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Election Law @ Moritz

Election Law @ Moritz


Free & Fair

The Original Bush v. Gore: An Historical Perspective on Disputed Elections

I am here posting a draft of a lecture I delivered last fall on the 1792 disputed gubernatorial election in New York.  This lecture will serve as the basis for the first of a series of chapters in a book (co-authored with my Moritz colleague Steve Huefner) that discusses significant disputed elections throughout U.S. history.  I am posting the draft now because I frequently refer in other work to this inaugural disputed election in our republic's history--and the lessons we can learn from this historical inquiry.  To the extent that the availability of this draft can assist the development of scholarship in the field, prior to the publication of the book, this posting of it will be beneficial.

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. View Complete Profile

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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