Professor Derek Muller, an instructor on election law at Notre Dame Law School, was recently named a contributor for CNN’s coverage of Tuesday’s presidential election. He was tasked with following ongoing legal disputes that could impact the outcome of the election.
Muller’s contributions to CNN will help the network provide its journalists and its viewers with concrete answers about the nuances of election law, particularly on lawsuits filed before the election and after polling concludes. This includes assessing how likely a court case is to succeed and the implications of these cases.
“Every election cycle, it seems like there’s more litigation,” Muller said.
In his research into election law, Muller focuses on how states administer federal elections and the complexities that come along with this process.
“There’s always this interaction between what the state laws require, which can be unique from state to state, [and] what the federal overlay is, whether it’s federal statutes or the federal constitution,” he said.
He cited many instances leading up to the 2024 election in which state administration of federal elections have already come into question, such as how Virginia recently purged 1600 people from its voter rolls and how absentee ballots are being handled in states like Nevada, Mississippi and Pennsylvania.
While Muller believes there is plenty of uncertainty regarding the outcomes of these suits, he did not predict anything too serious. “I don’t anticipate very much in the way of significant litigation after the election,” Muller said.
He mentioned that unless Vice President Harris or former President Trump wins by a very small margin — that is, by hundreds of votes in a single state — it would be very difficult to contest the results.
Nevertheless, Muller is keeping a close eye on legal issues ranging from Elon Musk’s PAC lottery in Pennsylvania to Nevada’s Supreme Court allowing late ballots.
“People want to talk about everything,” he said.
Muller has gained national recognition for his work and insight. He has been referenced by CNN in election articles multiple times before being named a contributor and he has written opinion columns for the New York Times and the Wall Street Journal.
“I’ve had a lot of journalists with a lot of thoughtful questions over the years that I’ve been able to address, and I’m very honored that they keep coming back to me and are interested in what I have to say,” Muller said.
Muller also regularly writes for the Election Law Blog and The Conversation, and he is a member of the American Law Institute.
While Muller views his primary responsibilities to be teaching and doing research, he said he feels proud to be able to represent Notre Dame in the media. “I largely view [my contributions] as a service to the University,” he said.
