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Election Law @ Moritz

Election Law @ Moritz


Publication of new BALLOT BATTLES book

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. Rick Hasen was kind to let me write a series of blogs discussing five themes in the book.  They are: 

1. Florida Was Not a Fluke

2. The Risk of Another Presidential Election is Higher Than Most Think

3. The History of Disputed Elections Shows that When Institutions are Weak, Individual Character Really Matters

4. Ballot Battles in the Nineteenth Century Were Beset by Violence and Civil Strife; Not So in the Twentieth, and This Progress is Reason to Hope for Even More

5. The Great Dissenter in Plessy Anticipated the Role for Federal Courts Embraced in Bush v. Gore—But Will the Court Repeat that Role Next Time and, If Not, What Then?

Also, electionline invited me to write a piece discussing how the history in the book helps identify reforms for the future; that piece is The Ghosts of Elections Past — and Yet to Come

Finally, Salon excerpted the book's chapter on Florida 2000.

Happy reading--and happy holidays!


Edward B. Foley is Director of the Election Law @ Moritz program. His primary area of current research concerns the resolution of disputed elections. Having published several law journal articles on this topic, he is currently writing a book on the history of disputed elections in the United States. He is also serving as Reporter for the American Law Institute's new Election Law project. Professor Foley's "Free & Fair" is a collection of his writings that he has penned for Election Law @ Moritz. View Complete Profile


Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.


"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 

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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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