The Electoral College: What is the Law? with Ned Foley (Recast)

National Security Law Today

As the U.S. gears up for another presidential election this Fall, it's crucial to understand the ins and outs of how Americans elect their leaders. What is the electoral college? And what happens if there is a contested election? This week, we're revisiting a past conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned dives in on how Americans elect our federal officers, and how the law and the courts have ruled on voting; from naming electors to deciding Bush v. Gore in 2000.

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program:

References:

Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016

Bush v. Gore 531 US 98 (2000)

Chiafalo v. Washington 591 US_ (2020)

Republican Party of Pennsylvania v. Boockvar

Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020