Derek Clinger
@derekclinger.bsky.social
Senior Counsel, State Democracy Research Initiative at the University of Wisconsin Law School | Ohio State alum | Midwesterner
Reposted by Derek Clinger
The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1
February 6, 2026 at 4:14 PM
The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1
Reposted by Derek Clinger
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”
The FBI’s unprecedented seizure of 2020 election ballots and records in Fulton County, Georgia has election experts raising red flags for 2026.
One expert warns the raid was a possible test run for future midterm interference in swing districts.
One expert warns the raid was a possible test run for future midterm interference in swing districts.
FBI’s Fulton County raid may have been illegal, legal experts warn. But it definitely raises fears for 2026
'This is a test run for 2026... Trump could try to seize voting machines or otherwise interfere with state ballot tabulation processes in swing districts around the country.'
www.democracydocket.com
February 5, 2026 at 8:08 PM
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”
Reposted by Derek Clinger
The Utah governor just signed a bill to expand his state's supreme court by two seats.
Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
January 31, 2026 at 7:06 PM
The Utah governor just signed a bill to expand his state's supreme court by two seats.
Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
Reposted by Derek Clinger
California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws.
The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/
The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/
January 30, 2026 at 1:19 PM
California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws.
The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/
The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/
Reposted by Derek Clinger
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”
NEW: The FBI’s search warrant, which sought 2020 election ballots, tabulator tapes, digital data and voter rolls from Fulton County, GA, marked what experts described as a significant escalation in President Donald Trump’s breaking of democratic norms.
FBI’s Search of Georgia Election Center Is “Dangerous,” Experts Warn
The search warrant, which sought 2020 election ballots, tabulator tapes, digital data and voter rolls from Fulton County, marked what experts described as a significant escalation in President Donald ...
www.propublica.org
January 29, 2026 at 6:28 PM
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”
Reposted by Derek Clinger
This new Fulton Cnty. election search warrant raises _a lot_ of questions.
The apparent relevant crime is allegedly throwing away docs in '21 or '22.
What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?
The apparent relevant crime is allegedly throwing away docs in '21 or '22.
What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?
FBI execution of search warrant in Fulton #ELB
Justin here. Rick linked earlier today to what he called a “dangerous escalation” of DOJ/FBI aggressiveness in pursuing election records, when they executed a search warrant at a Fulton County electio...
electionlawblog.org
January 28, 2026 at 11:40 PM
This new Fulton Cnty. election search warrant raises _a lot_ of questions.
The apparent relevant crime is allegedly throwing away docs in '21 or '22.
What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?
The apparent relevant crime is allegedly throwing away docs in '21 or '22.
What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?
Reposted by Derek Clinger
@derekclinger.bsky.social won first place in the Institute for Election Administration Funding Solutions Contest, a national contest to propose innovative election administration funding solutions. Read his winning proposal: buff.ly/qSWyilv.
January 28, 2026 at 12:26 AM
@derekclinger.bsky.social won first place in the Institute for Election Administration Funding Solutions Contest, a national contest to propose innovative election administration funding solutions. Read his winning proposal: buff.ly/qSWyilv.
Reposted by Derek Clinger
JUDGE: “It concerns me that Attorney General Bondi’s letter cites three things that are the subject of pending litigation before this court,” referring to the District of Minnesota.
"Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"
"Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"
January 26, 2026 at 5:04 PM
JUDGE: “It concerns me that Attorney General Bondi’s letter cites three things that are the subject of pending litigation before this court,” referring to the District of Minnesota.
"Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"
"Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"
New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings.
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Tracker: DOJ Lawsuits Seeking States’ Sensitive Voter Data
Last Updated: January 23, 2026 As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has dema...
go.wisc.edu
January 23, 2026 at 7:12 PM
New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings.
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Reposted by Derek Clinger
On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8
January 22, 2026 at 2:49 PM
On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8
Reposted by Derek Clinger
As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. www.wired.com/story/dhs-da...
DHS’s Data Grab Is Getting Citizens Kicked Off Voter Rolls, New Complaint Says
As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result.
www.wired.com
January 22, 2026 at 10:35 AM
As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. www.wired.com/story/dhs-da...
Reposted by Derek Clinger
@derekclinger.bsky.social @uwlawdemocracy.bsky.social ponders what could happen next
NEW: After the dismissal of the DOJ’s lawsuit seeking California’s unredacted voter registration data, experts are now saying the ruling could make waves nationwide by encouraging courts to treat the Trump administration’s claims with the skepticism they deserve.
California judge’s dismantling of DOJ’s voter roll lawsuit could resonate nationwide
A federal judge’s comprehensive rebuke of the Department of Justice’s (DOJ) aggressive campaign for California’s voter rolls last week could hurt DOJ’s cases against other states, experts say.
www.democracydocket.com
January 21, 2026 at 7:35 PM
@derekclinger.bsky.social @uwlawdemocracy.bsky.social ponders what could happen next
Reposted by Derek Clinger
@uwlawdemocracy.bsky.social senior staff @derekclinger.bsky.social comments on federal court rulings blocking an executive order aimed at revising election rules nationwide, warning that the order is still having a tangible impact within the federal government. Read the full story:
Trump’s election executive order again set back with latest court ruling
Courts have so far blocked key provisions of the president’s executive order, but it’s had more influence over federal agencies.
buff.ly
January 15, 2026 at 4:00 PM
@uwlawdemocracy.bsky.social senior staff @derekclinger.bsky.social comments on federal court rulings blocking an executive order aimed at revising election rules nationwide, warning that the order is still having a tangible impact within the federal government. Read the full story:
1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.
My full analysis: statedemocracy.law.wisc.edu/featured/202...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?
Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r...
statedemocracy.law.wisc.edu
January 14, 2026 at 2:05 PM
1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.
My full analysis: statedemocracy.law.wisc.edu/featured/202...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Reposted by Derek Clinger
In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...
January 7, 2026 at 7:13 PM
In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...
My latest digs into whether the federal government can force states to hand over your voter data 👇
The federal government has been suing states to force them to hand over full voter registration lists, including personal details protected by state privacy law. Yesterday, DC, GA, IL, and WI became the latest to be sued. Our new explainer analyzes these legal disputes.
go.wisc.edu/xb7m0v
go.wisc.edu/xb7m0v
Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?
Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r...
statedemocracy.law.wisc.edu
December 19, 2025 at 10:11 PM
My latest digs into whether the federal government can force states to hand over your voter data 👇
Reposted by Derek Clinger
🚨BREAKING: A state district court has struck down Utah’s congressional map on the grounds that the legislature illegally repealed 2018 anti-gerrymandering standards approved by voters. State has until 9/24 to adopt new map.
August 26, 2025 at 1:39 AM
🚨BREAKING: A state district court has struck down Utah’s congressional map on the grounds that the legislature illegally repealed 2018 anti-gerrymandering standards approved by voters. State has until 9/24 to adopt new map.
Reposted by Derek Clinger
My latest scholarship roundup up for @statecourtreport.org covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!)
statecourtreport.org/our-work/ana...
statecourtreport.org/our-work/ana...
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
statecourtreport.org
August 21, 2025 at 6:35 PM
My latest scholarship roundup up for @statecourtreport.org covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!)
statecourtreport.org/our-work/ana...
statecourtreport.org/our-work/ana...
Reposted by Derek Clinger
The WI Supreme Court wrapped up its 2024-25 term with high-profile decisions on abortion, legislative committee vetoes, and more. Check out @bgodar.bsky.social’s explainer for a review of the term’s key cases and a preview of what’s to come: statedemocracy.law.wisc.edu/featured/202...
Wisconsin Supreme Court 2024-25 Term Review and 2025-26 Preview
Bryna Godar, Staff Attorney PDF Available Here Published: July 16, 2025 The 2024–25 Wisconsin Supreme Court term wrapped up this summer with a series of high-profile decisions, including on abortion, ...
statedemocracy.law.wisc.edu
July 18, 2025 at 6:58 PM
The WI Supreme Court wrapped up its 2024-25 term with high-profile decisions on abortion, legislative committee vetoes, and more. Check out @bgodar.bsky.social’s explainer for a review of the term’s key cases and a preview of what’s to come: statedemocracy.law.wisc.edu/featured/202...
Reposted by Derek Clinger
NEW from me: The GOP megabill will add $171 billion to immigration enforcement and ICE, a gigantic sum that'll pour funds into a vast network of detention + hire thousands of ICE agents and fund sheriffs.
I talked to an expert on just what to expect:
boltsmag.org/how-the-gop-...
I talked to an expert on just what to expect:
boltsmag.org/how-the-gop-...
How the GOP Megabill Would Turbocharge Local Immigration Enforcement - Bolts
Congress is poised to pour tens of billions of dollars into more immigration detention, private jails, and border operations, plus new ICE partnerships with local police and sheriffs.
boltsmag.org
July 3, 2025 at 4:59 PM
NEW from me: The GOP megabill will add $171 billion to immigration enforcement and ICE, a gigantic sum that'll pour funds into a vast network of detention + hire thousands of ICE agents and fund sheriffs.
I talked to an expert on just what to expect:
boltsmag.org/how-the-gop-...
I talked to an expert on just what to expect:
boltsmag.org/how-the-gop-...
Reposted by Derek Clinger
New: The Wisconsin Supreme Court ruled Wednesday that an 1849 law on abortion was impliedly repealed by later abortion legislation, so it no longer operates as a ban on abortion.
Read the opinion here: www.wicourts.gov/sc/opinion/D...
Read the opinion here: www.wicourts.gov/sc/opinion/D...
www.wicourts.gov
July 2, 2025 at 1:19 PM
New: The Wisconsin Supreme Court ruled Wednesday that an 1849 law on abortion was impliedly repealed by later abortion legislation, so it no longer operates as a ban on abortion.
Read the opinion here: www.wicourts.gov/sc/opinion/D...
Read the opinion here: www.wicourts.gov/sc/opinion/D...
Reposted by Derek Clinger
@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV
April 25, 2025 at 2:04 PM
@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV
As Ohio lawmakers consider overhauling a voter-approved initiative legalizing adult-use marijuana, my forthcoming Case Western Reserve Law Review essay argues their power to do so is much more limited than commonly assumed. papers.ssrn.com/sol3/papers....
April 9, 2025 at 8:18 PM
As Ohio lawmakers consider overhauling a voter-approved initiative legalizing adult-use marijuana, my forthcoming Case Western Reserve Law Review essay argues their power to do so is much more limited than commonly assumed. papers.ssrn.com/sol3/papers....
Reposted by Derek Clinger
We've updated our election litigation tracker to cover lawsuits in state & federal courts for 2024. Some takeaways:
> High volume of election litigation continued
> Most suits were in state court
> Majority of cases focused on the voting process
go.wisc.edu/q141gm
> High volume of election litigation continued
> Most suits were in state court
> Majority of cases focused on the voting process
go.wisc.edu/q141gm
Election-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court Filings
Following the 2024 election, we updated our survey of election-related lawsuits to help understand the role of litigation in our elections. This update underscores key themes from our survey of litiga...
go.wisc.edu
February 17, 2025 at 8:00 PM
We've updated our election litigation tracker to cover lawsuits in state & federal courts for 2024. Some takeaways:
> High volume of election litigation continued
> Most suits were in state court
> Majority of cases focused on the voting process
go.wisc.edu/q141gm
> High volume of election litigation continued
> Most suits were in state court
> Majority of cases focused on the voting process
go.wisc.edu/q141gm
Reposted by Derek Clinger
In light of *gestures wildly* all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
statecourtreport.org
February 12, 2025 at 12:38 AM
In light of *gestures wildly* all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.