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

State-level legislation significantly 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, their 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.

Governors submit proposed state budgets to the legislature, who then review, consider, and pass 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 the agencies that engage in enforcement of 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).

Governors can issue executive orders to 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 could suspend election laws so that election officials can adapt to changing circumstances during a pandemic or natural disaster. Governors could also create a commission to study interagency cooperation and resources on election issues, such as implementing automatic voter registration across state agencies.

Governors have the authority to appoint state executives, 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 that 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.

While 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.

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 political redistricting commission with other state officials, or the redistricting process may require the governor to propose backup district maps in the event of legislative deadlock or because of litigation.

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.

Governors are involved in the electoral college process because they issue certificates of ascertainment to the electors for the candidate who wins the state’s presidential election race. These certificates can play a critical role in tabulating electoral college votes in congress when disputes or challenges arise to a state’s slate of electors.

Attorneys general can ask legislators to introduce election and voting rights bills and sometimes may sponsor bills themselves. They can also weigh in with a position on pending elections bills with legislators and the governor’s office to share their policy and legal analysis of pending legislation and how these bills would impact their duties as the state’s chief law enforcement official.

As head of a state agency, the attorney general has authority over the agency’s budget, as appropriated by the legislature, and can allocate funding along statutory parameters.

State constitutions and statutes provide attorneys general with the power to represent, defend, and enforce the legal interests of their states. Attorneys general represent the people–through state agencies and officials or directly on behalf of the state—in election and voting rights-related lawsuits that challenge or seek to enforce state election laws and procedures. They also defend the state’s official election results from legal challenges. They can author or join friend-of-the-court (amicus) 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.

In many states, the attorney general is the chief law enforcement officer. They have 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 to ensure that voters can safely cast their ballots without intimidation and interference.

In some states, attorneys general review and approve ballot initiative language before it goes to voters so that voters receive fair, accurate, nonpartisan information about ballot measures. Ballot initiatives can include election topics (e.g., which community members are included in the franchise or early voting and vote-by-mail procedures).

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

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.

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 a position on pending election-related bills with legislators and the governor’s office to share their policy and legal analysis of pending legislation and how these bills would impact voters and their own duties as the state’s chief election official.

As head of a state agency, the secretary of state has authority over the agency’s budget, as appropriated by the legislature, and can allocate funding along statutory parameters.

In some instances, the secretary of state may be the client agency that the attorney general or outside counsel is representing in litigation 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.

In some states, the secretary of state oversees the ballot measure qualification process. All qualified measures then appear on voters’ ballots, which can include election, redistricting, and voting-related initiatives.

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.

In states where the secretary of state is the chief election official, they oversee elections within the state to ensure they comply with all applicable laws, they work to safeguard the security and integrity of the voting process through cybersecurity and emergency planning initiatives, and they provide administrative and technical support for 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 and/or after each election; guiding 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; and certifying the official state election results. They may also liaise and enter into agreements with other state agencies that offer voter services, such as automatic voter registration services at the department of motor vehicles.