All posts by Derek Muller

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

“How Florida Fixed Its Vote-Counting Problem After the 2000 Election”

December 17, 2023, 5:15 pmelection administrationDerek Muller

Reason. Reminds me of this piece by Jeb Bush in the Wall Street Journal in 2020.

Clopton and Shaw on litigation and electoral time

December 17, 2023, 9:26 amcourt decisions, legislation and legislatures, Supreme CourtDerek Muller

New draft from Zachary Clopton (Northwestern) and Kate Shaw (Cardozo en route to Penn), forthcoming in the Wisconsin Law Review, is here, entitled Public Law Litigation and Electoral Time. Here’s the abstract: Public law litigation is often politics by… Continue reading

Kokolis and Tremitiere on fusion voting

December 17, 2023, 9:26 amalternative voting systemsDerek Muller

Another whitepaper at Protect Democracy by Cyrena Kokolis and Beau Tremitiere, Fusion Voting and a Revitalized Role for Minor Parties in Presidential Elections. Here’s the introduction: The run-up to the 2024 presidential election is highlighting the deep dissatisfaction throughout… Continue reading

Mainwaring and Drutman on multiparty presidentialism

December 17, 2023, 9:25 ampolitical partiesDerek Muller

Scott Mainwaring (Notre Dame) and Lee Drutman (senior fellow at New America) have this new whitepaper at Protect Democracy, “The Case for Multiparty Presidentialism in the U.S.“: For many Americans, anything besides our two-party electoral system is hard… Continue reading

Cervas, Grofman, Matsuda, and Kawa on partisan gerrymandering and state courts

December 17, 2023, 9:25 amredistrictingDerek Muller

New paper from Jonathan Cervas (Carnegie Mellon), Bernard Grofman (UC-Irvine), Scott Matsuda (NYLS), and Justine Kawa (NYLS), Partisan Gerrymandering Cases in State Supreme Courts in the 2020s Redistricting Round. The abstract: After the U.S. Supreme Court opted out of… Continue reading

“How the battle for absentee ballots defined the Bridgeport election”

December 17, 2023, 5:16 amabsentee ballots, RemediesDerek Muller

On the heels of the unusual court order for a new Democratic primary in the Bridgeport mayoral race, the Connecticut Mirror has this fascinating in-depth look at how the abstentee ballot war, at the heart of the corruption scandal,… Continue reading

“Trump confronts ‘scheduling nightmare’ as court cases collide with campaign”

December 17, 2023, 5:13 amcampaignsDerek Muller

Politico: Donald Trump’s upcoming court calendar is creating a logistical headache for his presidential campaign. “It’s a scheduling nightmare,” Trump senior adviser Susie Wiles told reporters Saturday. “There’s no way to sugarcoat that.” Already ricocheting from the courtroom to… Continue reading

“Ron DeSantis wanted to change the way campaigns were funded. Then the fights started.”

December 17, 2023, 5:11 amcampaign finance, campaignsDerek Muller

Washington Post: Florida Gov. Ron DeSantis entered the Republican presidential race with an unmatched war chest and a $269 million plan to change how campaigns are usually funded. His first campaign manager, Generra Peck, developed the strategy and selected… Continue reading

Manheim on electoral sandbagging

December 16, 2023, 10:07 amelection administration, Supreme CourtDerek Muller

Just published in the UC Irvine Law Review: Lisa Marshall Manheim (Washington), Electoral Sandbagging. An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.”… Continue reading

Stewart on voting machines

December 16, 2023, 10:06 amelection administrationDerek Muller

Charles Stewart III (MIT), Voting Machines: Friend or Foe? Here is the abstract: Over ninety-nine percent of all ballots cast in the 2020 presidential election were counted by a computer. It is hard to imagine that underlying such a ubiquitous… Continue reading

Grewal on Section 2 of the Voting Rights Act

December 16, 2023, 10:06 amVoting Rights ActDerek Muller

Andy Grewal (Iowa), forthcoming in the Fordham Law Voting Rights and Democracy Forum, Discriminatory Intent Claims Under Section 2 of the Voting Rights Act. Here is the abstract: This Article addresses a new controversy over whether Section 2 of… Continue reading