We are just weeks away from an unprecedented election day. In order to vote safely during the pandemic, more people than ever are voting by mail or early in person, and early numbers point to a strong likelihood of record turnout. There are hundreds of lawsuits across the country centered on access to polling places, ballot drop boxes, and deadlines for ballots. And on top of all of that, we have a President whose rhetoric is directly aimed at undermining the legitimacy of the election if he doesn’t win. This week, election law professor, Edward Foley, sits down to give an under-the-hood look at our election administration and the current logistical concerns, and walks through the worst-case legal scenarios of a contested election result.

Presidential Elections and Majority Rule: The Rise, Demise and Potential Restoration of the Jeffersonian Electoral College

Ballot Battles: The History of Disputed Elections in the United States