It's midterm election season, and on Congress' docket are two bills that will impact how the electoral college is certified. This week, we're revisiting the second half of our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned discusses what a successful election looks like in America and the lessons learned from the milestone case of Bush v. Gore.

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

https://moritzlaw.osu.edu/edward-b-foley

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

References:

Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020:

https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-rigged-412557

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

https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us&lang=en&

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

https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us&lang=en&

Bush v. Gore 531 US 98 (2000):

https://www.oyez.org/cases/2000/00-949

Full Case Opinion (PDF): https://supreme.justia.com/cases/federal/us/531/98/case.pdf

Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020:

https://www.abajournal.com/news/article/dec.-8-safe-harbor-deadline-is-a-critical-date-in-nightmare-election-scenarios