All posts by Derek Muller

“The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act”

February 21, 2024, 11:56 amelection law and constitutional law, electoral collegeDerek Muller

The Case Western Reserve Law Review has just published my article, “The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act.” Here is the abstract: When Congress convenes under… Continue reading

Near-unanimous Wisconsin Senate advances important bill responding to Electoral Count Reform Act

February 20, 2024, 12:28 pmelectoral collegeDerek Muller

In December 2022, I blogged about how state legislatures needed to take a look at how their existing election codes fit with the Electoral Count Reform Act. In particular, “States should be working backwards from that deadline to determine… Continue reading

On January 6, 2025

February 15, 2024, 6:43 amballot access, electoral collegeDerek Muller

When Congress convenes to count electoral votes on January 6, 2025, it will face intense pressure. If the Supreme Court rejects Colorado’s effort to bar Donald Trump from the primary ballot, its path seems likely to leave the door open… Continue reading

Trump v. Anderson v. Celebrezze

February 9, 2024, 5:27 amballot accessDerek Muller

Professor Marty Lederman has significantly expanded his analysis of the Anderson v. Celebrezze issue in Trump v. Anderson over at Balkinization, here. As ELB readers may recall, I flagged the Anderson issue back in October, and my briefing… Continue reading

Some thoughts on state power to conduct presidential primaries (and why the Moore v. Harper claim may really be legally meritless)

February 6, 2024, 1:41 pmballot access, Elections ClauseDerek Muller

On the heels of some arguments raised by Marty Lederman and challenged by Richard Bernstein, I wanted to weigh in on Professor Lederman’s side–and in doing so, turn to agree with Mr. Bernstein’s sharp observation the Moore v. Harper… Continue reading

Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

Trump v. Anderson: the election law case that wasn’t (but might be)

February 2, 2024, 5:27 amballot accessDerek Muller

I have long treated Trump v. Anderson (and related cases) as an election law case first, and as a separate substantive constitutional law (or Section 3) case second. I’ve long had this view on these qualifications cases, stretching back a… Continue reading

“Big 2024 Presidential Election Changes Are Leaving Voters Baffled”

January 9, 2024, 8:33 amprimariesDerek Muller

A striking piece in today’s Wall Street Journal: Iowa Republicans on Monday will caucus to choose a presidential candidate, but Democrats will start to vote by mail and wait weeks for results. In New Hampshire the following week, both… Continue reading

What happens to votes cast in Colorado for Trump in the primary?

January 5, 2024, 5:44 amballot accessDerek Muller

From the conclusion of the Colorado Supreme Court’s decision in Anderson v. Griswold:

NRSC brief relies on U.S. Term Limits to argue that judging Trump’s qualifications today is an unconstitutional additional qualification

January 4, 2024, 4:32 amballot accessDerek Muller

This amicus brief by the NRSC in the Trump Colorado ballot access case presents a very plausible path forward for the Supreme Court–but not one without its own challenges. From the brief’s opening:

BREAKING: by 4-3 vote, Colorado Supreme Court bars Trump from primary ballot

December 19, 2023, 3:06 pmballot accessDerek Muller

The Colorado Supreme Court, in a 4-3 decision, has issued its decision in Anderson v. Griswold, here. (Disclosure: I filed an amicus brief in support of neither party in the case.) From the opinion: In this appeal from a… Continue reading

Handing off blogging to Spencer Overton

December 17, 2023, 5:20 pmUncategorizedDerek Muller

Send your tips and questions to Spencer! I’m grateful for the opportunity to step in this week. And of course I’ll crop up now and again as Section 3 cases reach resolution….

German Constitutional Court decision on state subsidies to political parties

December 17, 2023, 5:16 pmcampaign finance, comparative election law, political partiesDerek Muller

Sam Issacharoff passes along this interesting January ruling from the German Constitutional Court. It found unconstitutional an increase in state subsidies to political parties on the grounds that the parties had an obligation to prove commitment from their constituents. The… Continue reading