All posts by Derek Muller

A curious litigation strategy in the Cochise County certification dispute

November 29, 2022, 8:08 amelection subversion riskDerek Muller

On the heels of the Chochise County Board of Supervisors’ decision not to approve the county’s canvass, I noted yesterday that I expected a mandamus action filed in the Arizona Supreme Court. But I was wrong. Two actions were filed,… Continue reading

“Cochise County Board of Supervisors votes to delay certification of election results”

November 28, 2022, 1:57 pmelection subversion riskDerek Muller

That’s the lede from the Arizona Republic. On the heels of the failed Otero County, New Mexico effort to block certification last summer, which resulted in a mandamus action followed by swift obedience, this effort in Arizona seems… Continue reading

Third Circuit decision in Mazo v. New Jersey Secretary of State upholds conditions on ballot designations

November 23, 2022, 10:23 amballot accessDerek Muller

The Third Circuit issued a decision today in Mazo v. New Jersey Secretary of State. (Disclosure: I filed an amicus brief in this case, joined by Professor Michael Dimino, in support of appellants.) Eugene Mazo (an election law professor… Continue reading

What the litigation path of eligibility challenges to Donald Trump may look like

November 15, 2022, 5:43 pmelectoral collegeDerek Muller

If I had a crystal ball into the future of litigation surrounding Donald Trump’s candidacy for the Republican presidential nomination, I would project something like this: In January 2024, administrative tribunals in Illinois and New Hampshire will issue the first… Continue reading

“I’m an election law expert who ran a polling station this election – here’s what I learned about the powerful role of local officials in applying the law fairly”

November 10, 2022, 4:48 amelection administrationDerek Muller

Over at The Conversation, I have this interview about my service as a poll worker. I chaired a precinct here in Iowa in the 2022 General Election (my second time chairing, and my third time working a polling place… Continue reading

11th Circuit finds eligibility challenge to Marjorie Taylor Greene moot, but one judge finds Georgia had no power to adjudicate her qualifications

November 3, 2022, 9:57 amcourt decisions, legislation and legislaturesDerek Muller

From Greene v. Secretary of State (disclosure: I filed an amicus brief in the case), a per curiam opinion (Judges Wilson, Branch, and Lagoa): As explained, in this federal lawsuit, Rep. Greene is seeking to enjoin the application of the… Continue reading

How the parties handle adverse precedent in Moore v. Harper

November 1, 2022, 11:45 amElections Clause, legislation and legislaturesDerek Muller

There’s plenty of precedent for the parties to rely upon in Moore v. Harper. I wanted to see how each side handled one of the toughest cases on either side–and apart from a brief aside from the petitioners, the… Continue reading

Divergent strategies may yield divergent outcomes in Arizona drop box voter intimidation cases

October 31, 2022, 6:31 pmDepartment of Justice, election administrationDerek Muller

Earlier here at ELB, Rick H. linked to a federal district court’s ruling refusing to issue an injunction against groups for patrolling ballot drop box locations, balancing the risks of voter intimidation with First Amendment interests. That case then saw… Continue reading

Divided Sixth Circuit enjoins some enforcement of Kentucky’s campaign speech rules in upcoming judicial election

October 31, 2022, 10:34 amjudicial electionsDerek Muller

From the per curiam opinion (Judges Thapar and Murphy) in Fischer v. Thomas (with light revisions):

Muller amicus brief in Moore v. Harper

October 27, 2022, 7:34 amlegislation and legislaturesDerek Muller

I filed this amicus brief in support of the respondents in Moore v. Harper. It argues that 2 U.S.C. § 2c requires that congressional single-member districts be drawn “by law,” which embraces state courts and state constitutions, as Justice Scalia’s… Continue reading

“Congress,” the Presentment Clauses, and Moore v. Harper

October 24, 2022, 12:37 pmlegislation and legislaturesDerek Muller

I appreciate the posts from Professor Rick Pildes and Professor Michael Herz on the nature of “Congress” under the Elections Clause, but I take a different approach. I don’t think “Congress” means different things in different parts of the Constitution.… Continue reading

The other batch of cases Moore v. Harper may not adequately address

October 17, 2022, 6:04 amlegislation and legislaturesDerek Muller

Justice Samuel Alito’s opinion dissenting from the denial of application for stay in Moore v. Harper last March offered the following reflection and string citation of cases: This case presents an exceptionally important and recurring question of constitutional law, namely,… Continue reading

AALS Section on Election Law Call for Submissions: Annual Scholarship Award

October 10, 2022, 1:45 pmUncategorizedDerek Muller

From an email I recently sent to the AALS Section on Election Law listserv: The AALS Section on Election Law is soliciting submissions for its annual scholarship award. The award is given to a single work that exemplifies excellence in… Continue reading

Did the Postal Service usurp Congress’s authority under the Elections Clause during the 2020 election?

October 10, 2022, 5:48 amElections Clause, legislation and legislaturesDerek Muller

A federal district court judge in Washington, DC just issued a decision in New York v. Biden (originally filed as New York v. Trump). Here are excerpts of New York’s claim under the Elections Clause, filed back in October 2020… Continue reading