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Bipartisan Former Governors Coalition Defends States’ Constitutional Authority to Run Elections as President Trump Threatens Ballot Access

WASHINGTON — This week, a bipartisan coalition of 26 former Governors filed an amicus brief in the U.S. Court of Appeals for the First Circuit opposing President Trump’s Executive Order 14,399, which seeks to impose new federal requirements on state-run elections.  The Governors also filed a comment urging the U.S. Postal Service to withdraw its proposed rule seeking to implement the Executive Order by creating a federal list of eligible voters and limiting who can receive a ballot in the mail. In the wake of President Trump’s July 16 speech attempting to revive long-debunked claims about the 2020 election, the former Governors’ filings affirm the bipartisan consensus that the President has no authority to take control of American elections.

GovAct, a nonprofit, nonpartisan organization that helps Governors work together to protect fundamental freedoms across state lines, and Governors Safeguarding Democracy (GSD), an initiative of GovAct, represented the former Governors in filing the brief, alongside co-counsel from Free + Fair Litigation Group. These latest filings build on GovAct and GSD’s ongoing representation of 25 former Governors opposing the Executive Order as amici in a related case before the D.C. Circuit.

The former Governors argue that the executive order exceeds presidential authority and intrudes on responsibilities long reserved to the states. As the Governors write, “The federal executive has no authority to interfere with, much less override, state authority to regulate elections.”

The Governors also argue that the Constitution assigns primary responsibility for administering elections to the states and that the executive order threatens to disrupt election administration nationwide by imposing requirements that conflict with state law and established election processes.

“The Constitution expressly delegates primary authority over elections to the states, subject to congressional—not federal executive—oversight,” they write.

Drawing on their decades of experience overseeing state government and administering elections, the former Governors explain that election administration depends on clear rules, advance planning, and close coordination among state and local officials. They warn that the executive order will create confusion for election administrators, strain already limited state resources, and undermine public confidence in elections.

Furthermore, they say state and local election officials are already preparing for the 2026 midterm elections and that uncertainty regarding election rules threatens to complicate voter registration, ballot preparation, poll worker training, voter education, and other critical election administration functions.

Former Governors signed onto the brief include:

  • Neil Abercrombie, Governor of Hawaii (2010 to 2014)
  • Jerry Brown, Governor of California (1975 to 1983 and 2011 to 2019)
  • Kate Brown, Governor of Oregon (2015 to 2023)
  • Steve Bullock, Governor of Montana (2013 to 2021)
  • Arne Carlson, Governor of Minnesota (1991 to 1999)
  • Chet Culver, Governor of Iowa (2007 to 2011)
  • Mark Dayton, Governor of Minnesota (2011 to 2019)
  • Parris Glendening, Governor of Maryland (1995 to 2003)
  • Jennifer Granholm, Governor of Michigan (2003 to 2011)
  • Bill Graves, Governor of Kansas (1995 to 2003)
  • Christine Gregoire, Governor of Washington (2005 to 2013)
  • John Kitzhaber, Governor of Oregon (1995 to 2003 and 2011 to 2015)
  • Gary Locke, Governor of Washington (1997 to 2005)
  • Jack Markell, Governor of Delaware (2009 to 2017)
  • Terry McAuliffe, Governor of Virginia (2014 to 2018)
  • Martin O’Malley, Governor of Maryland (2007 to 2015)
  • Deval Patrick, Governor of Massachusetts (2007 to 2015)
  • Pat Quinn, Governor of Illinois (2009 to 2015)
  • Marc Racicot, Governor of Montana (1993 to 2001)
  • Kathleen Sebelius, Governor of Kansas (2003 to 2009)
  • Steve Sisolak, Governor of Nevada (2019 to 2023)
  • Eliot Spitzer, Governor of New York (2007 to 2008)
  • Tom Vilsack, Governor of Iowa (1999 to 2007)
  • Bill Weld, Governor of Massachusetts (1991 to 1997)
  • Christine Todd Whitman, Governor of New Jersey (1994 to 2001)
  • Tom Wolf, Governor of Pennsylvania (2015 to 2023)

GovAct and Governors Safeguarding Democracy are proud to represent the former Governors 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.