Absentee Balloting: Preparing for the November Election

Edward (Ned) B. Foley is the Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law and the Director of Election Law at The Ohio State University Moritz College of Law.

In January 2020, Ned published a new book, Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. His book Ballot Battles: The History of Disputed Elections in the United States was published by Oxford University Press in December 2015.

He served as Reporter for The American Law Institute’s Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes.

While he has special expertise on the topics of recounts, he is conversant in all topics of election law, including redistricting and campaign finance, and recently co-authored a casebook Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014), which covers all aspects of election law.  He and his casebook co-authors also have a contract with Oxford University Press to write a treatise on election law—remarkably the first of its kind in the United States in over a century.  He is also a co-author of From Registration to Recounts: The Ecosystems of Five Midwestern States (2007).

Ned has taught at Ohio State since 1991. Before then, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.

Ned received his B.A. from Yale College and his J.D. from Columbia Law School.

Before joining The Ohio State University Moritz College of Law faculty, Steve Huefner practiced law for five years in the Office of Senate Legal Counsel, U.S. Senate, and for two years in private practice at the law firm of Covington & Burling in Washington, D.C. He also clerked for Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Christine M. Durham of the Supreme Court of Utah. Steve was a Harlan Fiske Stone Scholar at Columbia Law School, where he served as head articles editor for the Columbia Law Review.

He served as Associate Reporter on The American Law Institute’s now completed Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes.

Steve has published a number of articles and one book, From Registration to Recounts: The Election Ecosystems of Five Midwestern States, co-authored with his Election Law colleagues. His research interests are in legislative process issues and democratic theory, including election law. He is conversant in Japanese, spent one summer working for a Japanese law firm, and remains interested in Japanese law.

Steve is director of Clinical Programs at Moritz, as well as director of the Legislation Clinic. He teaches Legislation, Jurisprudence, and Legal Writing.

Steve received his B.A. from Harvard College and his J.D. from Columbia Law School.

A nationally recognized scholar of constitutional law and the law of democracy, Justin Levitt recently returned to Loyola after serving as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice.  At DOJ, he primarily supported the Civil Rights Division’s work on voting rights and protections against employment discrimination (including LGBT rights in the workplace).  

Justin has published in the Harvard Law Review, the Yale Law and Policy Review, the Columbia Law Review, the Georgetown Law Journal, the William & Mary Law Review, the peer-reviewed Election Law Journal, and the online publications of the flagship law reviews at Yale and NYU, among others.  He has served as a visiting faculty member at the Yale Law School, at USC's Gould School of Law, and at Caltech.  He was honored to receive Loyola's Excellence in Teaching Award for 2013-14.

Justin has been invited to testify before committees of the U.S. House and Senate, the U.S. Civil Rights Commission, several state legislative bodies, and both federal and state courts.  His research has been cited extensively in the media and the courts, including the U.S. Supreme Court.  He maintains the website All About Redistricting, tracking the process of state and federal redistricting around the country, including litigation.

Justin served in various capacities for several presidential campaigns, including as the National Voter Protection Counsel in 2008, helping to run an effort ensuring that tens of millions of citizens could vote and have those votes counted. Before joining the faculty of Loyola Law School, he was counsel at the Brennan Center for Justice at NYU School of Law, for five years.  He also worked as in-house counsel to the country's largest independent voter registration and engagement operation, and at several nonprofit civil rights and civil liberties organizations.  

At Loyola, Justin established the Practitioner Moot Program, a complimentary service to the community allowing attorneys with pending appellate matters to practice their arguments before faculty experts and experienced advocates.  Under the program, Loyola has hosted recent moots for cases later argued in the U.S. Supreme Court, the Ninth Circuit, the California Supreme Court, and the California Courts of Appeal, among others.

Justin served as a law clerk to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit.  He holds a law degree and a master’s degree in public administration from Harvard University, and was an articles editor for the Harvard Law Review.  He is admitted to the bar in California, New Jersey, New York, and the District of Columbia, and to the U.S. Supreme Court, the U.S. Courts of Appeal for the Fourth Circuit, Ninth Circuit, and Eleventh Circuit, and the U.S. District Courts in the Central District of California and Northern District of Florida.

Lisa Manheim writes in the areas of constitutional law, election law, and presidential powers. Her scholarship has been published in the University of Chicago Law Review, the Iowa Law Review, the Supreme Court Review, and other leading academic journals. These works explore questions of federalism and institutionalism in the context of the judiciary. Lisa’s courses include Constitutional Law, Election Law, Legislation, and Federal Courts. She is a three-time recipient of the Philip A. Trautman Professor of the Year Award given by the student body.

Lisa earned her B.A., summa cum laude, from Yale College and her J.D. from Yale Law School, where she served as Managing Editor of the Yale Law Journal. After graduating from law school, Lisa clerked for Judge Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit and Justice Anthony M. Kennedy of the United States Supreme Court. Prior to joining the faculty at the University of Washington, Lisa worked as an associate at Perkins Coie LLP, where she specialized in appellate practice, commercial litigation, and political law.