All posts by Derek Muller

The effect of Brnovich v. DNC on the intentional discrimination lawsuit against Georgia

July 23, 2021, 8:00 amabsentee ballots, Department of Justice, Supreme Court, Voting Rights ActDerek Muller

Over at RealClearPolitics, I have this piece looking at the potential effect of Brnovich v. Democratic National Committee on intentional discrimination claims, including the lawsuit recently filed by the Justice Department against portions of Georgia’s SB 202. Much of the… Continue reading

Court concludes California candidate tax disclosure law applies only to gubernatorial primaries, not recalls

July 21, 2021, 5:53 pmballot access, recall elections, tax law and election lawDerek Muller

California recently enacted a law to compel presidential candidates and gubernatorial candidates to disclose their tax returns as a condition for appearing on the primary ballot. The presidential rule was targeted at Donald Trump; the gubernatorial rule added at the… Continue reading

When has a state enacted a “new hurdle” to voting?

July 14, 2021, 6:30 amvotingDerek Muller

Dan links to an analysis from the Washington Post citing figures from the Voting Rights Lab about “18 states” that “enacted 35 laws with provisions that create new hurdles to vote.” The piece has some important depth-of-treatment looks at what’s… Continue reading

“Electoral Votes Regularly Given”

July 12, 2021, 6:25 amelectoral college, legislation and legislatures, statutory interpretationDerek Muller

I’ve posted a couple of brief items already, but I want to take a moment to join the other new contributors in thanking Rick for his kind invitation to join the Election Law Blog. This site has been an extremely… Continue reading

Analysis of the federal court challenge to Illinois’s redistricting plan

July 6, 2021, 5:45 amcensus litigation, redistrictingDerek Muller

Dean Vik Amar and Professor Jason Mazzone, both of the University of Illinois, have a two part series (one, two) at Justia’s “Verdict” on McConchie v. Illinois State Board of Elections, a challenge to Illinois’s redistricting … Continue reading

“The University of Michigan Guide to Gerrymandering”

June 30, 2021, 7:24 amredistrictingDerek Muller

Former Michigan Supreme Court justice Stephen Markman recently published this op-ed in the Wall Street Journal on proposals around Michigan’s redistricting process. It begins: Michigan is on the verge of adopting what proponents describe as a “new theory of representation,”… Continue reading