Governors' Powers: Can They Change Election Laws?

Governors have key responsibilities in election administration and voting procedures. They can issue executive orders, create advisory or investigative committees and commissions, manage intergovernmental coordination, and, in some states in times of emergency, suspend existing state laws. Governors can also implement some election changes by executive order, such as establishing automatic voter registration. They can also create commissions to study interagency cooperation on elections and appoint state officials, board members, and commissioners, including individuals who have a role in election administration or oversight. In some states, governors have the power to issue line-item vetoes that eliminate or reduce appropriations in the state budget. For example, Virginia Governor Glenn Youngkin vetoed a proposal that would have aligned the state's primary elections with presidential primaries, rejected a bill that would have allowed local communities to invest in school construction and renovation, and amended a bill extending the data retention period for automatic license plate recognition systems.

Governors can issue executive orders to change election laws

Governors have key responsibilities in election administration and voting procedures. They can issue executive orders, create advisory or investigative committees and commissions, and manage intergovernmental coordination. In some states, governors can also suspend existing state laws in times of emergency, allowing election officials to adapt to changing circumstances during a pandemic or natural disaster.

For example, governors can implement election changes by executive order, such as establishing automatic voter registration. They can also create commissions to study interagency cooperation on elections and appoint state officials, board members, and commissioners with roles in election administration or oversight. In many states, governors can appoint judges who will hear subsequent challenges to state election laws and procedures.

Additionally, governors can sign or veto legislation that shapes election procedures and funds election administration. They can issue certificates verifying the official winner of a state's presidential race and pursue specific bills related to elections. Governors can also authorize executive branch officials to testify on legislative proposals and weigh in on bills with legislators.

While governors have significant influence over election laws and procedures, it is important to note that their actions may face legal challenges if they are seen as encroaching on state powers outlined in the Constitution. For instance, lawmakers changed a law in 2021 to limit the power of the governor of New York, who previously had the ability to wait as long as they wanted to call a special election.

Governors can temporarily suspend laws to allow election officials to adapt to changing circumstances (e.g. during a pandemic or natural disaster)

Governors have key responsibilities in various aspects of election administration and voting procedures. They can issue executive orders, create advisory or investigative committees and commissions, and manage intergovernmental coordination. In some states, governors can even suspend existing state laws in times of emergency.

In the context of elections, governors can play a crucial role in ensuring the smooth conduct of the electoral process. For instance, they can temporarily suspend specific laws to enable election officials to adapt to changing circumstances. This could be especially relevant during a pandemic or a natural disaster. By suspending certain laws, governors provide the flexibility required for election officials to make necessary adjustments and ensure that elections can proceed safely and fairly.

For example, during the COVID-19 pandemic, governors in several states used their executive powers to suspend or modify certain election laws. These modifications included changes to voter registration procedures, absentee voting rules, and the extension of deadlines for mail-in ballots to ensure that voters could safely cast their votes without compromising their health.

It is important to note that the governor's authority to suspend laws is typically limited to specific circumstances and may require consultation with other state agencies or officials. Additionally, the suspension of laws should not infringe on the fundamental rights of citizens, including their voting rights. In some cases, the suspension of laws by governors has been met with legal challenges, particularly when it involves changes to voter registration requirements or voting procedures, as seen in the case of President Donald Trump's executive order.

Furthermore, governors can also propose and implement election law changes through executive orders. For instance, they can establish automatic voter registration or create commissions to study interagency cooperation on elections. These actions can help streamline the election process and improve efficiency. Additionally, governors have the authority to appoint state officials, board members, and commissioners involved in election administration, further solidifying their influence on the election process.

Governors can implement election changes by executive order, such as automatic voter registration

Governors have key responsibilities in various aspects of election administration and voting procedures. They can issue executive orders, create advisory or investigative committees and commissions, manage intergovernmental coordination, and, in some states, suspend existing state laws in times of emergency.

In the election and voting arena, a governor can temporarily suspend laws so election officials can adapt to changing circumstances during a pandemic or natural disaster. Some governors can implement some election changes by executive order, such as establishing automatic voter registration. They can also create commissions to study interagency cooperation on elections.

For example, in 2020, California Governor Gavin Newsom issued an executive order giving counties permission to consolidate polling places in the November 3, 2020, general election, provided they offered three days of early voting. In the same year, Connecticut Governor Ned Lamont issued an executive order directing election officials to accept absentee ballots postmarked by a certain date and delivered by another date.

Governors have the authority to appoint state officials, board members, and commissioners, including individuals who play a role in election administration or oversight, such as state auditors. In many states, governors can appoint judges who will hear subsequent challenges to state election laws and procedures. Governors also play a pivotal role in the legislative process by signing or vetoing all bills that pass the state legislature.

Governors can create commissions to study interagency cooperation on elections

Governors have a significant role in election administration and voting procedures. They can issue executive orders, create advisory or investigative committees and commissions, and manage intergovernmental coordination. One of the key responsibilities of governors is to ensure that elections are conducted fairly, freely, and securely. They work alongside the attorney general and the secretary of state to set election rules, oversee voting, supervise vote counts, certify results, and defend the voters' will in court.

In the context of interagency cooperation, governors have the authority to create commissions to study and improve collaboration between different agencies involved in election processes. These agencies can include the Election Assistance Commission (EAC), the Cybersecurity and Infrastructure Security Agency (CISA), and the United States Postal Service (USPS). The EAC, established in 2002, is dedicated to election administration, providing best practices, distributing federal funding, approving voting system guidelines, and certifying voting systems. CISA, an agency within the Department of Homeland Security, is responsible for protecting critical infrastructure, including election-related cybersecurity. The USPS plays a crucial role in transmitting election mail and informing officials about mail procedures and best practices.

By creating commissions to study interagency cooperation, governors can facilitate better coordination between these agencies, ensuring efficient and secure elections. This can include exploring ways to enhance data sharing, streamline processes, and address any challenges that may arise due to interagency interactions. For example, a commission could recommend standardizing data formats and communication protocols to facilitate seamless information exchange between the EAC and local election officials.

Additionally, governors can also appoint individuals to roles with direct or indirect influence on election administration. They can appoint state officials, board members, and commissioners, such as state auditors, who play a role in election oversight. In some states, governors also appoint judges who will hear challenges to state election laws and procedures, further shaping the interpretation and implementation of election laws.

Governors can appoint state officials, board members, and commissioners, including those with roles in election administration

Governors have key responsibilities in various aspects of election administration and voting procedures. They can appoint state officials, board members, and commissioners, including those with roles in election administration or oversight, such as state auditors. Governors can also appoint judges who will hear subsequent challenges to state election laws and procedures.

In some states, another official or a commission oversees elections instead of the secretary of state. Governors can issue executive orders, create advisory or investigative committees and commissions, and manage intergovernmental coordination. They can also temporarily suspend laws in times of emergency so that election officials can adapt to changing circumstances during a pandemic or natural disaster. For example, a governor could establish automatic voter registration.

Additionally, governors can propose and sign bills related to elections, weigh in on bills with legislators, and pursue specific legislation through their departments and agencies. They also play a role in funding election administration through the state budget process. Governors submit proposed state budgets to the legislature, which reviews and passes a budget for the governor's signature. This includes funding for agencies that enforce election laws, such as the attorney general's office, and election administration agencies, such as the secretary of state or state election board.

In some cases, governors can also call for special elections to fill vacancies, with specific timelines outlined in state law. For example, in New York, the governor must call a special election within 10 days of a vacancy, and the election must take place within 70 to 80 days of the proclamation. However, governors can also use their veto power to block certain election-related proposals, such as aligning primary elections with presidential primaries.

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