Election Administration at the State Level
The National Voter Registration Act of 1993 (NVRA) mandates that each state designate a chief election official to oversee elections in the state.
In 33 states, voters elect the chief election official. In most of those states, the elected chief election official is the secretary of state, but in Alaska and Utah the role is held by the lieutenant governor.
In six states—Delaware, Florida, New Jersey, Pennsylvania, Texas and Virginia—the governor appoints the chief election official. In all but Delaware and Virginia, the chief election official is called the secretary of state. In Delaware and Virginia, the chief election officials are known as commissioners of elections.
In four states—Maine, New Hampshire, Oklahoma and Tennessee—the chief election official is selected by the legislature. Both chambers have a role, except in Oklahoma where responsibility lies solely with the state senate.
In seven states—Hawaii, Illinois, Maryland, New York, North Carolina, South Carolina and Wisconsin—and Washington, D.C., the chief election official is appointed by the state board or commission of elections.
Seventeen states and Washington, D.C., have a board or commission that oversees elections in the state or jurisdiction.
In 10 states—Delaware, Hawaii, Illinois, Maryland, New York, North Carolina, Oklahoma, South Carolina, Virginia and Wisconsin—and Washington, D.C., a board or commission oversees elections, and the state chief election official is a member of the board or commission. Appointments to election boards are usually made by the governor and confirmed by the senate, and boards are most often structured to be bipartisan, with a certain number of members from each of the major political parties.
In seven states—Arkansas, Georgia, Indiana, Kentucky, Rhode Island, Tennessee and West Virginia—election responsibilities are shared between a secretary of state and a board or commission.
Duties of the chief election official or election board vary. Secretaries of state have other duties in addition to the management of elections. For example, they may administer business filings and licensing in the state, and act as the keeper of the state seal. Enforcing campaign finance regulations may be the responsibility of a secretary of state or state elections board—or even a separate ethics commission.
When both an elected individual and a board or commission are charged with elections, the division of duties varies. Rhode Island is one example of shared responsibilities. There, the secretary of state’s office manages ballot design, layout and coding; sending out mail ballots; certifying candidates; and overseeing procurement for voting equipment. The state board of elections packages equipment, supplies and precinct tabulators and delivers them to each city or town before an election; troubleshoots technical issues on Election Day; and receives and tabulates statewide results.
State-level responsibilities include ensuring that election laws are followed by local officials statewide; administration of a statewide voter registration database required by HAVA; assisting local election officials by providing training courses or materials on running elections in the state; and providing a process for testing and certifying voting equipment for use in the state. Some state offices also provide certification programs for local election officials on election procedures and may also help pay for certain types of elections, or a portion of expenses.
The table below contains information about the chief election official in each state.
State Level Election Administration
State |
Chief Election Official |
Selection Process |
Election Board or Commission |
Alabama
Code of Ala. § 17-1-3
|
Secretary of State
|
Elected
|
n/a
|
Alaska
Alaska Stat. § 15.10.105(a)
|
Lieutenant Governor
|
Elected
|
n/a
|
Arizona
Ariz. Rev. Stat. § 16-142(A)
|
Secretary of State
|
Elected
|
n/a
|
Arkansas
Ark. Const. amend. LI, § 5(b)(1), A.C.A. § 7-4-101
|
Secretary of State
|
Elected
|
Board of Election Commissioners
|
California
Cal. Elec. Code § 10(a)
|
Secretary of State
|
Elected
|
n/a
|
Colorado
Colo. Rev. Stat. § 1-1-107(1)
|
Secretary of State
|
Elected
|
n/a
|
Connecticut
Conn. Gen. Stat. § 9-3(a)
|
Secretary of State
|
Elected
|
n/a
|
Delaware
Del. Code Ann. Tit. 15, § 202 § 301-302
|
State Commissioner of Elections
|
Appointed by the governor
|
State Board of Elections
|
District of Columbia
DC ST § 1-1001.03, 1-1001.05
|
Executive Director
|
Appointed by the Board of Elections
|
Board of Elections
|
Florida
Fla. Stat. § 97.012
|
Secretary of State
|
Appointed by the governor
|
n/a
|
Georgia
Ga. Code Ann. §§ 21-2,30, 21-2-50, 21-2-50.2
|
Secretary of State
|
Elected
|
State Election Board
|
Hawaii
Haw. Rev. Stat. § 11-1.6, 11-2, 11-7
|
Chief Election Officer
|
Appointed by the State Elections Commission
|
State Elections Commission
|
Idaho
Idaho Code § 34-201
|
Secretary of State
|
Elected
|
n/a
|
Illinois
10 ILCS 5/1A-7, 5/1A-8
|
Executive Director
|
Appointed by the State Board of Elections
|
State Board of Elections
|
Indiana
Ind. Code § 3-6-3.7-1, 3-6-4.1
|
Secretary of State
|
Elected
|
State Election Commission
|
Iowa
Iowa Code § 47.1
|
Secretary of State
|
Elected
|
n/a
|
Kansas
Kan. Stat. Ann. § 25-2504
|
Secretary of State
|
Elected
|
n/a
|
Kentucky
Ky. Rev. Stat. Ann. §§ 14.025(4), 117.015
|
Secretary of State
|
Elected
|
State Board of Elections
|
Louisiana
La. Const. art. Iv, § 7
|
Secretary of State
|
Elected
|
n/a
|
Maine
Me. Const. art. V, § 1 and Stat. tit. 21-A
|
Secretary of State
|
Appointed by the legislature
|
n/a
|
Maryland
Md. Code Ann., Elec. Law § 2-101, 2-103
|
Administrator of Elections
|
Appointed by the State Board of Elections
|
State Board of Elections
|
Massachusetts
Mass. Ann. Laws ch. 50, § 1
|
Secretary of State
|
Elected
|
n/a
|
Michigan
Mich. Comp. Laws §§ 168.21,
|
Secretary of State
|
Elected
|
n/a
|
Minnesota
Minn. Const. art. vii, § 8; Minn. Stat. §§ 200-12
|
Secretary of State
|
Elected
|
n/a
|
Mississippi
Miss. Code Ann. § 23-15-211.1
|
Secretary of State
|
Elected
|
n/a
|
Missouri
Mo. rev. Stat. § 28.035(1)
|
Secretary of State
|
Elected
|
n/a
|
Montana
Mont. Code Ann. § 13-1-201
|
Secretary of State
|
Elected
|
n/a
|
Nebraska
Neb. Rev. Stat. §§ 32-201-203
|
Secretary of State
|
Elected
|
n/a
|
Nevada
Nev. Rev. Stat. Ann. § 293.124
|
Secretary of State
|
Elected
|
n/a
|
New Hampshire
N.H. Rev. Stat. Ann. § 652:23
|
Secretary of State
|
Appointed by the legislature
|
n/a
|
New Jersey
N.J. Stat. Ann. § 19:31-6a
|
Secretary of State
|
Appointed by the governor
|
n/a
|
New Mexico
N.M. Stat. Ann. § 1-2-1
|
Secretary of State
|
Elected
|
n/a
|
New York
N.Y. Election Law § 3-100, 3-102
|
Co-Directors
|
Appointed by the State Board of Elections
|
State Board of Elections
|
North Carolina
N.C. Gen. Stat. Ann. § 163-19, 163-82.2, § 163-27
|
Executive Director
|
Appointed by the State Board of Elections
|
State Board of Elections
|
North Dakota
N.D. Cent. Code Ann. § 16.1-01-01
|
Secretary of State
|
Elected
|
n/a
|
Ohio
Ohio Rev. Code Ann. § 3501.04
|
Secretary of State
|
Elected
|
n/a
|
Oklahoma
Oklahoma Const. §3-2, 26 Okl. St. § 2-101, 2-101.6, 107
|
Secretary of the State Election Board
|
Appointed by the state senate
|
State Election Board
|
Oregon
Or. Rev. Stat. § 246.110
|
Secretary of State
|
Elected
|
n/a
|
Pennsylvania
Pa. Stat. And Cons. Stat. § 2621
|
Secretary of Commonwealth
|
Appointed by the governor
|
n/a
|
Rhode Island
Title 17 R.I. Gen. Laws Ann. § 17-6-1.3; 17-6-1, 17-7-2
|
Secretary of State
|
Elected
|
State Board of Elections
|
South Carolina
S.C. Code Ann. § 7-3-10, 7-3-20
|
Executive Director
|
Appointed by the State Election Commission
|
State Election Commission
|
South Dakota
S.D. Codified Laws § 12-4-33
|
Secretary of State
|
Elected
|
n/a
|
Tennessee
Tenn. Code Ann. § 2, 2-11-101
|
Secretary of State
|
Appointed by the legislature
|
State Election Commission
|
Texas
Tex. Code Ann. § 31.001
|
Secretary of State
|
Appointed by the governor
|
n/a
|
Utah
Utah Code Ann. § 20A-2-300.6
|
Lieutenant Governor
|
Elected
|
n/a
|
Vermont
Vt. Stat. Ann. tit. 17
|
Secretary of State
|
Elected
|
n/a
|
Virginia
Va. Code Ann. § 24.2-102
|
Commissioner
|
Appointed by the governor
|
State Board of Elections
|
Washington
Wash. Rev. Code Ann. § 29A.04.230
|
Secretary of State
|
Elected
|
n/a
|
West Virginia
W. Va. Code Ann. § 3-1A-1, 3-2-3
|
Secretary of State
|
Elected
|
State Election
|
Wisconsin
Wis. Stat. § 5.05, 15.61
|
Administrator
|
Appointed by the State Elections Commission
|
State Elections Commission
|
Wyoming
Wyo. Stat. Ann. § 22-2-103
|
Secretary of State
|
Elected
|
n/a
|