Edward B. Foley

Chief Justice Thomas J. Moyer Professor for the Administration of Justice and the Rule of Law; Director, Election Law @ Moritz

Phone: (614) 292-4288
Email: foley.33@osu.edu
Office: Drinko 465

Education
B.A., Yale University, History, 1983 (magna cum laude)
J.D., Columbia University School of Law, 1986

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.

2019

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

2018

• Apr. 16 - A Special Master for the Cohen Case?
• Mar. 29 - One Theory or Several?
• Jan. 26 - Filibusters are not for shutdowns

2017

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

2016

• Dec. 7 - Accuracy About Voting—Needed on Both Sides of Debate
• Nov. 22 - North Carolina’s disputed race for governor: historical context
• Nov. 9 - The Vote-Counting Wasn’t Rigged, But is the System Still Flawed?
• Nov. 9 - What if there is a 269-269 tie … and a faithless elector?
• Nov. 8 - Nevada Early Voting: Analysis of Issues
• Nov. 6 - Faithless electors: what happens if they matter?
• Nov. 6 - Voters in Line When Polls Close Get to Vote
• Oct. 18 - The Claim that the Media is Rigging the Election--and Citizens United
• Oct. 14 - If Trump Never Concedes ...
• Oct. 10 - Hurricanes and Voting Rights
• Oct. 5 - Presidential and congressional elections; Amar's "sunrise" idea
• Oct. 3 - Election Law Priorities? Fixing Presidential Elections?
• Sep. 14 - The Sixth Circuit's Distinction between Absentee and Provisional Ballots: Why?
• June 13 - When Should a Voter’s “Clerical Error” Invalidate a Ballot?
• May 31 - A Tale of Two Swing States

2015

• Dec. 21 - Publication of new BALLOT BATTLES book
• June 29 - The Constitution Needed a Judicial Assist

2014

• Nov. 5 - NC Supreme Court Recount Could Be Legal Focal Point
• Nov. 4 - I Experienced Poll Worker Error [Updated]
• Oct. 10 - The Voting Rights Act & Judicial Equity
• Oct. 6 - A Comparison of North Carolina and Ohio (and Wisconsin)
• Oct. 2 - Changing Voting Rules After Ballots Are Cast
• Sep. 28 - Ohio Early Voting in the Supreme Court
• Sep. 18 - Election Law @ Moritz is 10 Years Old!
• Sep. 4 - Ohio Early Voting Case: A Potential Precedent-Setter

2013

• Nov. 10 - Of Bouncing Balls and a Big Blue Shift
• Oct. 1 - Law as Tiller, Justice as Compass: A Tribute to Tom Moyer

2012

• Dec. 17 - Numbers Show Ohio at Unique Risk of Disputed Presidential Votes
• Nov. 19 - French vote-counting dispute
• Nov. 7 - "By the way, we have to fix that"
• Nov. 6 - Thinking about Some Possible Ohio Numbers
• Nov. 4 - New Dispute over Ohio's Provisional Voting Procedures
• Oct. 30 - The Identity of Provisional Voters: Private or Public? (An Issue That Might Emerge Early in Overtime)
• Oct. 29 - Sandy Colloquy 2: Can Paper Save Election Day from Sandy?
• Oct. 27 - How to Avoid Electoral Alarmism: The Relevance of 1884 and 1916
• Oct. 22 - What If . . .
• Oct. 20 - Readings Relevant to Recounts & Other “Extra Innings” Issues
• Oct. 14 - Why Supreme Court Nonpartisanship Is Important in the Ohio Early Voting Lawsuit
• Oct. 11 - “Right Church, Wrong Pew” Ballots Must Count: a Cause for Celebration
• Oct. 11 - Ohio Early Voting Rules at the Supreme Court: The Possibility of a Nonpartisan Decision
• Oct. 7 - The “Equitable” Aspect of the Sixth Circuit’s Early Voting Decision
• Oct. 2 - New Swing State Website Tool (Among Today's Voting Law News)
• Sep. 30 - Two Big Cases Ready for Major Appellate Rulings
• Sep. 6 - Non-Retrogression, Equal Protection, and Ohio’s Early Voting Case
• Aug. 27 - The Court's Provisional Ballot Ruling: Preliminary Analysis
• Aug. 18 - Will the Voting Rules Affect Which Candidate Wins?
• Aug. 16 - Analyzing a “Voting Wars” Trifecta
• June 4 - Florida’s Voter Purge … and The Federalist Papers
• Feb. 8 - Federal Court Finds Equal Protection Violation
• Jan. 4 - Looking Ahead to the End of this New Year

2011

• Apr. 6 - Potential Wisconsin Recount: Initial Thoughts
• Jan. 27 - A Major Ruling on the Meaning of Bush v. Gore
• Jan. 20 - Two More Thoughts About Ohio's Provisional Ballot Case
• Jan. 19 - Questions for Counsel in Ohio’s Provisional Ballot Case
• Jan. 14 - Ohio Provisional Ballot Case: What Is Going On?

2010

• Dec. 9 - Bush v. Gore in Historical Perspective
• Dec. 9 - The Founders' Bush v. Gore
• Dec. 7 - Minnesota Supreme Court Settles Reconciliation Issue
• Dec. 3 - A Note on Reconcilation in Minnesota
• Nov. 3 - Echoes of New York’s “Stolen Senate”?
• Nov. 3 - Conflict in Connecticut?
• Nov. 3 - This Morning's View
• Nov. 3 - Races Still Too Close to Call
• Nov. 2 - Close Elections Are Healthy - If We Trust the Refs
• Sep. 15 - New York’s Voting Problems: Is It Possible to Be Both Nonpartisan and Competent?
• Sep. 14 - Top-10 List and Top-Two Candidates: Some Thoughts on This Election Season
• Jan. 22 - Citizens United: A Long-Term Perspective

2009

• Nov. 5 - Uncounted Ballots: A Measure of Vulnerability
• Oct. 20 - Election Commissions and Supreme Courts
• Sep. 9 - Line-drawing after Overruling Austin
• Aug. 1 - Line-Drawing and a Proposed Constitutional Truce
• July 31 - Citizens United, Stare Decisis, and Democracy
• July 1 - The Rhetoric of a "Stolen" Election
• June 30 - Impressive Unanimity: the Historical Significance of Coleman v. Franken
• June 1 - Conscientious Judging on Display
• May 14 - Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal
• May 5 - State Law Issues Loom Large in Coleman v. Franken Appeal
• Apr. 21 - Speculations about Equal Protection: The Difficulties of Principled Line-Drawing
• Apr. 14 - Out from the Shadows of Bush v. Gore
• Apr. 1 - Situation Normal: Election Too Close to Call
• Mar. 31 - Unsurprising Ruling Does Not End Minnesota Senate Case
• Mar. 19 - The Original Bush v. Gore: An Historical Perspective on Disputed Elections
• Feb. 19 - An Extra “Equal Protection” Thought: Local Policy or Local Mistakes?
• Feb. 16 - A Victory for the Rule of Law
• Feb. 12 - Minnesota Law and Federal Equal Protection
• Feb. 12 - In the Coleman-Franken Contest, the Three-Judge Court Will Now Be Tested
• Feb. 4 - Understanding Yesterday’s Rulings in Coleman v. Franken
• Jan. 22 - MN Contest Court Off to a Good Start
• Jan. 20 - Inauguration Day
• Jan. 15 - Electoral Reforms Must Include New Endgame
• Jan. 7 - Who Will Judge the Minnesota Contest?

2008

• Dec. 23 - What to Tell an Electoral Elf
• Dec. 9 - If the Minnesota Recount Involved a Presidential Race…
• Nov. 26 - New Bush v. Gore Precedent
• Nov. 25 - Eyes Now Turn to Ohio Supreme Court
• Nov. 18 - In '62, Minnesota set the recount standard
• Nov. 17 - A Visible Reason that Precludes a Victory Lap
• Nov. 10 - Voting next time—and in 2020
• Nov. 5 - Minnesota under the Microscope
• Nov. 4 - Four Sub-Categories of Uncounted Ballots
• Nov. 3 - Pennsylvania officials fear electoral flood tomorrow
• Nov. 1 - 3 Things I'm Watching For
• Oct. 29 - Waiting for a Presidential Winner: The Lessons of 1884 and 1916
• Oct. 28 - Unanimous Decision in McCain v. Obama (hypothetical)
• Oct. 22 - The Latest from the Land of [Election] Litigation
• Oct. 15 - The Need for a Structurally Nonpartisan Tribunal
• Oct. 9 - Purges & Provisional Ballots
• Oct. 7 - The First Bush v. Gore — and the Next:
  New York's Election of 1792 & Its Continuing Relevance
• Sep. 23 - McCain v. Obama, a U.S. Supreme Court hypothetical (one hopes)
• May 20 - A November Hypothetical
• Apr. 29 - Crawford and the Amicus Court: Further Support for a Non-Partisan Advisory Tribunal
• Apr. 28 - Setting an Example of Non-Partisan Judging: An 'Amicus Court' for Election Cases
• Apr. 15 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 3)
• Apr. 1 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 2)
• Mar. 18 - Federal Court Extension of Polling Hours: Problem, Proposal, Example
• Mar. 5 - Unjustified Federal Court Extension of Polling Hours
• Mar. 4 - Cross-over voting under Ohio law
• Feb. 25 - "Central Counting" of Paper Ballots in Ohio
• Feb. 19 - Administering the March 4 Primary in Ohio
• Feb. 6 - Super Tuesday and Provisional Ballots
• Jan. 9 - Oral Argument in Voter ID Case: Initial Impressions

2007

• Dec. 19 - Look to Minnesota for vote-counting solution
• Nov. 2 - Refining the Bush v. Gore Taxonomy
• Oct. 2 - The Supreme Court and Election Law: In Search of Doctrinal Specificity
• July 3 - Precedent and Judicial Responsibility
• June 19 - A Model Court for Contested Elections (Or, the “Field of Dreams” Approach to Election Law Reform)
• May 8 - Auditing a State’s Laws for Resolving Election Contests
• Apr. 10 - Running Elections in Cuyahoga County Next Year
• Apr. 5 - The Future of Bush v. Gore
• Feb. 14 - A Bipartisan Way to Settle a Disputed Presidential Election in Ohio?
• Feb. 13 - The Nation's Interest in Ohio's New Secretary of State
• Jan. 16 - Designing the Democracy Index

2006

• Dec. 19 - Election Reform's Top Priority: Changing the Electoral College Calendar
• Dec. 12 - Happy Birthday, Bush v. Gore
• Dec. 5 - Timing is Everything
• Nov. 28 - OH-15: Legal Issues in Recount
• Nov. 22 - Redistricting Reform: Back on the Agenda
• Nov. 22 - OH-15: 500 Provisional Ballots Invalidated
• Nov. 14 - Local Blackouts on the Electoral Grid
• Nov. 8 - Montana: Recount and Contest Laws
• Nov. 8 - Ohio: Wednesday Morning, 3:00am
• Nov. 7 - Be Thankful If It’s All Over By Thanksgiving
• Nov. 6 - The Adversarial Legal System at Work
• Nov. 5 - Transparency Promotes Trust
• Nov. 2 - Serious Issues Surface in Maryland
• Oct. 31 - Appellate Opinion in ID Case: No Pre-Voting Remedy Needed
• Oct. 28 - Ohio's ID Rules in the Appeals Court: What Next?
• Oct. 27 - Two Details of TRO in Ohio ID Case
• Oct. 27 - TRO in Ohio Voter ID Case: Initial Thoughts
• Oct. 25 - ID Disparities & Post-Voting Review of Provisional or Absentee Ballots
• Oct. 23 - Late Delivery of Registration Forms
• Oct. 23 - Absentee Ballots in Close Elections: Will They Provide Grounds for a Contest?
• Oct. 20 - Purcell v. Gonzales: Implications
• Oct. 20 - Supreme Court ID Opinion: Preliminary Analysis
• Oct. 16 - ID Equities?
• Oct. 16 - The Arizona Voter ID case in the Supreme Court: What's Next?
• Oct. 10 - How to Identify a Successful Election
• Sept. 5 - Will the Election System Function Properly This Year?
• Aug. 18 - Election Law at the High Court: Big Cases Leave Little Footprints
• July 25 - Ohio is not Mexico, but …
• July 3 - Justice Kennedy Deserves Praise, Part II
• June 28 - First Impressions of the Partisan Gerrymandering Portion of the Texas Case
• June 27 - The Importance of Randall's Indecisiveness
• June 13 - Online Voter Registration is the Answer
• June 6 - A Way to Rescue Redistricting Reform
• May 19 - Is Bipartisan Redistricting Reform Achievable?
• May 9 - Electoral Laments in Major and Minor Keys
• May 2 - Papers from Princeton Conference: Pildes, others
• Apr. 4 - A Review of the Transcript in the Texas Redistricting Case
• Mar. 28 - Will the Expansion of Absentee Voting Yield an Increase in Abuse?
• Mar. 7 - Incrementalist Election Law?
• Mar. 2 - A Guide to the District-Specific Claims in the Texas Oral Argument
• Mar. 1 - Politics and Race a Messy Mix in Argument on Texas Case
• Feb. 28 - Further Thoughts on the Vermont Oral Argument
• Feb. 28 - Majority of Court Skeptical of Vermont Campaign Finance Law
• Feb. 24 - Precedent and the Constitutional Law of Elections
• Feb. 14 - Doubleheader Tests the Court's Impartiality: EL@M to host Electronic Roundtable on Pending Pair
• Feb. 7 - The Remand in WRTL
• Jan. 17 - The Roberts Court and Precedent: An Early Test in the Context of Campaign Finance
• Jan. 3 - Will Election Law Become Clearer This Year?

2005

• Nov. 29 - The Federalism Defect in the Prosecution of Tom DeLay
• Nov. 15 - Future Redistricting Reform Must Learn From This Year's Mistakes
• Nov. 8 - The Ten Most Urgent Election Reforms
• Nov. 7 - How to Avoid an Electoral Katrina
• Nov. 1 - If not Issue 4, then what? Would opponents sign on to Arnold 's approach?
• Nov. 1 - Issue 3 is a Big Mistake
• Oct. 18 - Analysis: New and Old Arguments for Campaign Spending Limits: Will Any Convince the Court?
• Oct. 13 - The Significance of Wisconsin Right to Life, Inc. v. Federal Election Commission
• Oct. 4 - Federal Courts Should Not Run State Elections
• Sept. 24 - The Need for a Fair Referee
• Sept. 13 - How to Hire a Fair Election Law Umpire?
• Sept. 6 - Is There a Middle Ground in the Voter ID Debate?
• July 19 - What Should the New Justice Do About Campaign Finance?
• July 5 - Fact-Specific Election Law
• June 7 - Refusing to Unseat a Governor Despite a Flawed Election
• May 24 - The People and their Constitution
• May 17 - The Filibuster and Democracy
• Apr. 5 - The Provisional Ballots of Unregistered Voters
• Mar. 29 - Verifying Voter Registration Lists, Part 2
• Mar. 22 - Verifying Voter Registration Lists
• Jan. 25 - When to Redo an Election?

2004

• Dec. 21 - Minimizing the Need for Provisional Ballots: A Reform Worth Wishing For
• Dec. 15 - How to Achieve Maximum Disclosure of "Electioneering Communications"?
• Dec. 13 - Analysis of Proposed Ohio Campaign Finance Bill (SB1/HB1): Electioneering Communication Provisions
• Dec. 7 - Investing in Politicians to Boost Corporate Profits
• Nov. 17 - When Should a Presidential Election Be Over?
• Nov. 11 - Problems with Provisional Ballots
• Nov. 10 - Election 2004 in Ohio: Some Unanswered Questions
• Nov. 5 - Voting Machines Per Capita: a Bush v. Gore Issue?
• Nov. 2 - Justice Stevens' Words of Hope – and Caution
• Nov. 2 - Sixth Circuit Opinions in Polling Place Challenges Cases: A Preliminary Analysis
• Nov. 1 - Judge Adams' Order in Summit County Parallels Judge Dlott's Ruling in Spencer, But Is Unclear in One Respect
• Nov. 1 - Judge Dlott's 11/1 Order Barring Challengers Statewide: A Preliminary Analysis
• Oct. 28 - The Nine In a Pickle
• Oct. 24 - Latest Developments & Current Situation: An Assessment
• Oct. 21 - Blackwell Files Appellate Brief in Provisional Ballot Case
• Oct. 5 - Blackwell's Mixed Record So Far
• Sept. 28 - Let the Sunshine In
• Sept. 21 - Lying to Win
• July 20 - Welcome to Election Law @ Moritz
• July 6 - Election Law 5-to-4
• June 29 - Comparing Two Cases
• June 22 - The Missed Opportunity of Vieth
• June 15 - The Necessity of Law for Democracy