Is American election law fundamentally misaligned with the will of the people? Nick Stephanopoulos, author of “Aligning Election Law,” joins Law & Democracy to discuss his groundbreaking theory. Discover how alignment can be measured, why it matters for democracy, and what can be done to fix the gaps between what people want and what the […]

How do existing election systems contribute to political polarization and prevent majority-preferred candidates from winning? What’s the connection between voter preferences and policy decisions? And how can reforms help rebuild trust in government?

Join Richard Pildes, Sudler Family Professor of Law at NYU, as he delves into these critical questions, offering expert insights on election law, democracy, and political reform.

📢 Register now to hear more from Rick at the Ohio State Law Journal's 2025 Symposium!

Election Law in a Misaligned America | 2025 Symposium

The Ohio State Law Journal presents its 2025 Symposium, featuring top legal scholars discussing Alignment Theory and the challenges of election law. The event will highlight Nick Stephanopoulos, Harvard Law Professor and author of Aligning Election Law, as the keynote speaker.

📅 Date: Friday, Feb. 21, 2025
⏰ Time: 8:30 AM - 4:15 PM

In this episode of Law and Democracy, we provide an exclusive sneak peek into the Ohio State Law Journal’s 2025 Symposium. This year’s event, held at the Moritz College of Law on February 21st, centers on Alignment Theory, a groundbreaking concept explored in 'Aligning Election Law (Theoretical Perspectives in Law)' Book by keynote speaker Nick Stephanopoulos, Professor of Law at Harvard Law School.

Join hosts Steve Huefner, Ned Foley, Tony Gaughan, and Terry Enns, as they discuss the symposium’s themes, the pressing misalignments in election law, and the steps needed to ensure our electoral system better reflects the will of the voters. We also highlight the impressive lineup of scholars attending the event and share how you can participate—either in person or via Zoom.

Don’t miss this engaging conversation on the future of election law and how Alignment Theory could shape the democratic process.

In this episode, you'll learn:

• The historical evolution of Supreme Court confirmation hearings
• How constitutional change is influenced by judicial appointments
• The role of gender and race in shaping the confirmation process

In this insightful episode, we explore the complexities of presidential transitions with expert commentary from Professor Bridget Dooling. From logistical challenges to the legal frameworks that guide the transfer of power, we uncover what makes this critical process work smoothly—or where it can falter.

Professor Dooling discusses historical examples, the importance of preparation, and how public policy plays a crucial role in ensuring continuity in governance. Whether you're passionate about politics, a history enthusiast, or simply curious about the inner workings of government, this conversation offers valuable perspectives.

🔑 Key topics include:

Why smooth presidential transitions matter.
Lessons from past administrations.
How transitions affect federal agencies and public policy.

🎧 Watch now to gain a better understanding of the processes that uphold democracy and the challenges involved in transferring power. Don’t forget to like, comment, and subscribe for more engaging discussions!

Trivia Question: "who was the last President inaugurated on March 4 instead of January 20?"

Stay tuned for our next episode to find out!

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#transitationelection2024 #democracy #camping

In this insightful episode, Professor Derek T. Muller shares his perspective on the 2024 election and the current state of U.S. election law. Derek describes the 2024 election as surprisingly normal despite widespread pre-election concerns about potential disruptions. He reflects on the stability and improvements in election administration since 2020, noting how states have learned valuable lessons from the challenges of past elections, such as the pandemic-driven complications and disputes over ballot procedures.

The discussion highlights several important factors contributing to the smooth operation of the 2024 election, including wider electoral margins that reduced contention over close results, and administrative changes, like expedited absentee ballot counting. The conversation also delves into ongoing issues in states like Pennsylvania, where local control and partisan conflicts continue to create complex challenges in election law interpretation.

Tune in for a nuanced look at how U.S. election laws are evolving, the risks posed by close margins, and the importance of transparent and reliable election systems.

Trivia Question: "Which U.S. President holds the record for the largest number of unsuccessful Supreme Court nominations—that is, nominations that were rejected by the Senate, withdrawn, or lapsed?"

Stay tuned for our next episode to find out!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode of Law and Democracy, we unpack the results and implications of the 2024 presidential election with experts from Ohio State University's Election Law Program. Join our experts as they analyze turnout trends, including the rise in battleground state participation versus the drop in non-battleground states. They also explore reforms such as the Electoral Count Reform Act of 2022 and reflect on the election's smooth operation and the role of trust in democratic processes.

This week's Trivia question is..

How many times in the last hundred years has the victorious presidential ticket featured two lawyers, with both the president and vice president as lawyers?

Listeners are encouraged to look back and test their political knowledge—this one has happened more often than you might expect!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, our experts also examines the 2024 U.S. election, covering voter turnout, election myths, and challenges like long lines and bomb threats. We explore why a Condorcet voting system could lead to fairer elections and moderate political outcomes in the U.S., focusing on the potential for center-right candidates like Nikki Haley to fare better in a less polarized system. Edward Foley discusses how Condorcet voting could combat extremism, foster coalition building, and better represent the electorate's will. This is a must-watch for anyone interested in the current state of American democracy and the future of election reform.

This week's Trivia question is..

How many times in the last 100 years has the victorious presidential ticket not featured a lawyer as either the president or vice president?

Stay tuned for our next episode to find out!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this special Election Day episode our election law experts discuss the latest developments on Election Day while they're happening!

This week's Trivia question is..

who is the last Supreme Court Justice to have held elected office?

Stay tuned for our next episode to find out!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, we discuss the current state of early voting just days before Election Day. With reports of arson attacks on ballot drop boxes in Washington and Oregon, we discuss the implications of these destructive acts—especially in tightly contested districts. On a brighter note, we celebrate the remarkable turnout, with over 46 million early votes already cast in the 2024 presidential election. Join us as we analyze the highs and lows of the early voting process and what it means for the upcoming election.
Don't miss this crucial discussion as we approach one of the most important days in our democratic process!

This week's Trivia question is..

Who ran for the Republican nomination nine times in the 20th century and came close to securing it twice?

Stay tuned for our next episode to find out! Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, we critically examine the recent Elon Musk Sweepstakes, a petition circulating in battleground states that solicits voter support for the 1st and 2nd Amendments. This initiative, limited to registered voters, offers participants a chance to win a $1 million prize upon signing the petition.

The emergence of three winners has prompted a crucial inquiry into the legality of these sweepstakes: do they contravene federal statutes prohibiting the monetary incentivization of voter registration?

Join our panel of experts as we delve into the legal ramifications of Musk's campaign, scrutinize the complexities of federal election law, and assess whether the sweepstakes serve a genuine purpose in encouraging voter registration or function primarily as a data-gathering strategy for electoral mobilization.

This week's Trivia question is..

Donald Trump, the Republican nominee for president, has made history by securing his party's nomination three times—a rare achievement in the political landscape, especially considering the constraints of the 22nd Amendment, which limits presidents to two terms. Notably, since Trump lost in 2020, he remains eligible to run for another term.

So, the question is: Who are the seven other major party nominees in U.S. history who have successfully won their party's presidential nomination three times or more, spanning from the 1790s to the present?

Stay tuned for our next episode to find out!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, we explore the significant role mail-in ballots play in modern American elections. With 43% of voters casting their ballots by mail in 2020, and similar numbers expected for 2024, we discuss the unique challenges and legal controversies that come with this voting method. From inadvertent ballot rejections to the impact of COVID-19 on voter preferences, we examine how mail-in voting has transformed election participation and the implications for future elections.

Join us as we unpack the complexities of this vital aspect of our electoral process!

This week's Trivia question is.. "Which founding father lost his first election because he refused to buy alcohol for voters, believing it was corrupting?"

Stay tuned for our next episode to find out!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, we explore the intersection of natural disasters and elections, with Hurricane Milton approaching the Gulf Coast of Florida and the Presidential election just weeks away. we tackle critical questions surrounding how election officials can accommodate voters affected by natural disasters. Our hosts, Anthony Gaughan, Steven Huefner, Ned Foley, and Terri Enns, dive into the challenges faced by election officials in planning for contingencies like hurricanes, the importance of legal frameworks, and recent lawsuits aimed at extending voter registration deadlines due to the storm. We discuss historical precedents, including past elections impacted by disasters, and the need for built-in flexibility in state laws. As we navigate through the complexities of ensuring voter access amidst chaos, we also reflect on how climate change may reshape future electoral landscapes.

This week's Trivia question is

What campaign finance mistake did George Washington make in his first election that cost him the race? In the 1755 Virginia House of Burgesses election, a young Washington made a last-minute error—a rookie mistake—that led to his defeat. He never repeated that mistake in his subsequent long career in colonial, state, and national politics. What exactly was this pivotal mistake?

In this episode of Law and Democracy, we dive into the evolving landscape of early voting and its impact on our election process. With early voting starting in several states across the country, we explore the challenges political parties, particularly the Republican Party, face in mobilizing voters through mail-in ballots and early voting methods. We also discuss the "blue shift" — the phenomenon where early voting tends to lean Democratic, and how the increasing number of early ballots is changing the way campaigns operate. What does this mean for our traditional understanding of Election Day, and how are candidates adapting to this new reality? J

Join us as we break down these shifts in voting behavior, their implications for the democratic process, and what it means for future elections.

This week's Trivia question is

What was the monetary limit set by federal law on individual contributions to Presidential candidate campaigns in 1972, the year of the Watergate break-in? You might be surprised by the answer in our next episode! Leave us your answers in the comments section.

Georgia State Election Board has introduced a new rule mandating that counties hand count all ballots cast on Election Day. What does this mean for election officials and voters? In this episode, we explore the potential challenges, including the timing and accuracy of hand counting and its impact on public trust in the election process. We also discuss the balance between transparency and efficiency, with experts weighing in on whether this late change is a necessary step toward greater confidence in Georgia's elections.

This week's Trivia question is

Where did Abraham Lincoln receive the majority of his campaign funds during his 1864 Presidential reelection?

Stay tuned next week for the answer! Don’t forget to like, share, and subscribe to stay updated on future episodes!

Today, we discuss three key topics in Ohio election law and First Amendment issues. First, we discuss the Citizens Not Politicians v. Ohio Ballot Board case, which challenges the language used in a ballot initiative aimed at ending partisan gerrymandering in Ohio. Legal expert Ned Foley, who signed an amicus brief in the case, explains the arguments at play.

Next, we cover a recent Ohio federal court ruling that blocked a law banning non-citizens, including lawful permanent residents, from contributing to state election campaigns. We explore the potential future outcomes in the Sixth Circuit and possibly the U.S. Supreme Court.

Finally, we look at the Justice Department's recent indictment of Russian nationals involved in spreading propaganda in the U.S., and discuss whether these cases raise First Amendment concerns.

Join us for expert analysis on these pressing legal issues shaping elections and free speech.

This week's Trivia question is..

"What's the election law issue that caused trouble for Bobby Kennedy during his 1964 Senate campaign?"

Stay tuned next week for the answer!

Don’t forget to like, share, and subscribe to stay updated on future episodes!

In this episode, Ned Foley highlights the original intentions of the Founding Fathers, who hoped for a non-partisan system but instead saw the rise of intense two-party competition. But what happens when third-party candidates threaten to disrupt that balance? With Robert F. Kennedy Jr.'s campaign stirring up conversation, our experts explore how the system struggles with third-party spoilers and the potential consequences for the 2024 election. We discuss the history of third-party candidates as spoilers, from George Wallace in 1968 to Ralph Nader in 2000, and reflect on the possibility of ranked-choice voting as a solution. Could this system provide a way to avoid the spoiler effect and ensure majority winners?

We also examine the complexities of how states determine their presidential electors, with a focus on whether changes, like ranked-choice voting, could resolve these issues in the future. Plus, we touch on the current state of Pennsylvania’s court ruling on mail-in ballots and the potential implications for the 2024 election. Could recent legal rulings threaten the integrity of the system as we know it?

This week's Trivia question is

Who was the 1st Supreme Court justice, current or former at the time of the election, to receive a vote in the electoral college?

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Welcome to the inaugural episode of the Law & Democracy Podcast! In this episode, we dive into some of the most pressing legal and political developments that are shaping democracy today.

Arizona's Proof of Citizenship Requirement
On August 22, 2024, the U.S. Supreme Court issued a ruling on Arizona's controversial law requiring proof of citizenship for voter registration. We’ll break down the ruling, discuss its implications for Arizona voters, and explore how this decision affects the November election.

Georgia’s Election Board Certification Changes
The Democratic National Committee has filed a lawsuit against Georgia’s State Election Board over new rules that could delay election result certification. We examine the legal challenges and the potential impact on upcoming elections in this critical swing state.

Robert Kennedy’s Suspension of His Presidential Campaign
In a surprising move, Robert Kennedy Jr. suspended his presidential campaign and endorsed Donald Trump. We’ll discuss the political and legal ramifications of this decision and what it means for the 2024 race.

This week's Trivia question is..

"which President had the smallest margin of victory in the decisive battleground, state or States in the 20th century?"

Leave us your answers in the comments section.

Don’t forget to like, share, and subscribe to stay updated on future episodes!