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Nedfoley's profile
Ned Foley
Ned Foley
Ned Foley
@Nedfoley

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Ned Foley

@Nedfoley

Professor & Director, Election Law at Ohio State; Contributing Columnist, The Washington Post; NBC News Election Law Analyst.

u.osu.edu/electionlaw/
Joined May 2010

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    1. Ned Foley‏ @Nedfoley 10 Apr 2020

      1/4 A line in SCOTUS order is causing confusion: "in order to be counted in this election a voter's absentee ballot must be either (i) postmarked by election day [4/7/20], & received by [4/13/20] at 4:00pm, or (ii) hand-delivered as provided under state law by [4/7/20] at 8:00pm"

      1 reply 12 retweets 26 likes
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      Ned Foley‏ @Nedfoley 10 Apr 2020

      2/2 At first, the line seems a SCOTUS mandate not to count any ballot beside these. But that's a misreading. First, right before this quote is a qualifier: "subject to any further alterations that the State may make to state law"; this makes clear state law can count more ballots

      8:27 PM - 10 Apr 2020
      • 3 Retweets
      • 15 Likes
      • Laney Rebecca Davies🗽😷 Human rights for all Redtail 𝕁𝕖𝕣𝕠𝕞𝕖 ℙ𝕒𝕟𝕕𝕖𝕝𝕝 Chris Larson Nicolás Macri BlackHumor🏴🔥 Wuthering Heights
      3 replies 3 retweets 15 likes
        1. New conversation
        2. Ned Foley‏ @Nedfoley 10 Apr 2020

          3/4 Plus, key operative language of SCOTUS is at start: "District Court's order granting preliminary injunction is stayed to the extent it requires the State to count absentee ballots postmarked after April 7, 2020." This shows SCOTUS is only limiting what federal court can order

          1 reply 3 retweets 13 likes
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        3. Ned Foley‏ @Nedfoley 10 Apr 2020

          4/4 It's essential to understand procedural posture of SCOTUS stay, & specific issue before SCOTUS, to see that SCOTUS is not blocking how state law counts ballots, only what federal court can order in preliminary injunction ruling. Alas, it seems like this isn't well understood

          3 replies 6 retweets 25 likes
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        4. End of conversation
        1. cw‏ @BoufantPuffydoo 10 Apr 2020
          Replying to @Nedfoley

          That's not going to happen.

          0 replies 0 retweets 0 likes
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        1. Gary Collard‏ @LakerGMC 10 Apr 2020
          Replying to @Nedfoley

          Thus the WI legislature is free to change the law to allow votes cast after the election to be counted, should they so choose. They just cannot count votes cast after the election under existing state law.

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