Bipartisan Coalition of 26 Former Governors Urges Supreme Court to Protect States’ Constitutional Authority to Administer Elections
GovAct and Governors Safeguarding Democracy file amicus briefs opposing emergency request to revive President Trump’s executive order restricting vote-by-mail.
WASHINGTON, D.C. — GovAct and Governors Safeguarding Democracy today announced that a bipartisan coalition of 26 former Governors has filed two amicus briefs (26A139 and 26A124) with the U.S. Supreme Court urging the Court to reject the Trump Administration’s emergency request to reinstate key provisions of a March executive order, which would dramatically expand federal control over state election administration.
The briefs, filed with support from Free + Fair Litigation Group, support the 23 state plaintiffs who successfully challenged the executive order. The district court blocked the order, and the U.S. Court of Appeals for the First Circuit recently declined the Trump administration’s request to stay the district court’s injunction while the case proceeds. The administration and several intervenor states have now asked the U.S. Supreme Court to revive the executive order on an emergency basis.
The Governors’ briefs argue that the Constitution gives states, not the federal government, the primary authority and responsibility to administer elections.
“Our Constitution is clear about who runs America’s elections—states,” said former Kansas Governor and Secretary of State Bill Graves. “Under the Elections Clause, states hold the responsibility to administer elections, along with Congress, when it chooses to act. Nowhere does that authority belong to the President or the federal executive branch.”
“This effort to protects the rights of states in resisting this unprecedented and unwarranted federal intrusion,” said former Minnesota Governor Arne Carlson.
The March executive order requires the Department of Homeland Security to create state citizenship lists and directs states to submit lists of mail-in and absentee voters to the U.S. Postal Service for federal approval before ballots can be mailed. The order effectively places the federal government in control of whether eligible voters can cast ballots by mail by threatening prosecution of state officials and contemplating withholding mail delivery of ballots to voters in noncompliant states.
The former Governors’ briefs argue that the executive order represents an unprecedented attempt to override state authority over elections without congressional authorization and would fundamentally alter the constitutional division of powers between the states and the federal government.
The briefs further emphasize that Governors from both parties have long overseen elections under the constitutional framework that reserves primary responsibility for election administration to the states. They warn that allowing the executive order to take effect would upend longstanding practices, create widespread uncertainty for election officials, and undermine constitutional principles of federalism.
Governors Safeguarding Democracy (GSD), an initiative of GovAct, represented the former Governors in filing the brief, alongside co-counsel from Free + Fair Litigation Group.
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About Governors Safeguarding Democracy
Governors Safeguarding Democracy (GSD), an initiative of GovAct, is a nonpartisan initiative of Governors working together to uphold and fortify American democracy. Co-chaired by Governor JB Pritzker of Illinois and Governor Jared Polis of Colorado, GSD helps Governors collaborate to strengthen democracy by advancing policy that protects fundamental freedoms and improves people’s lives. Together, GSD aims to help push back against anti-democratic threats and protect the rule of law and systems of democracy our country and our states depend on. To learn more, go to www.GovsforDemocracy.org.
About GovAct
Governors Action Alliance (GovAct) is a nonprofit nonpartisan initiative that unites Governors in working across state lines to champion fundamental freedoms and improve people’s lives. GovAct serves as a central platform for collaboration across Governors’ offices—incubating, launching, and supporting alliances of Governors. These alliances share cutting-edge policy and legal approaches to some of the most challenging and critical issues we face. To learn more, go to www.GovActAlliance.org.