Bipartisan Coalition of Former Governors Files Brief with United States Supreme Court Challenging Mail-In Voting Changes
(WASHINGTON, DC)—A bipartisan group of 27 former Governors from across the country, represented by Governors Safeguarding Democracy (GSD), Governors Action Alliance (GovAct), and Free + Fair Litigation Group, on Wednesday filed an amicus brief with the United States Supreme Court, supporting a challenge to a new U.S. Postal Service rule that would require states to submit mail-in and absentee-voter lists to USPS for review before ballots are delivered, likely delaying delivery and negatively impacting mail-in voting.
The former Governors make clear the USPS rule:
“Improperly recruits USPS into making substantive judgments about who may vote using a mail-in ballot and how they must do so.”
They warn:
“These onerous and unnecessary processes will inevitably disenfranchise large swaths of voters who would otherwise be entitled to receive a mail-in ballot under state law, and will create confusion among voters and election officials attempting to navigate conflicting federal and state laws.”
The former Governors warn the rule, issued just two months before Election Day, would disrupt carefully crafted state election laws, inject uncertainty into mail-in voting, and delay ballot delivery when voters and election officials need clarity the most.
In the brief, the former Governors emphasize the states’ Constitutional role in running elections free from executive branch interference. The USPS rule would force states to redesign mail-in ballots, seek USPS approval of those designs, update election systems, and upload sensitive voter data to a new database, all on an extremely short timeline with the midterms two months away and the first absentee ballots already in the mail in at least one state. The rule does not establish a deadline for USPS to approve mail-in ballots, while local election administrators and voters depend on that review before ballots can be mailed.
The Governors argue this rule breaks with the longstanding balance of congressional and state authority over elections and jeopardizes state and local officials’ ability to conduct free, fair, and orderly elections. They urge the court to prevent USPS from upending state election administration before the midterm elections.
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)
- 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)
- Christine Gregoire, former Governor of Washington (2005-2013)
- John Kitzhaber, former Governor of Oregon (1995-2003, 2011-2015)
- Gary Locke, former Governor of Washington (1997-2005)
- Jack Markell, former Governor of Delaware (2009-2017)
- Terry McAuliffe, former Governor of Virginia (2014-2018)
- 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)
- 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.
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About GovAct
Governors Action Alliance (GovAct) is a nonpartisan nonprofit initiative that unites Governors 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, from reproductive freedom and democracy to public safety and health. To learn more, go to www.GovActAlliance.org.
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. GSD is supported by GovAct, a nonpartisan nonprofit organization guided by a bipartisan advisory board of former Governors and senior federal officials, including Arne Carlson (R-MN), Jim Doyle (D-WI), Deval Patrick (D-MA), Marc Racicot (R-MT), Kathleen Sebelius (D-KS), Bill Weld (R-MA), Bill Graves (R-KS), Sally Yates, and Larry Thompson. To learn more, go to www.GovsforDemocracy.org.