All posts by Derek Muller

Did a sleepy decision in October 2024 open the door for more federal court power over state election disputes (like the North Carolina Supreme Court dispute)?

January 30, 2025, 2:15 pmcourt decisionsDerek Muller

Back in October, I blogged about a Fourth Circuit decision in RNC v. N.C. St. Bd. of Elections. At the time, I briefly excerpted the “wonky” decision. But listening to oral argument in Griffin v. N.C. St. Bd. of … Continue reading

Newly-released OLC memo from 2020: “Transmission of Electoral-College Certificates by ‘Registered Mail'”

January 18, 2025, 10:24 amelectoral collegeDerek Muller

This memo from the Office of Legal Counsel was released January 17, 2024, but was written February 27, 2020 (i.e., late in the first Trump administration and well before Election Day). There is an editor’s note that the Electoral Count… Continue reading

On remand, divided Michigan Court of Appeals allows 2020 political robocall prosecution to proceed

January 2, 2025, 7:38 amcampaignsDerek Muller

Back in June, the Michigan Supreme Court narrowed the construction of its “voter intimidation statute.” Five justices agreed the case should be remanded, while two would have held the conduct outside the statute. I blogged about that case here,… Continue reading

Sixth Circuit finds no standing for Michigan legislators to challenge ballot initiative under Elections Clause

December 27, 2024, 10:46 amElections Clause, voter initiativesDerek Muller

Opinion in Lindsey v. Whitmer by Chief Judge Sutton, joined by Judges Bush and Murphy (excerpts lightly revised): In 2022, voters passed Proposal 2, which created new voter-identification options, state-funded prepaid postage for absentee ballots, secure ballot drop boxes, and… Continue reading

“Wisconsin Republicans sue to resolve conflict of when Electoral College votes must be cast for Trump”

December 10, 2024, 6:27 amelectoral collegeDerek Muller

That’s the headline from the Associated Press. The Electoral Count Reform Act pushed back the date the electors meet by one day to allow an extra day for resolving disputes in the states, without moving too close to the… Continue reading

Pennsylvania appeals court finds Democratic election observers’ “Voter Protection” badges violated state electioneering statute

November 22, 2024, 12:18 pmelection administrationDerek Muller

From the Commonwealth Court of Pennsylvania’s decision In re: General Election, 2024, a unanimous three-judge decision (lightly revised): On Election Day, November 5, 2024, counsel for the [Trump] Campaign [and RNC] appeared at Philadelphia’s Election Court and requested an… Continue reading

Felony disclosure requirement for federal candidates in North Carolina is not an impermissible additional qualification, Fourth Circuit holds

November 18, 2024, 7:15 amcourt decisions, election administrationDerek Muller

From Sharma v. Hirsch, an opinion by Judge Wilkinson, joined by Judges Richardson and Rushing:

Bucks County, Pennsylvania election official: “People violate laws any time they want, So, for me, if I violate this law it’s because I want a court to pay attention.”

November 15, 2024, 6:01 amelection administrationDerek Muller

Ugly election administration scene and legal dispute playing out in Pennsylvania, here reported by Katie Bernard, Jeremy Roebuck, Sean Collins Walsh, and Fallon Roth at the Philadelphia Inquirer: It’s been a week since the Associated Press called Pennsylvania’s tight… Continue reading

The Time of Choosing Clause and its constraint on more outlandish Electoral College scenarios

November 1, 2024, 10:51 amelectoral collegeDerek Muller

There have been some doomsday scenarios about activities state legislature might engage in after Election Day. A little context (and a long blog post!) may help explain why state legislatures are not free to do whatever they’d like, contrary to… Continue reading

“Trump campaign announces lawsuit against Bucks County over long lines and early cut-offs for voters casting mail ballots”

October 30, 2024, 7:49 amelection administrationDerek Muller

One more story to watch in Pennsylvania, from the Philadelphia Inquirer (UPDATE: the court extended the deadline by one day, per the story here): Former President Donald Trump’s campaign is planning to file a lawsuit against Bucks County over… Continue reading

Some risks about overstating risks this election

October 30, 2024, 6:50 amelectoral collegeDerek Muller

In the midst of so many disaster scenarios and worries ahead of this election, it’s worth noting that the more that risks are overstated, the more legitimate those risks appear. It’s been disappointing to see many stories (too many to… Continue reading

4th Circuit finds RNC raised federal question in NC state equal protection dispute by invoking HAVA

October 29, 2024, 1:04 pmcourt decisions, voter registrationDerek Muller

Wonky civil procedure decision today (that is, Republicans filed in state courts and would have preferred to stay there; the board removed to federal court and wanted to stay there) in RNC v. N.C. State Bd. of Elections (lightly revised):… Continue reading

Some perspective on this week’s recent election law disputes

October 29, 2024, 6:42 amabsentee ballots, election administration, Supreme CourtDerek Muller

Virginia has around 5,800,000 active registered voters. In Beals v. Virginia Coalition for Immigrant Rights, about 1600 voter registrations are in dispute–about 0.02% of the total registered voters. (And of course, while not all registered voters vote, many of… Continue reading

“‘We addressed it’: Why this election will be harder to stop on Jan. 6, 2025”

October 23, 2024, 5:47 amelectoral collegeDerek Muller

Senators on the record, from Burgess Everett and Elana Schor at Semafor: The US and world are bracing for post-election chaos in Washington on Jan. 6, 2025, as Congress prepares to name a presidential winner. The reality is another… Continue reading

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The law of politics and the politics of law