All posts by Derek Muller

Purcell is about court-ordered changes to election administration–not all things that affect election administration

August 26, 2024, 11:27 amSupreme CourtDerek Muller

While I appreciate Rick H.’s critique of the Court’s decision in RNC v. Mi Familia Vota, I find myself in disagreement. He notes, “This is a change from the past when they could vote at least in federal races. It’s… Continue reading

Divided Seventh Circuit finds no standing for congressional candidate to challenge Illinois’s absentee ballot receipt deadline

August 22, 2024, 5:40 amcourt decisionsDerek Muller

The court was mostly unanimous but divided on a congressional candidate’s standing–including an interesting discussion that occasionally comes up in election law about what kind of risks or likelihoods courts should be thinking about when resolving disputes before an election… Continue reading

Federal court explains why there’s no reason to miss Georgia’s election certification deadline

August 22, 2024, 5:20 amUncategorizedDerek Muller

…back in 2018, when Common Cause asked a court to extend the certification deadline to amend ballot count totals after Stacey Abrams’s loss. From the plaintiff’s request: Although the requested injunctive relief may “require additional efforts” from Secretary Kemp… Continue reading

The Twelfth Amendment and Electoral Count Reform Act are more robust than public commentary suggests

August 19, 2024, 9:24 amelectoral collegeDerek Muller

Rachel Maddow has a piece in the New York Times on the topic du jour of 2024 election commentary, here about certifying election results. (Other recent pieces in this oeuvre include Reuters and the Guardian.) I’ll just draw from… Continue reading

Where the Arizona proof of citizenship dispute might lead

August 17, 2024, 8:31 amelection law and constitutional law, Elections Clause, Supreme CourtDerek Muller

Rick P. earlier noted that Republican National Committee v. Mi Familia Vota is pending for an emergency application for a stay before the Supreme Court. There are complicated issues about the procedural posture and the timing, including which way a… Continue reading

Is Michigan properly interpreting its own laws in keeping Cornel West off the ballot?

August 17, 2024, 6:23 amballot accessDerek Muller

Rick P. highlights this story from the Detroit News, which explains that Cornel West will be kept off the ballot. It includes a PDF of his “Affidavit of Identity,” which Bureau of Elections claims fails at least four elements… Continue reading

Is a new Georgia election rule cause for significant concern in 2024?

August 14, 2024, 9:43 amelection administrationDerek Muller

The Guardian lede claims, “Trump’s plan to steal election is taking shape.” Is that right? The New York Times opens this way: “The Republican-controlled Georgia State Election Board approved on Tuesday a measure that could empower local officials to refuse… Continue reading

“Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson”

August 12, 2024, 10:39 amelectoral college, Supreme CourtDerek Muller

I have recently posted this draft on SSRN. From the abstract: In the landmark case Trump v. Anderson, the Supreme Court unanimously held that states lack the unilateral power to exclude presidential candidates from the ballot on the basis… Continue reading

JD Vance on the Electoral Count Reform Act

August 1, 2024, 7:31 amelectoral collegeDerek Muller

From Reese Gorman at NOTUS: Asked if that means he would go so far as to put Trump’s desires above his constitutional authority — as Pence has said he was asked to do on Jan. 6, 2021, when Trump… Continue reading

Multiple federal courts toss election challenges for lack of standing, citing FDA v. AHM

July 10, 2024, 6:30 amSupreme CourtDerek Muller

Last month, I highlighted the Court’s decision in FDA v. AHM and suggested that the decision could disrupt some election litigation. That prediction is coming true. Yesterday, in Citizens Project v. Colorado Springs, a federal court dismissed Voting Rights Act… Continue reading

DC Circuit finds FEC improperly dismissed complaint that alleged coordination between Clinton, PAC in 2016

July 9, 2024, 8:57 amcampaign financeDerek Muller

Campaign Legal Center v. FEC, opinion by Judge Pillard, joined by Judges Childs and Edwards: Leaning heavily on that internet exemption, political action committee Correct the Record set out to engage in a wide range of coordinated activities to… Continue reading

11th Circuit finds Younger abstention applies to Georgia campaign finance dispute

July 8, 2024, 11:38 amcampaign financeDerek Muller

From New Georgia Project, Inc. v. Attorney General, an opinion by Judge Newsom, joined by Judges Rosenbaum and Marcus (some light revisions): In this appeal from the grant of a preliminary injunction, we are asked to decide whether two… Continue reading

Considerations for a presidential age limit amendment to the Constitution

July 6, 2024, 12:39 pmelection law and constitutional lawDerek Muller

Back in 2019, I wrote an op-ed in the Wall Street Journal entitled “No Country for Old Presidents,” in which I suggested it was time for serious consideration of an age limitation for presidential candidates and a constitutional… Continue reading

Divided Wisconsin Supreme Court reverses its 2022 decision, holds drop boxes are permissible under state law

July 5, 2024, 8:08 amelection administrationDerek Muller

The 4-3 decision in Priorities USA v. Wisconsin Elections Commission is here. Part III-A of the opinion focuses on the statutory interpretation issue. Part III-B focuses on the stare decisis issue, including these paragraphs (lightly revised): We have previously… Continue reading

Election Law Blog

The law of politics and the politics of law