Elections Are Run by the States: A Guide to Statewide Offices and Election Power

In 2024, 11 states have contests for governor. Governors have key responsibilities in various aspects of election administration and voting procedures.

KEY TAKEAWAYS ON THE GOVERNOR’S ROLE:

• Signs or vetoes legislation that shapes election procedures and funds election administration.
• Can issue executive orders, including to address emergencies that affect elections.
• Issues certificates that verify the official winner of the state’s presidential race.

Legislation

State-level legislation shapes the contours of election procedures and voting rights within a state. Governors play a pivotal role in the legislative process because they take action on—generally by signing or vetoing—all bills that pass the state legislature. Many times, the governor’s act of signing or vetoing a bill is accompanied by an official written statement, which may outline their policy priorities, legal considerations, and the reasoning behind their legislative action. These statements become part of the legislative record and can serve as a guide for future bills or be used in court cases. Governors may also have their departments and agencies pursue specific bills related to elections or authorize executive branch officials to testify on legislative proposals and weigh in on bills with legislators.

Budget

Governors submit proposed state budgets to the legislature, which then reviews, considers, and passes a budget for the governor’s signature. In some states, governors have the power to issue line-item vetoes that eliminate or reduce appropriations in the state budget. State budgets provide funding to agencies that enforce election laws (attorney general and sometimes local prosecuting agencies), election administration agencies (secretary of state or state election board or commission), and agencies that engage in voter registration functions (department of motor vehicles).

Executive Action

Governors 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. 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.

Appointment Power

Governors have the authority to appoint state officials, board members, and commissioners, including individuals who have a role in election administration or oversight (such as state auditors). In many states, governors have the power to make appointments for judges who will hear subsequent challenges to state election laws and procedures. Many governors also have the power to appoint replacements for state constitutional officers, including the attorney general and secretary of state, if the current officeholder leaves office.

Litigation

Although the attorney general represents the state in litigation involving state laws, governors sometimes also hire their own outside counsel or have their in-house attorneys represent their interests in cases involving voting rights, election issues, and redistricting.

Redistricting

Governors can be involved in the redistricting process in a variety of ways. In some states, the governor appoints commissioners to redistricting commissions, the governor may serve on a redistricting commission with other state officials, or the redistricting process may require the governor to propose backup district maps in the event of deadlock with the legislature or because of litigation.

Approval of State Voting Materials

In some states, the governor must review and approve statewide election guidance to local election officials before it is issued by the chief election official.

Presidential Elections

Governors are involved in the Electoral College process because they issue certificates of ascertainment confirming the election of the electors for the presidential candidate who wins the state’s election. These certificates play a critical role when Congress counts Electoral College votes if disputes or challenges arise to a state’s slate of electors.

Examples

Examples of pro-democracy actions a governor can take:

Sign legislation that expands or preserves the freedom to vote; veto legislation that undermines the right to vote or facilitates election subversion; draw fair district maps as part of the state’s redistricting process; propose state budgets that invest in election infrastructure and administration; appoint state officials who will advance pro-democracy policies; and issue certificates to presidential electors that reflect the official winner of the state’s presidential race.

Examples of anti-democracy actions a governor can take:

Veto (in full or part) state budgets that fund state election administration and enforcement; sign legislation that adds barriers to voting; increase partisanship in election administration or audits; underfund election officials; subvert official election results; draw district maps that constitute a political gerrymander or that deprive communities of equal democratic participation; and refuse to issue certificates to the official winners of the state’s presidential election.

In 2024, 10 states have elections for attorney general. Attorneys general have key roles and responsibilities in several aspects of election administration, election law enforcement, and voting procedures.

KEY TAKEAWAYS ON THE ATTORNEY GENERAL’S ROLE:

• Defends state voting laws and election results in court.
• Is often the state’s chief law enforcement officer and can take legal action to address voter intimidation or election misconduct.
• Can be involved in the ballot initiative process to make sure voters get nonpartisan, accurate information.
• Guides election officials on updates or changes to election law.

Legislation

Attorneys general can ask legislators to introduce election and voting rights bills, and sometimes sponsor bills themselves. An attorney general can also weigh in with legislators and the governor’s office to share policy and legal analysis of pending election legislation.

Budget

As head of a state agency, the attorney general has authority over the agency’s budget, as appropriated by the legislature.

Litigation

State constitutions and laws give attorneys general the power to represent, defend, and enforce the legal interests of their states. Attorneys general represent the people—sometimes through state agencies and officials, sometimes directly on behalf of the state—in election- and voting rights-related lawsuits that challenge or seek to enforce state election laws and procedures. Attorneys general also defend the state’s official election results from legal challenges. They can write or join friend-of-the-court briefs on cases involving election and voting issues. They also give legal advice to state election officials and agencies and can issue public advisory opinions on election topics. Attorneys general can provide guidance to local election clerks on updates and changes to election law.

Chief law enforcement officer

In many states, the attorney general is the chief law enforcement officer. The attorney general has the authority to prosecute election-related crimes, including crimes relating to voting misconduct, voter intimidation, and voter suppression. Sometimes attorneys general issue guidance to local law enforcement leaders in advance of an election detailing new and existing rules governing election-related law enforcement activity, with the goal of making sure voters can cast their ballots safely and without intimidation or interference.

Ballot measures

In some states, attorneys general review and approve ballot initiative language before it goes to voters, to make sure those voters are getting fair, accurate, nonpartisan information. Ballot initiatives can include election topics (for example, approving in-person early voting).

Redistricting

In a few states, the attorney general serves as a part of the political redistricting commission.

Approval of state voting materials

In some states, the attorney general must review and approve statewide election guidance to local election officials before it is issued by the chief election official.

Examples

Examples of pro-democracy actions an attorney general can take:

Defend the state’s official election results and pro-democracy voting procedures from legal challenges; defend the privacy of voters’ personal information from disclosure in election investigations; defend voters from intimidation; investigate and prosecute illegal attempts to suppress the vote; and issue robust guidance to local law enforcement detailing their role in safeguarding free, fair, and secure elections.

Examples of anti-democracy actions an attorney general can take:

Pursue unsubstantiated lawsuits seeking to invalidate other states’ official election results; fail to defend the state’s pro-democracy voting laws and procedures from legal challenges; and fail to work in good faith with other state constitutional officers to approve election guidance materials.

In 2024, seven states have contests for secretary of state. In most states, the secretary of state is the chief election official. (In other states, that role is fulfilled by another official or body, such as a state election administrator or an election commission.) Secretaries of state have key roles and responsibilities in several aspects of voting procedures and election administration and certification.

KEY TAKEAWAYS ON THE SECRETARY OF STATE’S ROLE:

• Is often the chief election official of the state.
• Can oversee testing and certification of voting systems.
• Provides guidance and support to local election officials.
• May have a role in certifying election results.

Legislation

Secretaries of state can ask legislators to introduce election and voting rights bills and sometimes they sponsor those bills. They can also weigh in with legislators and the governor’s office to share their policy and legal analysis of pending election legislation.

Budget

As head of a state agency, the secretary of state has authority over the agency’s budget, as appropriated by the legislature.

Litigation

In some instances, the secretary of state’s office may be the agency that the attorney general or outside counsel is representing in lawsuits over a state election law or procedure. The secretary of state may also bring affirmative litigation seeking declaratory or injunctive relief under state election law or procedure.

Ballot measures

In some states, the secretary of state oversees the process for qualifying ballot measures to go to the voters. These measures can touch on election, redistricting, and voting matters.

Redistricting

In a few states, the secretary of state serves as a part of the political redistricting commission or administers the public application process for redistricting commissioners.

Administration and Implementation

As the chief election official in many states, the secretary of state makes sure elections follow the law, safeguards the security and integrity of the voting process through cybersecurity and emergency planning initiatives, and supports county and local election officials. Secretaries of state may also have a role in:

• Certifying voting systems for use in the state.
• Conducting logic and accuracy testing of voting equipment before or after each election.
• Overseeing ballot design.
• Administering and maintaining statewide voter registration databases.
• Tracking and disseminating statewide voter registration statistics.
• Developing and publishing voter education materials.
• Providing and staffing public voter information hotlines.
• Creating and distributing ballot guides detailing the candidates and measures on upcoming ballots.
• Processing vote-by-mail applications.
• Certifying the official state election results for many races.

Secretaries of state may also work with other state agencies that offer voter services, such as automatic voter registration services at the department of motor vehicles.

Examples

Examples of pro-democracy actions a secretary of state can take:

Defend the state’s official election results from legal challenges; request and advocate for legislation to expand voter access and voting options; robustly implement state voting right laws to ensure voters have access to the franchise and that election results are accurate and secure; issue election guidance to local election officials detailing how they can safely and securely administer elections in accordance with state law; perform rigorous, methodologically-sound election reviews and professional audits; and certify election results that reflect the official winners of the election.

Examples of anti-democracy actions a secretary of state can take:

Engage in unprofessional or partisan reviews of election results; fail to issue election guidance or issue guidance that restricts voter access in contravention of applicable laws; advocate for legislation that adds barriers to voter access and voting options; purge voters from the rolls for illegitimate reasons; and certify election results that do not reflect the official winners of the election.