Archived Postings

Commentary on the latest developments in election law.

2019

• Apr. 1 - Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test (Foley)
• Mar. 13 - The Gerrymandering Cases (Foley)

2018

• Dec. 9 - The Perils of Voting by Mail (Huefner)
• Nov. 9 - Counting Ballots Pursuant to Law is Not Stealing an Election (Huefner)
• Apr. 16 - A Special Master for the Cohen Case? (Foley)
• Mar. 29 - One Theory or Several? (Foley)
• Jan. 26 - Filibusters are not for shutdowns (Foley)

2017

• Oct. 31 - Flagging Online Falsehoods (Foley)
• Oct. 3 - Of X-Rays, CT Scans, and Gerrymanders (Foley)
• Sep. 29 - The Oral Argument in the Gerrymandering Case: Questions That Could Matter (Foley)
• Sep. 12 - The Missing Link in Gerrymandering Jurisprudence (Foley)
• July 13 - The Vare Precedent in the Senate—and Its Relevance to the Trump-Russia Inquiry (Foley)
• Jan. 13 - The Electoral Fix We Really Need (Foley)

2016

• Dec. 7 - Accuracy About Voting—Needed on Both Sides of Debate (Foley)
• Nov. 22 - North Carolina’s disputed race for governor: historical context (Foley)
• Nov. 9 - The Vote-Counting Wasn’t Rigged, But is the System Still Flawed? (Foley)
• Nov. 9 - What if there is a 269-269 tie … and a faithless elector? (Foley)
• Nov. 8 - Nevada Early Voting: Analysis of Issues (Foley)
• Nov. 8 - Trump Campaign’s Nevada Lawsuit Also Raises Potential Federal Law Issue (Huefner)
• Nov. 7 - Intimidation, Speech, and the Vote: Some Key States’ Laws (Tokaji)
• Nov. 6 - Faithless electors: what happens if they matter? (Foley)
• Nov. 6 - Voters in Line When Polls Close Get to Vote (Foley)
• Nov. 4 - The Perils of Allowing Absentee Ballot Harvesting (Huefner)
• Oct. 18 - The Claim that the Media is Rigging the Election--and Citizens United (Foley)
• Oct. 14 - If Trump Never Concedes ... (Foley)
• Oct. 10 - Hurricanes and Voting Rights (Foley)
• Oct. 8 - When Should Early Voting Begin?: Lessons from the Current State of Distress over the Trump Campaign (Huefner)
• Oct. 7 - GOP repudiation of Trump before 11/8? If so, then what? ()
• Oct. 5 - Presidential and congressional elections; Amar's "sunrise" idea (Foley)
• Oct. 3 - Election Law Priorities? Fixing Presidential Elections? (Foley)
• Sep. 21 - The Supreme Court and the RIght to Vote (Tokaji)
• Sep. 14 - The Sixth Circuit's Distinction between Absentee and Provisional Ballots: Why? (Foley)
• June 13 - When Should a Voter’s “Clerical Error” Invalidate a Ballot? (Foley)
• May 31 - A Tale of Two Swing States (Foley)
• Feb. 17 - Is Ted Cruz Eligible to Be President? Let’s Find Out (Tokaji)

2015

• Dec. 21 - Publication of new BALLOT BATTLES book (Foley)
• June 29 - The Constitution Needed a Judicial Assist (Foley)
• June 23 - Tokaji's Testimony re Ohio's Initiated Constitutional Amendment Process (Tokaji)

2014

• Nov. 5 - NC Supreme Court Recount Could Be Legal Focal Point (Foley)
• Nov. 4 - Imperfect Remedies for Election Problems (Huefner)
• Nov. 4 - Could New Voting Restrictions Determine Control of the Senate? (Tokaji)
• Nov. 4 - More on Connecticut Registration List Issues [Updated] (Huefner)
• Nov. 4 - I Experienced Poll Worker Error [Updated] (Foley)
• Oct. 14 - Reshaping the Rules for Voting: How Two Different Eras Compare (Stebenne)
• Oct. 10 - The Voting Rights Act & Judicial Equity (Foley)
• Oct. 9 - Law Students: Preparing to be Stewards of the Civic Trust (Wallace)
• Oct. 8 - Judge Easterbook on the Voting Rights Act: Asking Good Questions, Making Bad Law (Elmendorf)
• Oct. 6 - A Comparison of North Carolina and Ohio (and Wisconsin) (Foley)
• Oct. 2 - Changing Voting Rules After Ballots Are Cast (Foley)
• Sep. 30 - An Ominous Supreme Court Decision (Tokaji)
• Sep. 29 - Why the Supreme Court Shouldn’t Intervene in Ohio (Tokaji)
• Sep. 28 - Ohio Early Voting in the Supreme Court (Foley)
• Sep. 25 - Context and Pretext: Why the Courts Were Right to Halt Ohio’s Latest Voting Restrictions (Tokaji)
• Sep. 18 - Election Law @ Moritz is 10 Years Old! (Foley)
• Sep. 4 - Ohio Early Voting Case: A Potential Precedent-Setter (Foley)
• Aug. 27 - What's the Matter with Kobach? (Tokaji)

2013

• Nov. 10 - Of Bouncing Balls and a Big Blue Shift (Foley)
• Oct. 1 - Law as Tiller, Justice as Compass: A Tribute to Tom Moyer (Foley)
• Aug. 12 - What We Could Do With a National Citizens' Initiative: Control Pay! (Oesterle)
• June 18 - Arizona: Voter Registration and the Road Ahead (Levitt)
• May 21 - FAQ on social welfare organizations (Tobin)
• Feb. 19 - Silence of the Lambs (Oesterle)

2012

• Dec. 17 - Numbers Show Ohio at Unique Risk of Disputed Presidential Votes (Foley)
• Nov. 19 - French vote-counting dispute (Foley)
• Nov. 7 - Why Obama Won Ohio -- and the Election (Stebenne)
• Nov. 7 - "By the way, we have to fix that" (Foley)
• Nov. 6 - Thinking about Some Possible Ohio Numbers (Foley)
• Nov. 6 - Discouraging Election Contests (Douglas)
• Nov. 5 - Ohio 2012: What to Watch for (Tokaji)
• Nov. 4 - New Dispute over Ohio's Provisional Voting Procedures (Foley)
• Nov. 2 - The Counting Rules for Overtime: Materiality (Levitt)
• Oct. 30 - The Identity of Provisional Voters: Private or Public? (An Issue That Might Emerge Early in Overtime) (Foley)
• Oct. 30 - Sandy Colloquy 5: Making Every Effort to Vote On-time (Stebenne)
• Oct. 30 - Sandy Colloquy 4: Hurricane Sandy, the 2012 Election, and Some Room for Compromise (Douglas)
• Oct. 30 - Sandy Colloquy 3: Unintended Consequences (Fortier)
• Oct. 29 - Sandy Colloquy 2: Can Paper Save Election Day from Sandy? (Foley)
• Oct. 29 - Sandy Colloquy 1: Could Election Day Be Washed Out? (Fortier)
• Oct. 27 - How to Avoid Electoral Alarmism: The Relevance of 1884 and 1916 (Foley)
• Oct. 25 - Resolving an Election In Extra Innings (Huefner)
• Oct. 24 - Why Florida Should Not Be the “Next Florida”: Fixing the Debacle In Palm Beach County (Douglas)
• Oct. 22 - What If . . . (Foley)
• Oct. 14 - Why Supreme Court Nonpartisanship Is Important in the Ohio Early Voting Lawsuit (Foley)
• Oct. 11 - “Right Church, Wrong Pew” Ballots Must Count: a Cause for Celebration (Foley)
• Oct. 11 - Ohio Early Voting Rules at the Supreme Court: The Possibility of a Nonpartisan Decision (Foley)
• Oct. 8 - The Soundness of the Equal Protection Holding in the Ohio Early Voting Decision (Douglas)
• Oct. 7 - The “Equitable” Aspect of the Sixth Circuit’s Early Voting Decision (Foley)
• Oct. 2 - New Swing State Website Tool (Among Today's Voting Law News) (Foley)
• Sep. 30 - Two Big Cases Ready for Major Appellate Rulings (Foley)
• Sep. 7 - Michael Kang Responds to Foley on Obama for America Non-Retrogression Principle (Kang)
• Sep. 6 - Non-Retrogression, Equal Protection, and Ohio’s Early Voting Case (Foley)
• Aug. 31 - OFA v. Husted: Understanding Today's Decision (Huefner)
• Aug. 27 - The Court's Provisional Ballot Ruling: Preliminary Analysis (Foley)
• Aug. 18 - Will the Voting Rules Affect Which Candidate Wins? (Foley)
• Aug. 16 - Analyzing a “Voting Wars” Trifecta (Foley)
• June 4 - Florida’s Voter Purge … and The Federalist Papers (Foley)
• Apr. 26 - Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments (Wolfe)
• Apr. 3 - Thoughts on HB 194 and Ohio's Referendum Process (Enns)
• Feb. 7 - A Poster Child for Dysfunctional Districting (Tokaji)
• Jan. 4 - Looking Ahead to the End of this New Year (Foley)

2011

• May 13 - The Application of the Gift Tax Provisions in the Internal Revenue Code to § 501(c)(4) Organizations (Tobin)
• Apr. 13 - Is Intent to Discriminate Required in Bush v. Gore Cases? (Wolfe)
• Apr. 6 - Potential Wisconsin Recount: Initial Thoughts (Foley)
• Mar. 21 - Ohio's New Disenfranchisement Bill (Tokaji)
• Jan. 28 - Reflections on Footnote 24 of the 6th Circuit Hunter Decision (Stewart III)
• Jan. 28 - Reviving Equality in Campaign Finance: What the U.S. Can Learn from Canada (Tokaji)
• Jan. 27 - A Major Ruling on the Meaning of Bush v. Gore (Foley)
• Jan. 27 - Rahm Emanuel and Procedural Fairness (Douglas)
• Jan. 20 - Two More Thoughts About Ohio's Provisional Ballot Case (Foley)
• Jan. 19 - Questions for Counsel in Ohio’s Provisional Ballot Case (Foley)
• Jan. 17 - Ohio Provisional Ballots: Do Two Wrongs Make a Right? (Douglas)
• Jan. 14 - Ohio Provisional Ballot Case: What Is Going On? (Foley)

2010

• Dec. 9 - Bush v. Gore in Historical Perspective (Foley)
• Dec. 9 - The Founders' Bush v. Gore (Foley)
• Dec. 7 - Minnesota Supreme Court Settles Reconciliation Issue (Foley)
• Dec. 3 - A Note on Reconcilation in Minnesota (Foley)
• Nov. 30 - Looking Backward: Instant Runoff Voting in the 2010 Midterm Elections (Oles)
• Nov. 16 - The 2010 Statewide Ballot Issues (Oesterle)
• Nov. 8 - The Election of 1960 Fifty Years Later (Stebenne)
• Nov. 3 - Echoes of New York’s “Stolen Senate”? (Foley)
• Nov. 3 - This Morning's View (Foley)
• Nov. 2 - Close Elections Are Healthy - If We Trust the Refs (Foley)
• Nov. 1 - Election Day 2010: What We'll Be Watching (Tokaji)
• Oct. 26 - Instant Runoff Voting as a "Game Changing" Alternative Voting System? (Oles)
• Oct. 20 - More Voting by Mail? First, Consider the Hidden Costs (Stewart III)
• Oct. 12 - Reinforcing Voting as a Communal Act (Enns)
• Oct. 5 - The Rise of 501(c)(4)s in campaign activity: Are they as clever as they think? (Tobin)
• Oct. 4 - Thoughts on the Alabama Indictments (Tobin)
• Sep. 28 - The Persistence of Partisan Election Administration (Tokaji)
• Sep. 21 - Protecting the Voting Rights of Military and Overseas Voters (Huefner)
• Sep. 15 - New York’s Voting Problems: Is It Possible to Be Both Nonpartisan and Competent? (Foley)
• Sep. 14 - Top-10 List and Top-Two Candidates: Some Thoughts on This Election Season (Foley)
• July 2 - Doe v. Reed a Disappointment on Several Fronts (Oesterle)
• Apr. 12 - Two Problems with the New Challenge to Section 5 (Tokaji)
• Mar. 31 - The Occlusion of Equality in Campaign Finance Law (Tokaji)
• Jan. 22 - Citizens United: A Long-Term Perspective (Foley)

2009

• Dec. 11 - The Swiss Initiative on Minarets (Oesterle)
• Nov. 5 - Uncounted Ballots: A Measure of Vulnerability (Foley)
• Oct. 20 - Election Commissions and Supreme Courts (Foley)
• Sep. 9 - Line-drawing after Overruling Austin (Foley)
• Aug. 1 - Line-Drawing and a Proposed Constitutional Truce (Foley)
• July 31 - Citizens United, Stare Decisis, and Democracy (Foley)
• July 1 - The Rhetoric of a "Stolen" Election (Foley)
• June 30 - Impressive Unanimity: the Historical Significance of Coleman v. Franken (Foley)
• June 1 - Conscientious Judging on Display (Foley)
• May 14 - Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal (Foley)
• May 5 - State Law Issues Loom Large in Coleman v. Franken Appeal (Foley)
• Apr. 21 - Speculations about Equal Protection: The Difficulties of Principled Line-Drawing (Foley)
• Apr. 14 - Out from the Shadows of Bush v. Gore (Foley)
• Apr. 1 - Situation Normal: Election Too Close to Call (Foley)
• Mar. 31 - Unsurprising Ruling Does Not End Minnesota Senate Case (Foley)
• Mar. 19 - The Original Bush v. Gore: An Historical Perspective on Disputed Elections (Foley)
• Mar. 17 - Reluctance to Void Elections - Some Memorable Cases (Cemenska)
• Mar. 11 - What has to happen to unring this Bell? (Cherry)
• Mar. 2 - Un-counting votes in Minnesota’s U.S. Senate race (Cherry)
• Feb. 25 - Coin-flipping: Is it a good idea? (Cemenska)
• Feb. 19 - An Extra “Equal Protection” Thought: Local Policy or Local Mistakes? (Foley)
• Feb. 16 - A Victory for the Rule of Law (Foley)
• Feb. 12 - Minnesota Law and Federal Equal Protection (Foley)
• Feb. 12 - In the Coleman-Franken Contest, the Three-Judge Court Will Now Be Tested (Foley)
• Feb. 4 - Understanding Yesterday’s Rulings in Coleman v. Franken (Foley)
• Jan. 22 - MN Contest Court Off to a Good Start (Foley)
• Jan. 20 - Inauguration Day (Foley)
• Jan. 15 - MN Analysis: Allegations of Double-Counted Duplicates (Cemenska)
• Jan. 15 - Electoral Reforms Must Include New Endgame (Foley)
• Jan. 12 - Analysis of Coleman Claim Re: Uninitialed Ballots (Cemenska)
• Jan. 7 - Who Will Judge the Minnesota Contest? (Foley)

2008

• Dec. 23 - What to Tell an Electoral Elf (Foley)
• Dec. 9 - If the Minnesota Recount Involved a Presidential Race… (Foley)
• Nov. 26 - New Bush v. Gore Precedent (Foley)
• Nov. 25 - Eyes Now Turn to Ohio Supreme Court (Foley)
• Nov. 18 - In '62, Minnesota set the recount standard (Foley)
• Nov. 17 - A Visible Reason that Precludes a Victory Lap (Foley)
• Nov. 10 - Voting next time—and in 2020 (Foley)
• Nov. 5 - Minnesota under the Microscope (Foley)
• Nov. 4 - Four Sub-Categories of Uncounted Ballots (Foley)
• Nov. 3 - Pennsylvania officials fear electoral flood tomorrow (Foley)
• Nov. 3 - Only in Ohio (Colker)
• Nov. 1 - 3 Things I'm Watching For (Foley)
• Oct. 30 - Post-Election Contests: Four States to Watch (Cemenska)
• Oct. 30 - McCain v. Obama: What's Next? (Elmendorf)
• Oct. 29 - Waiting for a Presidential Winner: The Lessons of 1884 and 1916 (Foley)
• Oct. 29 - The Ohio Ballot Experiment of 2008 (Kimball)
• Oct. 28 - Unanimous Decision in McCain v. Obama (hypothetical) (Foley)
• Oct. 22 - The Latest from the Land of [Election] Litigation (Foley)
• Oct. 19 - Understanding the Supreme Court’s Decision in Brunner v Ohio Republican Party (Oesterle)
• Oct. 17 - ORP v. Brunner: What is at stake? (Cemenska)
• Oct. 15 - The Need for a Structurally Nonpartisan Tribunal (Foley)
• Oct. 9 - Purges & Provisional Ballots (Foley)
• Oct. 7 - The First Bush v. Gore — and the Next:
  New York's Election of 1792 & Its Continuing Relevance (Foley)
• Sep. 23 - McCain v. Obama, a U.S. Supreme Court hypothetical (one hopes) (Foley)
• Sep. 22 - McCain Likely to Win Ballot Request Fight (Cemenska)
• Sep. 9 - EL@M Publishes Major New Research (Cemenska)
• Aug. 26 - Social Initiatives on State Ballots (Oesterle)
• Aug. 12 - Do We Need a Box for "Abstain"? (Oesterle)
• July 29 - Bipartisanship in Election Administration: Is There Enough? (Cemenska)
• July 15 - Regulation of voter registration drives: Will there be further litigation? (Cemenska)
• July 1 - Registration Bottlenecks: Will They Be a Problem in ’08? (Cemenska)
• June 17 - Election-Day Emergencies: Are We Prepared? (Cemenska)
• June 3 - Are We Condemned to Repeat It? (Tokaji)
• May 20 - A November Hypothetical (Foley)
• May 6 - Judicial Review of Electoral Mechanics After Crawford (Elmendorf)
• Apr. 29 - Crawford and the Amicus Court: Further Support for a Non-Partisan Advisory Tribunal (Foley)
• Apr. 29 - Crawford: It Could Have Been Worse (Tokaji)
• Apr. 28 - Setting an Example of Non-Partisan Judging: An 'Amicus Court' for Election Cases (Foley)
• Apr. 15 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 3) (Foley)
• Apr. 1 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 2) (Foley)
• Mar. 18 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Foley)
• Mar. 5 - Unjustified Federal Court Extension of Polling Hours (Foley)
• Mar. 4 - Cross-over voting under Ohio law (Foley)
• Mar. 3 - Ohio Paper Ballots Done Right (Cemenska)
• Feb. 25 - "Central Counting" of Paper Ballots in Ohio (Foley)
• Feb. 19 - Administering the March 4 Primary in Ohio (Foley)
• Feb. 6 - Super Tuesday and Provisional Ballots (Foley)
• Feb. 5 - The Potential Election Administration Challenges of Super Tuesday 2008 (Huefner)
• Jan. 22 - On Lopez Torres and Line Drawing (Elmendorf)
• Jan. 9 - Oral Argument in Voter ID Case: Initial Impressions (Foley)
• Jan. 8 - The Amicus Briefs in the Indiana Voter Identification Case: I read... so you don't have to (Pitts)
• Jan. 3 - EL@M Announces New Interactive Map Feature (Cemenska)

2007

• Dec. 20 - More Planning Needed to Prepare for '08 Election (Huefner, Tokaji, and Foley)
• Dec. 19 - Look to Minnesota for vote-counting solution (Foley)
• Dec. 11 - Ohio provisional ballots: Could they determine our next President? (Cemenska)
• Nov. 27 - Quality of Election Administration Varies Among Great Lake States (Forthcoming Report: From Registration to Recounts) (Huefner, Tokaji, and Foley)
• Nov. 13 - You Can't Predict, You Can Only Plan: More Lessons From Ohio (Enns)
• Nov. 2 - Refining the Bush v. Gore Taxonomy (Foley)
• Oct. 30 - AVBM: What If We Could Make It Fraud-Proof? (Cemenska)
• Oct. 23 - Don't Play Poker with All Saints Church (Tobin)
• Oct. 2 - The Supreme Court and Election Law: In Search of Doctrinal Specificity (Foley)
• Sep. 18 - What Congress Should Be Talking About (Tokaji)
• Sep. 4 - Super-Duper Tuesday: What Does It Mean for Election Administration? (Cemenska)
• July 3 - Precedent and Judicial Responsibility (Foley)
• June 19 - A Model Court for Contested Elections (Or, the “Field of Dreams” Approach to Election Law Reform) (Foley)
• June 5 - Money for Data: Funding the Oldest Unfunded Mandate (Tokaji)
• May 22 - The Politics of Justice (Tokaji)
• May 8 - Auditing a State’s Laws for Resolving Election Contests (Foley)
• Apr. 24 - Courts Need to Keep a Skeptical Eye on New Voter Identification Laws (Hasen)
• Apr. 10 - Running Elections in Cuyahoga County Next Year (Foley)
• Apr. 5 - The Future of Bush v. Gore (Foley)
• Mar. 27 - The Secretary of State's Complaint Against the Cuyahoga County Board of Elections (Enns)
• Mar. 13 - Early Voting in 2008 (Tokaji)
• Feb. 27 - AVBM: Let's See How It Would Work in Ohio (Cemenska)
• Feb. 14 - A Bipartisan Way to Settle a Disputed Presidential Election in Ohio? (Foley)
• Feb. 13 - The Nation's Interest in Ohio's New Secretary of State (Foley)
• Jan. 30 - The Democracy Index: A Reply (Gerken)
• Jan. 16 - Designing the Democracy Index (Foley)

2006

• Dec. 19 - Political Campaigning by Churches and Charities (Tobin)
• Dec. 19 - Election Reform's Top Priority: Changing the Electoral College Calendar (Foley)
• Dec. 12 - Happy Birthday, Bush v. Gore (Foley)
• Dec. 5 - Timing is Everything (Foley)
• Nov. 28 - OH-15: Legal Issues in Recount (Foley)
• Nov. 28 - Congress Turns to Election Administration (Tokaji)
• Nov. 22 - Redistricting Reform: Back on the Agenda (Foley)
• Nov. 22 - OH-15: 500 Provisional Ballots Invalidated (Foley)
• Nov. 21 - Election Night: Do We Really Need to Know Results Before We Can Sleep? (Enns)
• Nov. 14 - Local Blackouts on the Electoral Grid (Foley)
• Nov. 8 - Montana: Recount and Contest Laws (Foley)
• Nov. 8 - Ohio: Wednesday Morning, 3:00am (Foley)
• Nov. 7 - Be Thankful If It’s All Over By Thanksgiving (Foley)
• Nov. 6 - The Adversarial Legal System at Work (Foley)
• Nov. 5 - Transparency Promotes Trust (Foley)
• Nov. 2 - Serious Issues Surface in Maryland (Foley)
• Oct. 31 - Appellate Opinion in ID Case: No Pre-Voting Remedy Needed (Foley)
• Oct. 31 - The South Dakota Referendum on Abortion: An Alternative to Court Review? (Oesterle)
• Oct. 31 - Recount Redux?: What Might Happen in a Close Election (Tokaji)
• Oct. 28 - Ohio's ID Rules in the Appeals Court: What Next? (Foley)
• Oct. 27 - Two Details of TRO in Ohio ID Case (Foley)
• Oct. 27 - TRO in Ohio Voter ID Case: Initial Thoughts (Foley)
• Oct. 25 - ID Disparities & Post-Voting Review of Provisional or Absentee Ballots (Foley)
• Oct. 24 - Purcell's Implications on Pre-Election Litigation (Huefner)
• Oct. 23 - Late Delivery of Registration Forms (Foley)
• Oct. 23 - Absentee Ballots in Close Elections: Will They Provide Grounds for a Contest? (Foley)
• Oct. 17 - The Machinery of Democratic Accessibility (Colker)
• Oct. 10 - How to Identify a Successful Election (Foley)
• Oct. 3 - Ohio's Expanded Absentee Voting Rules: Some Thoughts on Their Impact (Enns)
• Sept. 26 - The IRS and All Saints Church: Tax Procedure in a Case about the Mixing of Religion and Politics (Tobin)
• Sept. 19 - In Praise of Pre-Election Litigation (Tokaji)
• Sept. 12 - Burdick or Carrington?: "Fencing Out" and the Voter ID Litigation (Elmendorf)
• Sept. 5 - Will the Election System Function Properly This Year? (Foley)
• July 25 - Ohio is not Mexico, but... (Foley)
• July 18 - Thinking About Democracy: Justice Stevens and the Roberts Court (Tokaji)
• July 11 - The Risks of Wedge Citizen Initiatives (Oesterle)
• July 3 - Justice Kennedy Deserves Praise, Part II (Foley)
• June 27 - The Importance of Randall's Indecisiveness (Foley)
• June 20 - Voting Rights Act Preclearance: Why Process Matters (Tokaji)
• June 13 - Online Voter Registration is the Answer (Foley)
• June 6 - AWay to Rescue Redistricting Reform (Foley)
• May 30 - Administering the New Voter ID Rule Reasonably (Stebenne)
• May 23 - Ballot Initiatives: Use By Political Parties (Oesterle)
• May 16 - Democracy's Revenge? Bush v. Gore and the National Popular Vote (Shane)
• May 9 - Electoral Laments in Major and Minor Keys (Foley)
• May 2 - Welcome to the Machines: Election Day in Ohio (Tokaji)
• Apr. 25 - Primary Challenges (Enns)
• Apr. 18 - The Future of Accessible Voting: A Crossroad? (Colker)
• Apr. 11 - The Example of Commissioner Martinez
• Apr. 4 - A Review of the Transcript in the Texas Redistricting Case (Foley)
• Mar. 28 - Will the Expansion of Absentee Voting Yield an Increase in Abuse? (Foley)
• Mar. 21 - Statewide Registration Lists: The Most Important Election Reform? (Tokaji)
• Mar. 14 - Voting Technology: Beyond HAVA, Beyond Paper (Tokaji)
• Mar. 7 - Incrementalist Election Law? (Foley)
• Feb. 21 - The Roberts Court and the Law of Democracy (Tokaji)
• Feb. 14 - Doubleheader Tests the Court's Impartiality: EL@M to host Electronic Roundtable on Pending Pair (Foley)
• Feb. 7 - The Remand in WRTL (Foley)
• Jan. 31 - Campaign Intervention by 501(c)(3) Organizations (Tobin)
• Jan. 24 - Exit Polling's Impact on Voter Confidence (Enns)
• Jan. 17 - The Roberts Court and Precedent: An Early Test in the Context of Campaign Finance (Foley)
• Jan. 10 - Echoes of Bush v. Gore: Courts Are Not Always the Right Forum for Election Contests (Huefner)
• Jan. 3 - Will Election Law Become Clearer This Year? (Foley)

2005

• Dec. 13 - Ohio's ID Proposal: More Harm Than Good (Tokaji)
• Dec. 6 - Too Little, Too Late (Colker)
• Nov. 29 - The Federalism Defect in the Prosecution of Tom DeLay (Foley)
• Nov. 22 - The IRS and Secret Campaign Regulation (Tobin)
• Nov. 15 - Future Redistricting Reform Must Learn From This Year's Mistakes (Foley)
• Nov. 8 - The Ten Most Urgent Election Reforms (Foley)
• Nov. 1 - Issue 3 is a Big Mistake (Foley)
• Oct. 25 - Redistricting, Electoral Competition, and Citizen Control (Huefner)
• Oct. 18 - The Moneyball Approach to Election Reform (Tokaji)
• Oct. 11 - Ohio's Dramatic Citizen Initiative: "Reform Ohio Now" (Oesterle)
• Oct. 4 - Federal Courts Should Not Run State Elections (Foley)
• Sept. 27 - Unhappy Trails in California (Tokaji)
• Sept. 20 - The Carter-Baker Report: Two Wrongs Don't Make a Right (Tokaji)
• Sept. 13 - How to Hire a Fair Election Law Umpire? (Foley)
• Sept. 6 - Is There a Middle Ground in the Voter ID Debate? (Foley)
• July 26 - Goodbye Mr. Smith, and Welcome Back to Ohio
• July 19 - What Should the New Justice Do About Campaign Finance? (Foley)
• July 12 - Sharing the Burden: Some Thoughts on Voter Registration Lists (Enns)
• July 5 - Fact-Specific Election Law (Foley)
• June 28 - I Want My MTV ... Mayor! (Fairman)
• June 21 - Are Election Reforms Increasing the Margin of Litigation? (Tokaji)
• June 14 - A Bad Bill, With Some Good Things in It (Tokaji)
• June 7 - Refusing to Unseat a Governor Despite a Flawed Election (Foley)
• May 31 - A Fiduciary Conception of Democracy (Foley)
• May 24 - The People and their Constitution (Foley)
• May 17 - The Filibuster and Democracy (Foley)
• May 10 - Ohio Considers Election Reform - Part II (Tokaji)
• May 3 - Ohio Considers Election Reform - Part I (Tokaji)
• Apr. 26 - The Work Ahead (Huefner)
• Apr. 19 - Debate Over Campaign Finance Reform in Ohio Prompts Question: Is Disclosure Enough? (Enns)
• Apr. 12 - ID and the Right to Vote (Tokaji)
• Apr. 5 - The Provisional Ballots of Unregistered Voters (Foley)
• Mar. 29 - Verifying Voter Registration Lists, Part 2 (Foley)
• Mar. 22 - Verifying Voter Registration Lists (Foley)
• Mar. 15 - The Problems with Early Voting (Stebenne)
• Mar. 8 - Thoughts on Gerrymandering (Oesterle)
• Mar. 1 - Election Reform: The Process Matters (Enns)
• Feb. 22 - New 527 Bill Plugs Some Major Holes, but is it Constitutional? (Tobin)
• Feb. 15 - Independent Election Administration (Huefner)
• Feb. 8 - How Did Ohio's Voting Equipment Fare in 2004? (Tokaji)
• Feb. 1 - Making Mock Elections Real (Beazley)
• Jan. 25 - When to Redo an Election? (Foley)
• Jan. 18 - Ohio's Disabled Voters: Ignored Again (Colker)

2004

• Dec. 21 - Minimizing the Need for Provisional Ballots: A Reform Worth Wishing For (Foley)
• Dec. 14 - The Legislature Can Do Better and the Citizens of Ohio Deserve Better (Tobin)
• Dec. 7 - Investing in Politicians to Boost Corporate Profits (Foley)
• Nov. 30 - Reforming the Timetable for the Electoral College Process (Huefner)
• Nov. 23 - Voters with Disabilities: The Potential Swing Vote in the Presidential Election (Colker)
• Nov. 17 - When Should a Presidential Election Be Over? (Foley)
• Oct. 19 - Two Weeks Before Election Day, and Yet... (Enns)
• Oct. 12 - Signs of High Turnout Signal Need for Prepared Poll Workers (Stebenne)
• Oct. 5 - Blackwell's Mixed Record So Far (Foley)
• Sept. 28 - Let the Sunshine In (Foley)
• Sept. 21 - Lying to Win (Foley & Tobin)
• Sept. 14 - Better Voter Training Through Television (Beazley)
• Sept. 7 - The Power of the Airwaves and the Power of the Vote (Beazley)
• August 31 - Partisan Gerrymandering and the Impoverishment of Politics (Huefner)
• August 24 - Point-Counterpoint on Election Activities of Churches and Charities (Samansky & Tobin)
• August 17 - Election of State Court Judges: The Ohio Experience (Oesterle)
• August 10 - What if Bush Again Wins without the Popular Vote? (Stebenne)
• August 3 - Are Our Democratic Instincts Atrophying? (Shane)
• July 27 - The Paper Trail (Tokaji)
• July 20 - Welcome to Election Law @ Moritz (Foley)
• July 13 - Judges and Elections (Oesterle)
• July 6 - Election Law 5-to-4 (Foley)
• June 29 - Comparing Two Cases (Foley)
• June 22 - The Missed Opportunity of Vieth (Foley)
• June 15 - The Necessity of Law for Democracy (Foley)