All posts by Derek Muller

Mesa County, Colorado election clerk under investigation for security breach

August 9, 2021, 1:45 pmelection administrationDerek Muller

Developing story in Colorado. First from the Denver Post: Mesa County’s election office is being investigated after passwords for its election equipment allegedly were posted on social media and a right-wing blog earlier this month.The Colorado Secretary of State’s… Continue reading

Sixth Circuit affirms convictions for unlawful contributions to Kentucky candidate for U.S. Senate

August 9, 2021, 1:44 pmcampaign finance, campaignsDerek Muller

The opinion in United States v. Emmons is here. Alison Lundergan Grimes from Kentucky challenged Mitch McConnell in 2014 for a U.S. Senate seat. Her father (who ran a closely-held business) and a family friend were found guilty of… Continue reading

North Carolina pilots risk-limiting audits in upcoming election

August 9, 2021, 1:43 pmelection administrationDerek Muller

Good news detailed here, as states have slowly begun to build such programs (NCSL has other details).

“Reducing Election Litigation”

August 9, 2021, 5:59 amcampaign finance, guest blogging election law scholarshipDerek Muller

I have this draft on SSRN of a piece coming out in the Fordham Law Review as a part of its recent election law symposium. It’s a small effort to think about election litigation and how it might be reduced.… Continue reading

“Lead felony charge against Jan. 6 defendants could be unconstitutionally vague, U.S. judge warns”

August 9, 2021, 5:50 amelection subversion risk, electoral collegeDerek Muller

Washington Post: A federal judge has warned that the lead felony charge leveled by the government against Capitol riot defendants could be unconstitutionally vague, potentially putting convictions at risk of being overturned on appeal.U.S. District Judge Randolph D. Moss… Continue reading

“Trump’s Repeating Donation Tactics Led to Millions in Refunds Into 2021”

August 8, 2021, 2:03 pmcampaign financeDerek Muller

New York Times: The aggressive fund-raising tactics that former President Donald J. Trump deployed late in last year’s presidential campaign have continued to spur an avalanche of refunds into 2021, with Mr. Trump, the Republican Party and their shared… Continue reading

Weighing risks to the 2024 Electoral College

August 8, 2021, 2:02 pmelectoral collegeDerek Muller

Rick and Ned each offer some worries about future presidential elections and mechanics that state legislatures might employ to undermine the election. I wanted to offer brief thoughts about why I’m somewhat less fearful on these two particular concerns. To… Continue reading

“Zuckerberg’s cash fuels GOP suspicion and new election rules”

August 8, 2021, 8:37 amelection administrationDerek Muller

Associated Press: When Facebook founder Mark Zuckerberg donated $400 million to help fund election offices as they scrambled to deal with the coronavirus pandemic late last summer, he said he hoped he would never have to do it again.Republican… Continue reading

“Photo identification laws and perceptions of electoral fraud”

August 8, 2021, 8:34 amvoter idDerek Muller

Recent publication in Research & Politics: Photo identification (ID) laws are often passed on the premise that they will prevent voter fraud and/or reduce perceptions of electoral fraud. The impact of ID laws on perceptions of electoral fraud remains unsettled… Continue reading

“Former Acting Attorney General Testifies About Trump’s Efforts to Subvert Election”

August 7, 2021, 2:53 pmDepartment of Justice, election subversion risk, electoral collegeDerek Muller

New York Times: Jeffrey A. Rosen, who was acting attorney general during the Trump administration, has told the Justice Department watchdog and Congressional investigators that one of his deputies tried to help former President Donald J. Trump subvert the… Continue reading

“Sex, Suffrage, and State Constitutional Law: Women’s Legal Right to Hold Public Office”

August 7, 2021, 2:50 pmballot access, campaignsDerek Muller

New draft from Elizabeth D. Katz on SSRN, forthcoming in the Yale Journal of Law & Feminism. Abstract: On January 20, 2021, Kamala Harris was sworn in by Justice Sonia Sotomayor as the nation’s first woman Vice President. This… Continue reading

“Partisan Polarization Is the Primary Psychological Motivation behind Political Fake News Sharing on Twitter”

August 7, 2021, 7:23 amcampaigns, cheap speechDerek Muller

Recent article of note in the American Political Science Review: The rise of “fake news” is a major concern in contemporary Western democracies. Yet, research on the psychological motivations behind the spread of political fake news on social media… Continue reading

“Purcell in Pandemic”

August 7, 2021, 7:17 amcourt decisions, election administrationDerek Muller

I hope to highlight a few academic pieces this weekend. First up, a piece from Wilfred U. Codrington III forthcoming in the NYU Law Review on SSRN. From the opening of the abstract: Given the major events in the… Continue reading

“Democrats Reboot Stalled Election-Law Push”

August 7, 2021, 7:15 amlegislation and legislaturesDerek Muller

A couple of details from the Wall Street Journal: Senate Rules Committee Chairwoman Amy Klobuchar (D., Minn.) met on Thursday with other Democrats including Sen. Joe Manchin (D., W.Va.) to iron out some remaining sticking points.The Democrats have agreed… Continue reading