Ned Foley on Electoral Count Act Reform
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 24 January 2022
⏱️ 55 minutes
🧾️ Download transcript
Summary
As the prospect of broader election reform has grown more remote, bipartisan discussions have increasingly come to center on one long standing law: the Electoral Count Act of 1887. Designed to regulate the process through which Congress counts electoral votes, ambiguities in this antiquated law have been a frequent source of anxiety, most recently in the wake of the 2020 election, when many feared outgoing President Trump would successfully capitalize on them to prevent the certification of his loss. To discuss the Electoral Count Act and its potential reform, Scott R. Anderson sat down with Ned Foley, a professor at The Ohio State University Moritz College of Law and a leading expert in election law. They discussed the ordinance of the act, a recent congressional report outlining possible reforms and what limits the Constitution may put on what reform can accomplish.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Transcript
Click on a timestamp to play from that location
| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull and the aftermath. |
| 0:32.0 | Right laptop, I'm ready to finish this thesis. |
| 0:34.0 | What thesis? The one I've spent two years working on. |
| 0:36.0 | Don't have it. What's the last version you saved? |
| 0:38.0 | Got final version, final final version, and no, I'm actually serious now. |
| 0:42.0 | This is the last version I will never save another version I promise. |
| 0:46.0 | Version 2. Surely that one? No. |
| 0:48.0 | Why? It's corrupted. |
| 0:50.0 | Swap. Swap. Swap. |
| 0:52.0 | For when you upgrade to an acochrome book, |
| 0:54.0 | they come with Google Drive built-in, |
| 0:56.0 | so you'll never lose a file again. |
| 0:58.0 | And save. Already saved. |
| 1:00.0 | Oh, thanks. |
| 1:01.0 | Saved it again. |
| 1:08.0 | You know, my own judgment as an election law |
| 1:10.0 | professor is that that ought to get litigated and resolved before |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from The Lawfare Institute, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of The Lawfare Institute and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

