Ned Foley
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Articles by Ned Foley
Ohio Senator Louis Blessing on 'Law and Democracy' podcast #ELB
In advance of Friday’s conference on Consensus Choice (Condorcet) voting, Ohio Senator Louis Blessing–who introduced the bill to adopt this voting method for the state’s elections–joined members of the Election Law at Ohio State team on a “Law and Democracy” podcast episode. It is a really great conversation.
Agenda for Conference on Consensus Choice (Condorcet) Voting
Previously, I posted about Friday’s conference, including information on how to register and watch online. Here’s the full agenda for this coming Friday, October 2: 8:30 – 9:00 am: Registration | Saxbe Auditorium 9:00 – 10:00 am: Introductory Conversation with Professors Eric Maskin and Edward Foley 10:00 – 10:15 am: Break 10:15 – 11:30 am:Panel I — How Does Consensus Choice Voting Fit into the Philosophy of Democracy?
Conference on Consensus Choice (Condorcet) Voting
On Friday, October 2, starting at 9:00 ET, the Election Law at Ohio State program is hosting a conference to discuss the concept of Consensus Choice (Condorcet) Voting and the prospects for its adoption in U.S. elections. There will be a discussion of Ohio SB 395, the first bill introduced in a state legislature to adopt a form of Consensus Choice Voting.
'Americans are confused and worried about elections. Will that impact turnout?' #ELB
Miles Park for NPR: ‘[A]cross the country this midterm year, local officials say they’re hearing from voters confused by the process — and worried about potential federal interference in the election. … ‘”‘How is this going to work? How are you going to make sure my ballot is counted? How am I going to get my ballot?’ — I’m hearing all of these things,” said Carly Koppes, a local Republican voting official in Weld County, Colo.
'‘Love Me’ Ad Promotes Trump With Public Money Ahead of the Midterms' #ELB
When teaching Citizen United, I have my students run through a series of hypotheticals to illustrate the line between been private-sector corporations, which have a First Amendment right to campaign spending, and government-owned corporations, which do not. The first of which is the U.S. Treasury paying for a campaign ad. The second is the Federal Reserve Bank of New York. The third is Amtrak.
'Court reinstates Ohio law requiring proof of citizenship for voter registration' #ELB
POLITICO: ‘An appeals court on Wednesday reinstated an Ohio law requiring people to provide proof of citizenship when registering to vote at motor vehicles offices, a win for Republicans seeking to tighten voter requirements nationwide. ‘A panel of three judges on the 6th Circuit Court of Appeals ruled 2-1 to block a lower court ruling that had granted a preliminary injunction against the voter ID law in August.
'Missouri election officials tell people to hold off voting while SCOTUS deliberates on gerrymander' #ELB
POLITICO: ‘Several local election officials in Missouri are advising voters to consider delaying casting their ballots until the Supreme Court resolves a tangled legal fight around the state’s congressional map. ‘Absentee voting in Missouri began Tuesday, when counties began accepting in-person voters and mail ballots from those who are not able to vote on Election Day. … ‘“We’re not telling them not to vote,” said Boone County Clerk Brianna Lennon.
'What research tells us about voter fraud' #ELB
Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018). Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias Approach to Gerrymandering: Using Automated Plan Generation to Evaluate Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018). Edward B. Foley, Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021).
'CNN, MS NOW and Politico Return to White House After Fight Over Access' #ELB
N.Y. Times: ‘Journalists from CNN, MS NOW and Politico were allowed back into the White House around noon on Thursday. Their return came after a chaotic morning in which the Trump administration had blocked them from entering, despite an overnight order from a federal judge that required the immediate restoration of their access. … ‘As of early Thursday afternoon, the TV pool remained suspended.
'From 16,000 to 185 to Zero: Trump’s Claims of Illegal Voting in Nevada Fizzle.' #ELB
Nick Corasaniti for the N.Y. Times: ‘When the Department of Homeland Security sent Nevada a list of 185 names last month that it claimed identified noncitizens who had been improperly allowed to register to vote, state election officials got to work. ‘On Tuesday, the state sent a strongly worded rebuke to the federal government: Every single person on the list was a lawful citizen. ‘“As for the 185 individuals, our records indicate that they were citizens,” Greg D.
'POLITICO, CNN, MS NOW barred from White House after court ruling restoring access' #ELB
POLITICO’s report on this disturbing development: ‘A POLITICO reporter was denied access to the White House Thursday and his press credentials confiscated after a judge ordered the Trump administration overnight to immediately restore access for news organizations that President Donald Trump banned from the complex last week. ‘MS NOW and CNN said their reporters were also denied entry.
'Warren demands Trump officials explain removing a ban on interference in census data' #ELB
Hansi Lo Wang for NPR: ‘Trump administration officials are facing new demands from Congress to explain why the Census Bureau’s parent agency removed language banning political interference from its scientific integrity policy. ‘In letters sent Wednesday to Commerce Secretary Howard Lutnick and otherofficials, Sen.
'Unknown number of Texas voter registration applications were unprocessed due to DPS error' #ELB
Votebeat and Texas Tribune: ‘Just weeks before the pivotal midterm elections, Texas election officials have discovered that an unknown number of voter registration applications have not been processed due to an error by the Texas Department of Safety. DPS failed to send the applications, which were submitted by voters through its online driver’s license portal, to county voter registrars for processing, according to an email sent to county officials and provided to Votebeat.
'A Reclusive G.O.P. Billionaire Pulls Back His Money From Senate Republicans' #ELB
N.Y. Times: ‘One of the Republican Party’s biggest donors has sharply reduced his giving ahead of the midterm elections, especially to Senate Republicans, a decision driven largely by the party’s failure to pass a far-reaching bill of voting restrictions.
'Advanced Introduction to Election Law' #ELB
Jim Gardner’s new book is available. Here’s its description: ‘This Advanced Introduction provides an overview of election law, and how this fulfills its commitment to democratic self-rule. Identifying differences in conceptions of democracy worldwide, James A.
'Helping Election Official Associations Have an Impact' #ELB
Bipartisan Policy Center: ‘The Bipartisan Policy Center’s Elections Project helps state election official associations analyze bills and weigh in with their legislatures. ‘To improve their systems for tracking and responding to bills, we built FloorVote, a free, open-source legislative tracking and collaboration tool. FloorVote can be used by any team that wants to track legislation together.”
'The Supporters Urging Trump to Declare Martial Law for the Midterms' #ELB
A sobering story from Yvonne Wingett Sanchez and Michael Scherer for The Atlantic: ‘Of all the outside advisers urging President Trump to seize control of federal elections this fall, the attorney Peter Ticktin can claim the deepest ties; the two men went to military school together as teenagers. In 2022, Ticktin helped Trump sue Hillary Clinton. This year, he pushed Trump to secure a pardon for Tina Peters, a former Colorado clerk convicted of charges related to tampering with election equipment.
'RNC sues New Jersey election officials over alleged withheld voter roll records' #ELB
Fox News: ‘The Republican National Committee (RNC) and state GOP leaders filed a lawsuit Tuesday against New Jersey’s top election official and authorities in five counties, alleging they failed to produce federally mandated voter roll maintenance records and aiming to force transparency for the American people.’ The story contains a copy of the federal court complaint.
'Justice Department indicts former postal worker for tossing out mail-in ballots in Utah' #ELB
The Hill: ‘The Department of Justice (DOJ) unsealed an indictment Tuesday accusing a former U.S. Postal Service employee of throwing out around 300 mail-in ballots in Utah. … ‘… The ballots were being mailed ahead of the June 23 primary election. ‘The department accused Seei of throwing the mail into a church parking lot dumpster, according to a detention memo.
'Poll: Trust in the U.S. Postal Service delivering mail-in ballots on time has fallen' #ELB
Hansi Lo Wang for NPR: ‘While the majority of registered voters still say they feel confident or very confident about timely USPS deliveries of election mail to voters and election officials, that share dropped 13 percentage points over the past two years — from 71% in 2024 to 58% this year. … ‘The new survey finding comes shortly after a Supreme Court ruling blocked the Trump administration from using the mailing agency to restrict voting by mail for the midterm elections.
'F.B.I. Shut Down Inquiry Into Top Ally of Senator Susan Collins' #ELB
N.Y. Times has its own story following upon Pro Publica’s report: ‘The F.B.I. in 2025 shut down an inquiry into allegations that a political adviser to Senator Susan Collins had participated in a scheme to funnel illegal campaign contributions from a defense contractor seeking lucrative federal contracts, current and former officials said.
'The Challenges for Legal Commentary in the Last Weeks Before Election Day' #ELB
Bob Bauer has a thoughtful and important essay as part of the NYU Democracy Project’s current series on this year’s midterms. I encourage everyone to read the whole thing. Here’s a bit of it: ‘…Trump’s rhetorical and legal assault on our voting systems warrants a healthy measure of concern, perhaps sometimes rising to a level of alarm. Putting before the public thoughtfully stated assessments of the threats and proposed responses is a service. The care with which it is done also matters.
'The Supreme Court refuses to become partisan in two fights over the midterms' #ELB
A new Justice, Democracy, and Law essay for SCOTUSblog (written before yesterday’s Eighth Circuit ruling, and none of the essay’s points is affected by that ruling), which begins: ‘People complain that the current Supreme Court is a partisan institution, with the six Republican appointees deciding cases based on their partisan beliefs. ‘But two recent and significant cases on the court’s emergency docket refute that complaint, or at least the most simplistic version of it.
'Appeals Court Sides With Missouri Republicans on Redrawn House Map' #ELB
N.Y. Times coverage of yesterday’s Eighth Circuit ruling contains this: ‘The decision cast fresh doubt on whether the eventual winners of those elections would be seated in Congress. … ‘Whatever happens now, officials from both parties have acknowledged, post-election lawsuits seem likely. … ‘Officials from both parties have predicted that losing candidates could challenge the general election results in court.
'The Eighth Circuit’s Missouri Redistricting Mishegas' #ELB
Steve Vladeck on the latest development in this Missouri saga: ‘It is exceedingly difficult to see how anything the Eighth Circuit said in its ruling tonight will alter [the Supreme Court’s earlier] calculus in the new map’s favor; if anything, the passage of time (and the distribution of ballots) only further augurs in favor of a stay—and of preserving the Missouri Supreme Court’s directive to use the 2022 map this November.
'Networks Suspend Pool Coverage of Trump After CNN Is Barred' #ELB
N.Y. Times live update: ‘The five networks that have suspended their pool coverage of President Trump — ABC, CBS, CNN, Fox News, and NBC — just issued a joint statement: “The public has a vital interest in receiving accurate, independent information about its government.
"Max Miller threatens legal action over Democratic challenger’s ‘defamatory’ ad" #ELB
POLITICO’s report with a link to the demand letter: ‘Rep. Max Miller is threatening legal action to block a television ad created by his Democratic challenger Brian Poindexter that includes allegations of domestic abuse. ‘A lawyer for Miller is demanding Cleveland-area television station WKYC stop publishing “false, malicious, and defamatory statements” in a cease-and-desist letter sent Thursday and shared with POLITICO by the Poindexter campaign.’
'California Cracks Down on Influencers’ Undisclosed Political Ads' #ELB
More details from the N.Y. Times on one of California’s new laws: ‘The state has required the disclosures for paid posts about state- and local-level campaigns since 2023, but until now, content creators couldn’t be fined or prosecuted if they failed to comply. Now, California campaign finance regulators are empowered to impose fines on influencers of up to $5,000 for each violation or to refer those violations to law enforcement as potential misdemeanors.
'Newsom Signs Bills Meant to Prevent Trump’s Interference in Midterms' #ELB
N.Y. Times: ‘Gov. Gavin Newsom signed legislation on Saturday that is meant to prevent interference in California’s midterm elections in response to efforts by President Trump and other Republicans to restrict voting participation. … ‘One bill prohibits the seizure of ballots, election records or voting technology before an election is certified.
'Russia Aims to Inject Chaos Into Elections, U.S. Intelligence Finds' #ELB
N.Y. Times: ‘Classified U.S. intelligence assessments from recent months have determined that the Kremlin has again authorized a digital influence campaign to peddle content across social media in hopes of seeding or amplifying domestic divisions around the election season, the officials said. ‘The assessments did not find evidence of attempts to take aim at voting machinery in a way that could compromise the actual voting process, the officials added.
'CNN, Politico and MS NOW Reporters Barred From White House' #ELB
N.Y. Times with live updates and details. This is not an election law story, narrowly defined, but it certainly is a law of democracy story. Democracies can’t exist without the press being able to cover the government in power without punishment.
'Trump’s Census Proposal Could Cut House Seats From Red States' #ELB
N.Y. Times: ‘If congressional seats were redistributed based on recent census figures, excluding undocumented immigrants and other noncitizens without green cards could cause Texas to lose a congressional seat it would otherwise have gained, according to a New York Times analysis. Minnesota, a blue-leaning state, could gain a seat.’ The article discuss two sets of estimates that yield somewhat different results, but both estimates have Texas losing one seat and Minnesota gaining one.
'Top DOJ official warned that prosecutors would be fired for not pursuing alleged voter fraud' #ELB
Carol Leonig and Ken Dilanian for MS NOW ‘A top Justice Department official warned managers in a recent conference call that federal prosecutors could be fired if they decline to investigate and pursue cases of reported election fraud, according to two people with knowledge of the call.
'To Protect Direct Democracy, Two States Mull a New Approach: Name It As a Right' #ELB
Bolts: ‘After years of attacks on voters’ power to take matters into their own hands, democracy advocates are going on the offensive in Montana and Missouri. They’ve placed constitutional amendments on the ballot to declare that people have a fundamental right to popular initiatives. ‘If voters approve these measures in November, Missouri and Montana would have some of the nation’s most robust constitutional protections for direct democracy, legal experts told Bolts.
'Civil Rights Groups Sue to Keep Armed Agents Away From Voting Sites' #ELB
N.Y. Times: ‘Civil rights groups and labor unions sued the Trump administration on Friday, asserting that its aggressive immigration enforcement and suggestions that it could send armed agents to polling sites amounted to voter intimidation and violated the Voting Rights Act. … ‘The lawsuit points specifically to the Trump administration’s recently expanded efforts to identify noncitizens registered to vote, despite no evidence of rampant voter fraud by noncitizens.
'‘My Money:’ Trump’s Claim That He Controls MAGA Super PAC Draws Watchdog Complaint' #ELB
N.Y. Times (Shane Goldmacher & Maggie Haberman): ‘President Trump has called the $400 million super PAC run by his political advisers “my money that I control.” A campaign watchdog group this week filed a formal complaint with the Federal Election Commission claiming that such an arrangement is illegal. ‘Federal law bars those holding federal office from directing spending decisions for a political organization with no contribution limits.
'Heeding ranked choice voting, candidates refine their strategies in Alaska governor’s race' #ELB
Very interesting article about Alaska’s gubernatorial election in the Anchorage Daily News (thanks to Rob Richie for the pointer): ‘Treg Taylor, a Republican who weeks ago vowed to be the “last line of defense against Lower 48 liberals who hate our way of life,” is now asking Democrats and independents to vote for him. ‘Jonathan Kreiss-Tomkins, the only remaining Democrat remaining in the race, is pledging to put Republicans in his cabinet.
'Why Russia Holds Elections, and How the Kremlin Gets the Results It Wants' #ELB
Interesting piece in the N.Y. Times about Russia’s upcoming parliamentary elections. I have no doubt that Russia’s elections are ersatz, but as an election lawscholar (an not a political scientist) I find it somewhat imprecise how to determine when an election is real and when it is not. In 2020, I wrote a law review article on the topic: Assessing the Validity of an Election’s Result: History, Theory, and Present Threats.
'Virginia Attorney General: D.H.S. May Have Broken State Laws in Voter Fraud Investigation' #ELB
N.Y. Times: ‘The attorney general of Virginia sent a letter on Thursday warning Markwayne Mullin, the homeland security secretary, that the department’s hunt for evidence of election fraud “potentially violates several Virginia laws” and demanding that the investigation cease immediately. … ‘Some states include clear proclamations that the sites and records are meant only for individual use. Virginia is among them.
'Montana Ban Would Strike at Political Spending, and the Supreme Court' #ELB
N.Y. Times: ‘Voter disgust over an avalanche of political spending by corporations, labor unions and other special-interest groups is driving support for a possible ban on “dark money” in Montana, which could test a landmark Supreme Court decision. ‘The ballot measure has strong backers from across the political spectrum, including a well-known former Republican governor and Democratic senator who have campaigned for it together.
'Appeals court considers reviving Missouri redistricting fight, citing murky Supreme Court orders' #ELB
Josh Gerstein and Kyle Cheney for POLITICO: ‘Though the high court’s order last week appeared to be the death knell for the GOP-led redistricting measure — once expected to net Republicans one additional seat — a panel of the 8th Circuit Court of Appeals attempted to breathe new life into the issue, suggesting the justices may have been hoping for one more chance to address the matter.
'More than 34 million Americans have been impacted by mid-decade redistricting' #ELB
A new Protect Democracy report, with this summary: Gerrymandering whiplash we see today has six main potential consequences: Severed electoral accountability and representation. Elected leaders running for reelection are meant to be evaluated, at least in part, based on the job they did in office. When a person’s representative changes like this, voters no longer have any reference point with which to evaluate their candidates. Ballot confusion and default to partisanship.
'Postal Service chief says work stopped on computer system key to Trump effort to limit mail voting' #ELB
AP interview: ‘The top official at the U.S. Postal Service said Thursday that the agency has stopped work on developing a controversial computer system that was central to President Donald Trump’s effort to limit mail voting after the Supreme Court rejected his executive order this week. ‘“There’s an injunction so we’re not doing anything,” postmaster general David Steiner told The Associated Press in an interview.
"Democrats Hope Voting Rights Decision Will Drive Black Turnout in South" #ELB
N.Y. Times: ‘Across the South, from the Mississippi Delta to Georgia’s suburbs, Black Democratic candidates are imploring Black voters to rise up and secure the representation this November that they were expected to be denied with the gutting of the Voting Rights Act.’ The article then proceeds to discuss Senate and gubernatorial elections that weren’t affected by Callais (although of course increased Black turnout in statewide races could help Democrats win those as well as improved their...
"Congress May Be Broken Beyond Repair. Lawmakers Told Us How It Happened." #ELB
Robert Draper for the N.Y. Times: ‘Few Americans — including members of Congress themselves — believe that the legislative branch is fulfilling its duties as the founders intended.
'Fewer than Half of Americans Expect Free and Fair Midterms' #ELB
A US San Diego survey: ‘Only 49% of Americans answered “Yes” when asked “Do you expect that the upcoming midterm elections held in November 2026 will be free and fair elections?” in a new national survey conducted from September 1-9, 2026. 23% responded “No” and 28% said “I don’t know.” This uncertainty about what used to be taken for granted in the United States reflects an array of concerns about elections. Some concerns are shared widely while others show deep splits across party lines.
'Lawyers argue over South Dakota’s notification letters to voters registered as federal-only' #ELB
South Dakota Searchlight reports: ‘A federal judge will decide whether South Dakota’s secretary of state is violating the U.S. Constitution with allegedly misleading letters to voters registered as federal-only, and by allegedly failing to tell them how to change their status.’ The story has more details.
"The Ballots & Bots: Defending Democracy, Elections, and Public Trust in the Age of AI" #ELB
There’s an online option for this conference by Catawba College’s Center for North Carolina Politics & Public Service and the Task Force for American Democracy, to be held on Monday, September 28.
'Election officials prepare for chaos as Trump seeks to tilt the midterms toRepublicans' #ELB
Reuters with a comprehensive report: ‘Two months before Americans vote in midterm elections that could reshape the balance of power in Washington, local and stateofficials across the country are rehearsing for a crisis that once seemed unthinkable: ‘What if the U.S. president tries to use the power of the federal government to tilt the vote his way?
"The Right to Vote in Free and Fair Elections" #ELB
KBJ Warns of a “Kafkaesque Nightmare” After a Pro-Trump Supreme Court Ruling on Mail Voting. We’ll Know Soon Enough, Slate, Aug. 24, 2026 Kalshi Says It’s “Voter Suppression” to Ban Betting on Elections. LOL, Slate, July 27, 2026 The Supreme Court’s New 6–3 Elections Case Was Not Nearly As Bad As Expected, Slate, June 30, 2026 The Supreme Court Rejected a Bonkers Idea About Voting by a 5–4 Margin.
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