Protecting Free and Fair Elections

THE IMPACT

The Constitution gives primary authority over elections to the states. If permitted to go into effect, this executive order will undermine trust in elections, complicate voting processes,  disenfranchise eligible voters, and undermine states’ constitutional role in ensuring free and fair elections.

THE BRIEF

In March, President Trump issued an executive order expanding federal involvement in election administration by directing federal agencies to create voter eligibility lists, imposing new requirements on mail-in voting, and increasing federal oversight of election officials.

On behalf of a bipartisan group of 25 former governors, we filed an amicus brief supporting a challenge to the order, arguing that the Constitution assigns primary responsibility for administering elections to the states, subject to oversight by Congress — not the President.

The former governors, who were responsible for the administration of elections in their respective states, argue that the executive order, ” affords authorities to the President that he does not enjoy, all at the expense of the states and Congress, simultaneously offending the core constitutional principles of federalism and the separation of powers.”

THE TEAM

Free + Fair is working pro bono with Governors Action Alliance on behalf of the former governors.

THE GOVERNORS

• Neil Abercrombie, Governor of Hawaii from 2010 to 2014
• Jerry Brown, Governor of California from 1975 to 1983 and 2011 to 2019; Secretary of State of California from 1971 to 1975
• Steve Bullock, Governor of Montana from 2013 to 2021
• Arne Carlson, Governor of Minnesota from 1991 to 1999
• Chet Culver, Governor of Iowa from 2007 to 2011; Secretary of State of Iowa from 1999 to 2007
• Mark Dayton, Governor of Minnesota from 2011 to 2019
• Parris Glendening, Governor of Maryland from 1995 to 2003
• Jennifer Granholm, Governor of Michigan from 2003 to 2011
• Bill Graves, Governor of Kansas from 1995 to 2003; Secretary of State of Kansas from 1987 to 1995
• Christine Gregoire, Governor of Washington from 2005 to 2013
• John Kitzhaber, Governor of Oregon from 1995 to 2003 and 2011 to 2015
• Gary Locke, Governor of Washington from 1997 to 2005
• Jack Markell, Governor of Delaware from 2009 to 2017
• Terry McAuliffe, Governor of Virginia from 2014 to 2018
• Martin O’Malley, Governor of Maryland from 2007 to 2015
• Deval Patrick, Governor of Massachusetts from 2007 to 2015
• Pat Quinn, Governor of Illinois from 2009 to 2015
• Marc Racicot, Governor of Montana from 1993 to 2001
• Kathleen Sebelius, Governor of Kansas from 2003 to 2009
• Steve Sisolak, Governor of Nevada from 2019 to 2023
• Eliot Spitzer, Governor of New York from 2007 to 2008
• Tom Vilsack, Governor of Iowa from 1999 to 2007
• Bill Weld, Governor of Massachusetts from 1991 to 1997
• Christine Todd Whitman, Governor of New Jersey from 1994 to 2001
• Tom Wolf, Governor of Pennsylvania from 2015 to 2023