Cameron Miranda
Governors have been known to change voting laws, with some notable examples being the 2021 enactment of harsher voter ID requirements in Arkansas, Florida, Georgia, Montana, New Hampshire, Texas, and Wyoming, and the 2011 photo ID requirement in Rhode Island. Governors can also make changes to election dates and procedures, such as in the case of the COVID-19 pandemic, where governors in multiple states made changes to absentee voting eligibility and ballot request form procedures. Additionally, governors can restore voting rights to individuals with felony convictions, as seen in Florida, where Governor Jeb Bush amended the Rules of Executive Clemency to expedite the voter restoration process.
| Characteristics | Values |
|---|---|
| Governors can change voting laws by | signing new laws, such as voter ID requirements, into effect |
| signing executive orders | |
| amending existing laws | |
| passing legislation | |
| granting pardons | |
| extending absentee voting eligibility | |
| establishing early voting dates | |
| allowing or barring the mailing of absentee ballot request forms | |
| barring the decrease of polling places | |
| expanding voting rights to those with felony convictions |
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What You'll Learn
- Governors can change voting laws regarding voter ID requirements
- Governors can amend the rules around voter registration
- Governors can expand or restrict voting rights for people with felony convictions
- Governors can introduce new requirements for voters to meet, such as providing proof of US citizenship
- Governors can change the rules around absentee or mail-in ballots
Governors can change voting laws regarding voter ID requirements
In the United States, each state sets its own voter ID rules, and most require voters to bring identification to vote in person. Voter ID laws date back to 1950 when South Carolina became the first state to request identification from voters at the polls. The identification document did not have to include a picture; any document with the voter's name was accepted.
Since then, several states have enacted voter ID laws, often introduced by Republican members of the American Legislative Exchange Council (ALEC) and signed by Republican governors. For example, in 2011, Wisconsin Governor Scott Walker and Ohio Governor John Kasich enacted voter ID laws, and Texas Governor Rick Perry placed a voter ID bill as an "emergency item," allowing it to be rushed through the legislative process.
Some states, such as Hawaii and Rhode Island, are "non-strict photo ID states," meaning that, in some circumstances, an affidavit or other legal measure can satisfy the ID requirement. Other states, like Indiana, require a photo ID to be shown by all voters before casting ballots. This was ruled constitutional by the Supreme Court in 2008, paving the way for expanded ID laws in other states.
Therefore, governors can indeed change voting laws regarding voter ID requirements, and they have done so in several states across the US.
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Governors can amend the rules around voter registration
Governors can play a significant role in amending the rules around voter registration, as seen in various states across the United States. The power of governors to influence voter registration rules is evident in the enactment and enforcement of voter identification laws. For instance, in 2005, Indiana passed a law requiring all voters to present photo identification before casting their ballots, setting a precedent for other states. Subsequently, governors in Wisconsin, Ohio, and Texas followed suit by enacting similar voter ID laws. These laws were often introduced by Republican members of the American Legislative Exchange Council (ALEC) and then signed into law by Republican governors.
In recent years, governors have continued to shape voter registration rules, particularly in response to the COVID-19 pandemic. For example, in 2020, governors in multiple states, including South Carolina, Alabama, Iowa, and New Hampshire, made changes to absentee voting rules, allowing qualified voters to cast absentee ballots in the November 2020 general election due to concerns over the pandemic. These changes highlight the ability of governors to adapt voter registration and voting procedures during exceptional circumstances.
Additionally, governors have been instrumental in proposing and supporting amendments to voter registration requirements, such as proof-of-citizenship initiatives. For instance, in Michigan, a proposal from a top House Republican, backed by other Republicans, sought to mandate proof of U.S. citizenship for voter registration. This proposal aligned with the SAVE Act, a Republican-backed bill that aimed to make significant changes to voter registration by requiring documentary proof of citizenship. While federal laws already ban noncitizens from voting, the SAVE Act's proponents argued that it was necessary to protect election integrity.
The authority of governors to amend voter registration rules can have far-reaching implications. For example, the requirement to show proof of citizenship could affect millions of eligible citizens who may face challenges in obtaining the necessary documentation. According to a 2023 survey, an estimated 21.3 million voting-age American citizens may not have easy access to documents like birth certificates, passports, or naturalization certificates. As a result, such amendments could potentially create barriers to voter registration for a significant portion of the population.
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Governors can expand or restrict voting rights for people with felony convictions
Governors can play a significant role in shaping voting laws, including those pertaining to the voting rights of individuals with felony convictions. This power can be used to either expand or restrict voting rights for this demographic.
On the one hand, governors have the ability to enact policies that restore voting rights to individuals with felony convictions. For example, in April 2007, Florida Governor Charlie Crist instituted automatic vote restoration for people with felony convictions who had completed their full sentences. Similarly, in April 2021, the Virginia Governor allowed individuals who had served prison sentences to vote. In March 2023, the Minnesota Governor took similar action, restoring the vote to those who had completed their prison sentences. These actions by governors have had a direct impact on expanding voting rights for individuals with felony convictions.
On the other hand, governors can also implement laws that restrict voting rights for people with felony convictions. For instance, in September 2020, the Florida Supreme Court ruled that individuals who had completed felony sentences would have to pay fines and fees before regaining their voting rights. This ruling created an additional barrier for those seeking to regain their voting rights after a felony conviction.
The power of governors to influence voting laws for individuals with felony convictions is not without checks and balances. For example, in May 2020, a federal judge in Florida ruled that individuals who had completed felony sentences could not be barred from voting solely based on outstanding court fees. This ruling served as a counterbalance to restrictive voting laws.
Additionally, the actions of governors are often shaped by the political landscape and the positions of their political parties. For instance, Republican governors have often been associated with enacting harsher voter ID requirements, which can disproportionately impact individuals with felony convictions. On the other hand, Democrats have generally signaled openness to expanding voting rights, including for those with felony convictions.
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Governors can introduce new requirements for voters to meet, such as providing proof of US citizenship
Governors can play a significant role in shaping voting laws, including introducing new requirements for voters. One notable example is the introduction of voter identification laws, which have been enacted by both Republican and Democratic governors. These laws require voters to present specific forms of identification, such as a state-issued photo ID, to cast their ballots.
In recent years, there has been a push by Republicans for stricter voter ID laws, with states like Arkansas, Florida, Georgia, Montana, New Hampshire, Texas, and Wyoming enacting harsher requirements in 2021. This has led to concerns about voter disenfranchisement, particularly among those who may not have easy access to up-to-date documentary proof of citizenship.
One of the most controversial proposals related to voting laws is the requirement for voters to provide proof of U.S. citizenship. This has been a priority for Republicans, who argue that it is necessary to prevent voter fraud and ensure election integrity. In 2024, the U.S. House of Representatives, with some Democratic support, passed a bill that included this requirement. However, the bill faced opposition from voting rights groups and the Biden administration, who argued that it could disenfranchise eligible voters and that safeguards to prevent noncitizen voting were already in place.
The debate over requiring proof of citizenship escalated in 2025 when President Donald Trump signed an executive order mandating documentary proof of citizenship for voter registration. This order, modeled after the Republican-backed Safeguard American Voter Eligibility Act (SAVE Act), faced immediate backlash and legal challenges. Critics, including legal experts, argued that it conflicted with existing federal voting laws and that the President lacked the authority to make such changes unilaterally.
While governors and state legislatures play a crucial role in shaping voting laws, it is important to note that their actions are subject to judicial review. In some cases, courts have intervened to block or modify voting law changes, such as the blocking of Virginia Governor Jim Gilmore's voter ID pilot program in 1999. Ultimately, the authority to set voting requirements is shared between the states and the federal government, with Congress having the power to regulate voting through legislation.
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Governors can change the rules around absentee or mail-in ballots
Governors can play a significant role in shaping voting laws, including those related to absentee or mail-in ballots. This was evident in the lead-up to the 2020 elections, where the COVID-19 pandemic prompted many states to adjust their voting procedures.
In Pennsylvania, Governor Tom Wolf (D) signed legislation allowing voters to vote by mail up to 50 days before the election. This change resulted in a significant increase in mail-in ballots, with over 2.6 million voters in Pennsylvania utilising this option in 2020, a tenfold rise from 2016.
Similarly, in Tennessee, a Nashville judge ruled that eligible voters concerned about contracting COVID-19 at polling places could cast absentee ballots, even if they did not meet the typical state law requirements. This decision was not challenged by the state Supreme Court, despite requests from the Republican Secretary of State.
In contrast, Kim Reynolds (R) in Iowa signed a bill requiring the secretary of state to seek legislative approval before sending absentee ballot request forms to voters. This bill was seen as a rebuke to the Republican Secretary of State, Paul Pate, who had mailed these forms to voters for the primary election.
These examples demonstrate that governors can indeed exert influence over absentee and mail-in ballot regulations, either by signing relevant legislation or through their appointed secretaries of state. However, it is essential to note that the impact of these decisions can vary, and they may be subject to legal challenges or require federal court approval, as seen in the Texas case, where the Democratic Party's request to extend mail ballot access was rejected by the U.S. Supreme Court.
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Frequently asked questions
Governors can change voting laws, but the extent of their power varies from state to state. Governors have been known to enact voter ID laws, change eligibility requirements for absentee voting, and amend clemency rules.
In 2020, Governor Henry McMaster of South Carolina extended absentee voting eligibility to all qualified electors for the November 3, 2020, general election. In 2011, Texas Governor Rick Perry placed a voter ID bill as an "emergency item", allowing it to be rushed through the process.
In 2011, Rhode Island Governor Lincoln Chafee, a Democrat, signed a photo ID requirement into law. In 2020, New York Governor Andrew Cuomo passed legislation that automatically restored voting rights to people on parole.
The President can issue executive orders that change election rules, but these orders can be challenged in court as the Constitution gives authority over elections to the states.
