Constitutional law expert Richard Pildes (NYU Law) joins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss his recent op-ed in The New York Times, "How to Keep Extremists Out of Power." Pulling back from the hot-button issues of voting rights, ballot access and absentee voting, he focuses instead on the extremist forces in American culture and politics that threaten our democracy — and suggests ways to minimize them through reform.

Making Democracy Work: Part 1

Constitutional law expert Richard Pildes (NYU Law) rejoins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to continue their conversation on potential democratic reforms. In this episode, they explore how drawing more competitive electoral districts, as well as increasing public financing options for candidates, could strengthen American democracy.

Making Democracy Work: Part 2

In this episode, Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) dive into the recent census data and question if American democracy is truly representative. They explore different governance schemes and the need to look past the Founding Fathers' vision in order to create a system that reflects the country's diverse needs.

Rethinking Representation

What does it mean to have a free and fair election? Does our system work? Election scholars Ned Foley and Franita Tolson ask the big questions around U.S. voting as the clock counts down to the 2020 presidential election.

Are our elections free and fair?

Why do Iowa and New Hampshire come first in the presidential primary process? How much does majority support matter? What’s ranked-choice voting, and could that a better system? Election scholars Franita Tolson (USC Gould School of Law) and Ned Foley (OSU Moritz College of Law) discuss.

Primaries 101

Are there undue or improper influences affecting voters' choice of candidates? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) ask this question in light of recent news regarding Russia's apparent interference with the U.S. election and Mike Bloomberg's unprecedented spending to gain traction in the primaries. Just how concerned — or alarmed (but not despaired!) — should voters be?

Russia, Bloomberg and Voter Choice

With states postponing in-person voting to control the spread of COVID-19, uncertainty is mounting about the pandemic’s effect on the 2020 U.S. presidential election. Can Trump cancel or change Election Day? Should we all just vote by mail? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guest Michael T. Morley (FSU College of Law) to discuss how emergencies impact elections — and what we can do to prepare for November.

Voting in the time of the virus: Part 1

Beyond causing delays, COVID-19 will impact the many administrative and logistical aspects of the 2020 U.S. presidential election — from staffing to absentee ballot printing to vote counting. How can we prepare if we don’t know what to expect? What happens if there is a second wave of the virus? Is the coronavirus relief bill’s $400 million to protect elections enough? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guests Nathaniel Persily (Stanford Law School) and Charles Stewart III (MIT Political Science) to discuss what needs to be done to prepare for Election Day.

Voting in the time of the virus: Part 2

Why was there in-person voting in Wisconsin during a once-in-a-lifetime pandemic? Was the election legitimate? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) analyze the partisanship and polarization that contributed to the state’s fraught primary, and how other states can do better in their upcoming elections.

What Happened in Wisconsin?

What does it mean for our election if Rep. Justin Amash enters the presidential race? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss whether or not our election system can accommodate a third-party challenger, and how to ensure the person who wins the race is the choice of the voter.

Is there room for third parties? Justin Amash and why he matters

With the American electoral system under unprecedented stress, an expert committee led by legal scholar Richard L. Hasen (UCI Law and author of Election Meltdown) has put forth a report of urgent recommendations in law, media, politics and technology to safeguard a free and fair November election. In this episode, Hasen joins our hosts Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss the 14 recommended solutions, including his apt suggestion that voters “flatten the absentee ballot curve” by spreading their ballot applications over a longer period of time.

Flattening the absentee ballot curve, and other solutions to prevent an election meltdown

As the 2020 presidential race ramps up, the Supreme Court is deciding whether or not to grant legal protection to “faithless electors” — electors who don’t vote for the candidates they had pledged to support. Professor Derek T. Muller (Iowa Law) joins election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to debate the roles and obligations of U.S. presidential electors.

Does faithfulness to the Constitution require faithless electors?

In response to the Black Lives Matter protests, some are calling for people of color to “just vote.” But in a country with a history of voter suppression and disenfranchisement, is voting enough? Franita Tolson (USC Gould School of Law) responds to the hypocrisy of this suggestion in her American Constitution Society blog post, “Democracy as a Slogan.” In this episode, she and Ned Foley (OSU Moritz College of Law) discuss racial equality as an ongoing commitment, using the lessons from history that Tolson touches on in her essay, which can be read at https://bit.ly/DemSlogan.

Is voting enough?

Long lines, machine breakdowns, absentee obstacles: As our country grapples with a pandemic, social uprising and divisive politics, voting is more challenging than ever. But what does complacency, voter disenfranchisement and rights infringement say about our election system, and will these issues persist after November? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) look to history to consider the future, and debate whether or not the flawed process is capable of reflecting the electorate’s collective will.

Is this the new normal?

How can we continue the fight of civil rights leader John Lewis, and the many who came before him, in the context of free and fair elections? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss ongoing congressional debate about the future of voting rights, backsliding in current protections and what their dream legislation honoring Lewis would entail.

What would John Lewis think?

Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss how the U.S. Supreme Court decision on faithless electors could have implications for the 2020 presidential election.

BONUS - Faithless Electors: SCOTUS Decisions and their Implications for November

The president is exploring an executive order to limit mail-in voting. But does he have the power to do that, even if his claims about absentee voting being fraudulent are unfounded? Election scholars Edward Foley (Ohio State University Moritz College of Law) and Franita Tolson (University of Southern California Gould School of Law) walk through scenarios in which the federal government could limit voting or change the rules.

Can Trump legally limit mail-in voting?

What if the presidential candidates refuse to concede defeat? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) speculate the outcomes of an election mired in careless rhetoric, government gridlock, contentious politics and racial divide. Whether or not voters will lose faith in the system or be energized by their outrage remains to be seen, but Franita and Foley look back in American history for a dose of optimism and perspective.

Will Americans accept the election’s outcome?

Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss what voters can expect on and after election night.

BONUS - Election 2020: When Are Results Official and What Happens if Results Are Disputed

The monumental loss of Justice Ruth Bader Ginsburg has ignited a political frenzy. What does her potential replacement by the president’s nominee, Judge Amy Coney Barrett, mean for the future of voting rights jurisprudence generally, RBG’s legacy in this area of law specifically, and perhaps even to cases potentially affecting the outcome of this year’s election? Election law scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) reflect on RBG’s legacy, and debate how the Supreme Court plays into our election system.

RBG and our uncertain future

What can we learn from one of the most contentious presidential elections in American history? In this episode, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) held a live recording of “Free and Fair” with fellow election scholar Michael Morley (Florida State University College of Law) and Jeffrey Rosen (president and CEO of the National Constitution Center) to discuss the 1876 Hayes-Tilden election. We partnered with the National Constitution Center to record this episode in front of a live virtual audience. It also ran on their podcast, “Live at the National Constitution Center,” where you can hear more live constitutional conversations like this one. This discussion was moderated by Jeffrey Rosen, who hosts the podcast “We the People,” where he’s joined by experts to explain the constitutional issues at the center of American life. This episode was produced by Jackie McDermott, Tanaya Tauber, and Lana Ulrich and engineered by Greg Scheckler of the National Constitution Center.

BONUS: The Hayes-Tilden Election of 1876

Before the election, Franita Tolson (USC Gould School of Law) and Edward Foley (Ohio State Moritz College of Law) sat down for another live recording of “Free and Fair” with fellow election scholar Jeffrey Rosen (president and CEO of the National Constitution Center), as well as James Ceaser (University of Virginia) and Robert Lieberman (Johns Hopkins University) to discuss the most contentious elections in American history. If you enjoyed this conversation, please check the previous episode to learn more about one of the elections covered in this conversation: The Hayes-Tilden Election of 1876. This program was presented by the National Constitution Center and the SNF Agora Institute at Johns Hopkins University. Tune in to the Live at the National Constitution Center podcast to hear more live constitutional conversations like this one and SNF Agora Conversations for more on the 2020 presidential election and the most pressing issues in international relations.

BONUS - America’s Contentious Presidential Elections: A History

In this episode, recorded in the week after Election Day, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) work through their mixed emotions. From historic voter turnout to post-election lawsuits, the highs and lows revealed just how far we have strayed from the norm, and how close we came to a different outcome. Taking the long view, they discuss the importance of norms in our elections and governance, and how they can be restored and protected to ensure fair play in the future.

Luck, Betrayal, and Repairing Democratic Norms

If half the country has lost faith in our electoral system, will the system deteriorate?  And if so, when? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) ponder the fate of U.S. elections at this pivotal moment when voters seemingly believe in the process only when it works in their favor.

The Truth Problem

As 2020 came to a close, election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discussed the continued litigation around the presidential election, as well as the expected next steps.

Smoke Without Fire

Following the Capitol insurrection, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) discuss what’s at stake for U.S. democracy, and how the damage to our political system can be repaired. Can legal prosecution restore faith in the election’s legitimacy? If so, what will it take to hold conspirators accountable, and can we trust our embattled representatives to find the courage to speak truth to power?

How do we save America?

Election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) continue their conversation from our last episode about finding a path forward after the 2020 election. They identify ways Americans can make meaningful changes, both political and cultural, to repair, protect and improve the election system in the lead-up to 2024. Whether it’s updating the Constitution, outlawing gerrymandering, replacing the electoral college, or confronting racism — much remains to be done.

How do we save America? Part 2

How do we overcome our nation's polarization problem to run an election system that’s fair for everybody? With the 2020 election in the rearview mirror, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) look to the future and propose strategies that might align our fractured electorate, prevent voter suppression and protect majority choice.

The Problem Worth Solving

Will the U.S. have a free and fair election in 2020? In the days leading up to Nov. 3 this podcast breaks down complex legal issues for listeners who care about democracy and elections. Election scholars Edward Foley (Ohio State University Moritz College of Law) and Franita Tolson (University of Southern California Gould School of Law) focus on the integrity and health of our democratic process.

This podcast is a collaboration between OSU Moritz College of Law and USC Gould School of Law.

Free and Fair with Franita and Foley

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