Bipartisan Coalition of 28 Former Governors File Brief in Ninth Circuit Opposing Federal Interference in California’s Elections
The former Governors argue DOJ’s attack on California election administration is unconstitutional.
(WASHINGTON, D.C.)—A bipartisan group of 28 former Governors from across the country, represented by Governors Safeguarding Democracy (GSD), Governors Action Alliance (GovAct), and Free + Fair Litigation Group, on Friday filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit, urging the Court to reject the federal government’s attempt to interfere with the State of California’s authority to administer free and fair elections while voting is already underway.
The former Governors argue the lawsuit filed by the U.S. Department of Justice seeking to block California election officials from counting thousands of ballots is a brazen attempt to usurp states’ authority to run elections:
“[T]he relief sought by the federal executive in this case offends the Constitution’s careful balance of state and federal authority, undermines state executives’ ability to ensure free and fair elections within their states, and breaks with a long tradition of cooperation between Congress and the states concerning election administration.”
In the brief, the former Governors detail the thorough processes to enforce citizenship requirements and resolve voter eligibility disputes that are already enshrined in California law and warn of the consequences of the Department of Justice’s unprecedented actions:
“[T]he federal government’s requested relief would require state and local election officials to disregard those laws they are responsible for administering and cause lasting damage to our system of constitutional democracy in the process.”
The brief emphasizes that with voting already underway in California, forcing the state to comply with the Department of Justice’s demands would cause confusion for voters and election officials alike and risk unlawfully disenfranchising eligible voters just days before the election.
The former Governors signed on to the brief include:
- Neil Abercrombie, former Governor of Hawaii (2010-2014)
- Jerry Brown, former Governor of California (1975-1983, 2011-2019)
- Kate Brown, former Governor of Oregon (2015-2023)
- Steve Bullock, former Governor of Montana (2013-2021)
- Arne Carlson, former Governor of Minnesota (1991-1999)
- Chet Culver, former Governor of Iowa (2007-2011)
- Gray Davis, former Governor of California (1999-2003)
- Mark Dayton, former Governor of Minnesota (2011-2019)
- Jim Doyle, former Governor of Wisconsin (2003-2011)
- Parris Glendening, former Governor of Maryland (1995-2003)
- Jennifer Granholm, former Governor of Michigan (2003-2011)
- Bill Graves, former Governor of Kansas (1995-2003)
- Gary Locke, former Governor of Washington (1997-2005)
- Jack Markell, former Governor of Delaware (2009-2017)
- Terry McAuliffe, former Governor of Virginia (2014-2018)
- Janet Napolitano, former Governor of Arizona (2003-2009)
- Martin O’Malley, former Governor of Maryland (2007-2015)
- Deval Patrick, former Governor of Massachusetts (2007-2015)
- Pat Quinn, former Governor of Illinois (2009-2015)
- Marc Racicot, former Governor of Montana (1993-2001)
- Bill Ritter Jr., former Governor of Colorado (2007-2011)
- Kathleen Sebelius, former Governor of Kansas (2003-2009)
- Steve Sisolak, former Governor of Nevada (2019-2023)
- Eliot Spitzer, former Governor of New York (2007-2008)
- Tom Vilsack, former Governor of Iowa (1999-2007)
- Bill Weld, former Governor of Massachusetts (1991-1997)
- Christine Todd Whitman, former Governor of Massachusetts (1994-2001)
- Tom Wolf, former Governor of Pennsylvania (2015-2023)
Read the amicus brief HERE.
###
About GovAct
Governors Action Alliance (GovAct) is a nonpartisan nonprofit organization that unites Governors to champion fundamental freedoms and improve people’s lives. GovAct incubates, launches, and runs alliances of Governors to help states share cutting-edge strategies, legal frameworks, and policy approaches to tackle today’s most pressing challenges on democracy, public health, reproductive freedom, public safety, and more. To learn more, go to www.GovActAlliance.org.
About Governors Safeguarding Democracy
Governors Safeguarding Democracy (GSD), an initiative of GovAct, is a nonpartisan coalition of Governors working together to uphold and fortify American democracy. Co-chaired by Illinois Governor JB Pritzker and Colorado Governor Jared Polis, GSD helps Governors collaborate to push back against anti-democratic threats and protect the democratic institutions our country and our states depend on. To learn more, go to www.GovsforDemocracy.org.