arrowSection 7.1 - Presidential Elections

This topic is monitored by Moritz Law Professor Peter M. Shane

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States that have no specific provisions for delaying elections but grant the governor the power to suspend state statutes or regulations in when an emergency is declared

Arizona – The governor may "suspend the provisions of any statute prescribing the procedure for conduct of state business, or the orders or rules of any state agency" if strict compliance "would in any way prevent, hinder, or delay mitigation of the effects of the emergency." ARIZ. REV. STAT. ANN. § 26-303(A)(1) (West 2004).

California – The governor may "suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency" if strictly following the ordinary rules or procedures "would in any way prevent, hinder, or delay mitigation of the effects of the emergency." CAL. GOV'T CODE ANN. § 8571 (West 2004).

Illinois – The governor may "suspend the provisions of any regulatory statute prescribing procedures for conduct of State business, or the orders, rules and regulations of any State agency" if strict compliance "would in any way prevent, hinder or delay necessary action...in coping with the disaster." 20 ILL. COMP. STAT. ANN. 3305/7(a)(1) (West 2004).

Indiana – The governor may "suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency" if strict compliance "would in any way prevent, hinder, or delay necessary action in coping with the emergency." IND. CODE ANN. § 10-14-3-12(d)(1) (West 2004).

Michigan – The governor may "suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business" if strict compliance "would prevent, hinder, or delay necessary action in coping with the disaster or emergency." MICH. COMP. LAWS. ANN. § 30.405(1)(a) (West 2004).

Tennessee – The governor may "suspend the provisions of any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency" if strict compliance "would in any way prevent, hinder, or delay necessary action in coping with the emergency". The governor may also issue, amend, and rescind "executive orders, proclamations, and rules" that have the force of law. TENN. CODE ANN. § 58-2-107 (2004).

Texas – The governor may "suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency" if strict compliance "would in any way prevent, hinder, or delay necessary action in coping with a disaster". TEX. GOV’T CODE ANN. § 418.016 (Vernon 2004).