBC | July 22, 2022
What you need to know about the deal to reform the Electoral Count Act
Edward Foley on WBUR's Here and Now | July 21, 2022
Federal Versus State Power in Federal Elections
Edward Foley interviewed on C-SPAN's Washington Journal | July 10, 2022
Restoring the Guardrails of Democracy
Edward Foley on the National Constitution Center Town Hall | July 6, 2022
The "Gap" in the Constitution That Led to January 6th
Edward Foley interviewed by Isaac Chotiner for The New Yorker | June 27, 2022
What we learned on Day 3 of the Jan. 6 committee hearings.
Edward Foley on the PBS NewsHour | June 16, 2022
America's Vulnerable Elections
Edward Foley on Network for Responsible Public Policy webinar | June 16, 2022
How Do You Solve A Problem Like Primaries?
Edward Foley on The Dispatch Podcast | June 1, 2022
Ned Foley on Electoral Count Act Reform
Ned Foley on Ali Velshi MSNBC | May 21, 2022
[Ned's interview begins at 10:05 and ends at 13:28 of the audio recording]
The Electoral College w/ Edward Foley
The Road to Now podcast | February 21, 2022
Election Integrity and Voting Rights: Should We Rewrite the Rules?
Edward Foley on the National Constitution Center’s Restoring the Guardrails of Democracy initiative | February 15, 2022
Redistricting Limbo
Edward Foley on the Snollygoster Podcast | February 10, 2022
The Importance of the Electoral Count Act
Edward Foley interview by Newsy | January 31, 2022
Ned Foley on Electoral Count Act Reform
The Lawfare Podcast | January 24, 2022
The Case for Reforming the Electoral Count Act
Edward Foley on the National Constitution Center We The People podcast | January 13, 2022
The Growing Divide — Polarization in the United States
Edward Foley speaks at the Council on Foreign Relations Renewing America Series event | January 6, 2022
[transcript only]
A Look Back At The January 6 U.S. Capitol Insurrection And What It Means Moving Forward
Edward Foley on All Sides with Ann Fisher (WOSU) | January 5, 2022
Election Subversion: Is American Democracy in Danger?
Edward Foley participates in Fair Elections and Free Speech Center event | September 24, 2021
For The People Act (HR.1/S.1) Unpacked
Edward Foley speaks at the Network for Responsible Public Policy event | July 22, 2021
An alternative to ranked choice? Election analyst introduces ’round-robin voting’
Edward Foley on NBC’s Morning Joe | July 6, 2021
Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism
Edward Foley participates in the AALS Conference on Rebuilding Democracy and the Rule of Law | May 7, 2021
(link goes to the start of Ned's talk at 45:19; talk ends at 1:02:23)
The Past, Present, and Future of Presidential Elections
Edward Foley participates in the University of Pennsylvania Journal of Constitutional Law annual law journal symposium in partnership with the National Constitution Center | January 28, 2021
What's Next For Congress After The Attack On The Capitol
Edward Foley on the NPR 1A podcast | January 11, 2021 (piece starts at 10:50)
Counting the Electoral Votes
Edward Foley on The Lawfare podcast | January 6, 2021
Presidential Election Challenges
Edward Foley on C-SPAN’s Washington Journal | January 5, 2021
Ohio State Law Professor Ned Foley: Ted Cruz Disruption Can Hurt Democracy
Edward Foley on The Michael Smerconish Program | January 4, 2021
Trump Pressures Georgia & the GOP’s New Election Challenge
Edward Foley on KPFA’s Letters and Politics podcast | January 4, 2021
Election Update with Electoral College Expert Ned Foley
Ned Foley’s event with The Jackson Center | December 16, 2020
What Just Happened?
Edward Foley on MSNBC Live with Kendis Gibson and Lindsey Reiser | November 21, 2020
Edward Foley on MSNBC’s Live with Craig Melvin | November 5, 2020
Edward Foley on MSNBC’s Morning Joe | November 5, 2020
Contested Elections: An American Tradition
Edward Foley on Legal Talk Today podcast | November 2, 2020
What happens if Trump loses the election and refuses to concede?
Edward Foley on NBC News Now | October 30, 2020
'We may have a wild roller-coaster ride' after the election, says Ohio State law professor Edward Foley
Edward Foley interviewed for The Washington Post Magazine | October 27, 2020.
Ned Foley on the Possibility of a 2020 Election Stalemate
Edward Foley on Politics Inside Out with Chris Frates on SiriusXM | October 2, 2020
President Pelosi? How a contested election brawl could unfold on Capitol Hill
Edward Foley on FOX News | September 14, 2020
Election 2020: When Are Results Official and What Happens if Results Are Disputed
Edward Foley and Steve Huefner on The American Law Institute’s Reasonably Speaking podcast | September 2020
Beware the ‘Blue Shift’
Edward Foley on CNN’s Smerconish | August 15, 2020
WGN Radio 720 Legal Face-Off
Edward Foley on WGN Radio 720’s Legal Face-Off podcast | August 10, 2020 (interview begins at 9:30)
Faithless Electors: SCOTUS Decisions and Implications for November
Edward Foley and Steve Huefner on The American Law Institute’s Reasonably Speaking podcast | July 2020
Absentee Balloting: Preparing for the November Election
Edward Foley and Steve Huefner on The American Law Institute’s Reasonably Speaking podcast | June 2020
Voting, Coronavirus, and the Constitution
Edward Foley on the National Constitution Center’s We The People podcast | May 28, 2020
The Electoral College: It’s History and Challenges Today
Edward Foley on a John F. Kennedy Library Forum | May 27, 2020
What If the 2020 Election Results are Disputed?
Edward Foley on The Open Mind podcast hosted by Alexander Heffner | May 6, 2020
Ensuring Mail-In Ballot Integrity
Edward Foley on Politics Inside Out with Chris Frates on SiriusXM | April 24, 2020
[short clip only; subscription required]
How to Fix Presidential Elections in 2020 and Beyond
Edward Foley on a National Constitution Center’s Town Hall | April 23, 2020
Voting During a Pandemic
Edward Foley on The Lawyer 2 Lawyer podcast on Legal Talk Network | April 17, 2020
Can Vote-By-Mail Work?
Edward Foley on The Politics of Truth podcast | April 17, 2020
How To Conduct Elections In The Middle Of A Pandemic
Edward Foley on Diane Rehm’s On My Mind podcast | March 31, 2020
U.S. elections are being tested like never before. What comes next?
Edward Foley on the Washington Post’s politics podcast: Can He Do That? | March 19, 2020
Free and Fair with Franita and Foley
In February 2020, Election law scholars Edward Foley (The Ohio State University Moritz College of Law) and Franita Tolson (USC Gould School of Law) launched their podcast, Free and Fair with Franita and Foley, where they break down complex legal issues for listeners who care about democracy and elections.
- April 28, 2021 | Rethinking Representation
- April 8, 2021 | Making Democracy Work, Part 2
- March 23, 2021 | Making Democracy Work, Part 1
- March 3, 2021 | The Problem Worth Solving
- February 17, 2021 | How do we save America? Part 2
- February 3, 2021 | How do we save America?
- January 4, 2021 | Smoke Without Fire
- December 8, 2020 | The Truth Problem
- November 20, 2020 | Luck, Betrayal, and Repairing Democratic Norms
- October 19,2020 | Franita and Ned on the National Constitution Center’s America’s Town Hall: America’s Contentious Presidential Elections: A History
- October 12, 2020 | Free and Fair with Franita and Foley Live: The Contested Election of 1876 (This episode occurred live in partnership with the National Constitution Center)
- October 1, 2020 | RBG and our uncertain future
- September 29, 2020 | Franita and Ned on The American Law Institute’s Reasonably Speaking podcast: Election 2020: When Are Results Official and What Happens if Results Are Disputed
- September 2, 2020 | Will Americans accept the election’s outcome?
- August 11, 2020 | Can Trump legally limit mail-in voting?
- August 6, 2020 | Franita and Ned on The American Law Institute’s Reasonably Speaking podcast: Faithless Electors: SCOTUS Decisions and their Implications for November
- July 27, 2020 | What Would John Lewis Think?
- June 25, 2020 | Is this the new normal?
- June 5, 2020 | Is voting enough?
- May 22, 2020 | Does faithfulness to the Constitution require faithless electors?
- May 13, 2020 | Flattening the absentee ballot curve, and other solutions to prevent an election…
- April 23, 2020 | Is there room for third parties? Justin Amash and why he matters
- April 9, 2020 | What Happened in Wisconsin?
- March 31, 2020 | Voting in the time of the virus: Part 2
- March 18, 2020 | Voting in the time of the virus: Part 1
- February 25, 2020 | Russia, Bloomberg and Voter Choice
- February 14, 2020 | Primaries 101
- February 3, 2020 | Are our elections free and fair?