The FPA has received enormous media attention. The partisan battles have been well covered. Most Americans favor fair and just voting rights and laws. Most want voting to be accessible and simplified. Most want money influence on our campaigns and elected representatives eliminated or at least moderated. This NFRPP event will cover the issues in detail and offer a way to move this needle in the direction of a flourishing democracy.
Daniel I. Weiner serves as deputy director of the Brennan Center’s Election Reform Program, where he helps to lead the Center’s work on money in politics, election security, government ethics, and other democracy and rule of law issues. He is the author or co-author of several nationally-recognized reports, and also writes and comments regularly for media outlets such as the New York Times, the Washington Post, Slate, MSNBC, and NPR. He has provided policy advice and drafting assistance to lawmakers in Washington and across the country, and delivered testimony and briefings to Congress, state legislatures, and federal and state agencies.
Weiner previously served as senior counsel to Commissioner Ellen L. Weintraub at the Federal Election Commission, including during her term as chair of the Commission in 2013. In this role, Weiner assisted with managing the agency and advised the commissioner on a broad array of issues under the First Amendment, federal campaign finance law, and the Administrative Procedure Act. Before his service at the FEC, Weiner practiced law in the Washington, D.C. office of Jenner & Block, LLP. At Jenner, Weiner litigated cases at the trial and appellate levels, counseled a wide variety of regulatory clients, and maintained an active pro bono practice focused on LGBTQ+ rights.
Weiner received his JD from Harvard Law School. He clerked for the Honorable Diana E. Murphy on the United States Court of Appeals for the Eighth Circuit. He graduated magna cum laude with honors from Brown University, with a degree in history. Outside of his work at the Brennan Center, Weiner presides over attorney discipline cases as chairman of a standing hearing committee for the District of Columbia Board on Professional Responsibility.
Edward B. Foley holds the Ebersold Chair in Constitutional Law at The Ohio State University, where he also directs its election law program. He is a contributing opinion columnist for the Washington Post, and for the 2020 election season, he served as an NBC News election law analyst.
His most current book, Presidential Elections and Majority Rule (Oxford University Press, 2020), excavates the long-forgotten philosophical premises of how the Electoral College is supposed to work, as revised by the Twelfth Amendment to the U.S. Constitution, and then uses this historical analysis to provide a feasible basis for reform of state laws that would enable the Electoral College to operate according to majority-rule objectives it was designed to achieve.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
As Reporter for the American Law Institute’s Project on Election Administration, Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). In addition to his Washington Post opinion columns, his op-eds and other essays have appeared in the New York Times, the Atlantic, Politico, and Slate, among other publications, and he frequently writes online commentary on election law issues of public interest.
Foley clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit and Justice Harry Blackmun of the United States Supreme Court. He has also served as State Solicitor in the office of Ohio’s Attorney General, where he was responsible for the state’s appellate and constitutional litigation.
Professor Foley is a graduate of Columbia University School of Law and Yale College.