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  • 1 month ago | edwardbfoley.substack.com | Edward B. Foley

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  • 1 month ago | salon.com | Edward B. Foley

    One of the most important premises of America’s election system in the 21st century is that the federal judiciary demands that the states must treat all cast ballots equally. Federal courts require states to uphold the constitutional principle of equal protection if the government of a state has determined that certain offices are to be decided by popular vote. Furthermore, states must adhere to the right to due process.

  • 2 months ago | edwardbfoley.substack.com | Edward B. Foley

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  • Jan 21, 2025 | edwardbfoley.substack.com | Edward B. Foley

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  • Jan 18, 2025 | democracyjournal.org | Edward B. Foley

    A s we prepare to watch Donald Trump take the oath of office Monday, it’s worth bearing in mind this fact. If America had an electoral system that elected the candidate whom a majority of America’s voters preferred when compared one-on-one to each alternative, it would be Nikki Haley, not Donald Trump, who would become the new President on January 20. Yes, we found out in November that the American electorate preferred Trump to Kamala Harris. But it would have preferred Haley over either one.

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Ned Foley
Ned Foley @Nedfoley
11 Mar 25

A cleaner, edited version of this paper is now available on SSRN; in reading it over, I think it's one of my more significant contributions: “The Real Preference of Voters”: Madison’s Idea of a Top-Three Election and The Present Necessity of Reform @SSRN https://t.co/BuSVr2NMFm

Ned Foley
Ned Foley @Nedfoley
9 Mar 25

Just in time for March Madness: Bracket Voting. https://t.co/gRAyFTxZ8Y https://t.co/jIcLWZegKP

Ned Foley
Ned Foley @Nedfoley
14 Feb 25

RT @lawdemocracypod: Aligning Election Law and Polarization with Professor Richard Pildes of ... https://t.co/lGXxRgoj8t via @YouTube @Ri…