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Diverging Reports Breakdown
A Look at State Efforts to Ban Cellphones in Schools and Implications for Youth Mental Health
Eleven states have passed state-wide policies that ban or restrict cellphone use in schools as of April 30th, 2025. In 2009, 91% of public schools prohibited cellphone use, which fell to 66% in 2015 before rising again to 76% in 2021. Cellphone bans are now being considered at the state level in light of growing student academic and mental health concerns that are associated with excessive use of smartphones. Research on the effectiveness of cellphone bans is limited, and although multiple states are adopting these bans, challenges remain with enforcement, accommodating exceptions, and equity.Note: Figure 1 was updated on April 30, 2025, to reflect the recent passage of cell phone ban legislation in Arizona and New York. For confidential support call the National Suicide Prevention Lifeline at 1-800-273-8255 or visit http://www.suicidepreventionlifeline.org/. For support in the UK, call the Samaritans on 08457 90 90 90 or visit a local Samaritans branch or click here.
Heading into the 2024-2025 school year, a growing number of states are implementing or considering state-wide bans on cellphones in schools. Many leaders in education and policymakers suggest cellphone bans will help mitigate youth mental health concerns and distractions during academic instruction. The resurgence of cellphone bans follows two advisories from the U.S. Surgeon General on the youth mental health crisis and the harmful impacts of social media use and recommendations from UNESCO to limit cellphone use in schools across the world. Unlike many recent political issues, school cellphone ban policies have largely received bipartisan support, and the Biden-Harris administration continues to promote online safety for youth. At the same time, research on the effectiveness of cellphone bans is limited, and although multiple states are adopting these bans, challenges remain with enforcement, accommodating exceptions, and equity.
How widespread are school cellphone bans?
Cellphone bans began decades ago amid concerns about drug deals among students via cellphones or pager devices, and have fluctuated since. In 2009, 91% of public schools prohibited cellphone use, which fell to 66% in 2015 before rising again to 76% in 2021. Cellphone bans are now being considered at the state level in light of growing student academic and mental health concerns that are associated with excessive use of smartphones.
Eleven states have passed state-wide policies that ban or restrict cellphone use in schools as of April 30th, 2025 (Figure 1). These policies vary from state to state.
Arizona’s Governor signed a bill in April of 2025 that instructs schools to limit student cell phone use during the school day, including non-instructional time, with exceptions for educational and medical purposes. The bill also directs schools to restrict internet and social media access for students.
Governor signed a bill in April of 2025 that instructs schools to limit student cell phone use during the school day, including non-instructional time, with exceptions for educational and medical purposes. The bill also directs schools to restrict internet and social media access for students. Arkansas ‘ Governor signed a ‘ Governor signed a law in February 2025 requiring each school district to create a cell phone use policy before the 2025-2026 school year that limits students’ phone use during the school day, following its pilot program in 2024. Policies must be submitted to and approved by Arkansas’ Division of Elementary and Secondary Education.
California’s Governor recently signed the Phone-Free School Act, which requires school districts and charter schools to develop and adopt a phone policy that either limits or entirely prohibits smartphone use during school by July of 2026. Exceptions will be made for medical necessity, emergencies, educational purposes, or with faculty permission.
Governor recently signed the Phone-Free School Act, which requires school districts and charter schools to develop and adopt a phone policy that either limits or entirely prohibits smartphone use during school by July of 2026. Exceptions will be made for medical necessity, emergencies, educational purposes, or with faculty permission. Florida passed a phone ban for K-12 classrooms that prohibits cellphone use during class time and blocks access to social media for all devices on district Wi-Fi. Additionally, there is a digital literacy component beginning in sixth grade that requires education on the spread of misinformation on social media and digital footprints. The ban went into effect in July 2024.
passed a phone ban for K-12 classrooms that prohibits cellphone use during class time and blocks access to social media for all devices on district Wi-Fi. Additionally, there is a digital literacy component beginning in sixth grade that requires education on the spread of misinformation on social media and digital footprints. The ban went into effect in July 2024. Indiana’s ban prohibits students from using any portable wireless device (including cellphones, gaming devices, laptops, and tablets) during instructional time, with exceptions from teachers and/or administrators, or during emergencies. Each school board in Indiana is then expected to draft and publicly post specific policies for their schools – i.e. whether students can access their devices during lunch or what consequences students may face for using prohibited devices. The ban went into effect in July 2024.
ban prohibits students from using any portable wireless device (including cellphones, gaming devices, laptops, and tablets) during instructional time, with exceptions from teachers and/or administrators, or during emergencies. Each school board in Indiana is then expected to draft and publicly post specific policies for their schools – i.e. whether students can access their devices during lunch or what consequences students may face for using prohibited devices. The ban went into effect in July 2024. Louisiana passed a ban, which will take effect in the 2024-2025 academic year, that prohibits both the use and possession of cellphones throughout the school day. If cellphones are brought onto school property, they must be turned off and stored away. Exceptions can be made for students who require learning accommodations.
passed a ban, which will take effect in the 2024-2025 academic year, that prohibits both the use and possession of cellphones throughout the school day. If cellphones are brought onto school property, they must be turned off and stored away. Exceptions can be made for students who require learning accommodations. Minnesota’s bill instructs school districts and charter schools to adopt policies on student cell phone use and possession by March 2025, but it does not specify the nature or extent of these policies.
bill instructs school districts and charter schools to adopt policies on student cell phone use and possession by March 2025, but it does not specify the nature or extent of these policies. New York’s governor signed a bill in April of 2025 instructing school districts to create and implement plans to restrict all student cellphone use during the school day, including non-instructional time, by the 2025-2026 academic year.
governor signed a bill in April of 2025 instructing school districts to create and implement plans to restrict all student cellphone use during the school day, including non-instructional time, by the 2025-2026 academic year. Ohio’s ban, similarly to Indiana’s, requires every school district to create and implement official policies regarding cellphone use at school. The bill includes exceptions for those with health conditions that require monitoring or for learning accommodations. The bill will take effect in July 2025.
ban, similarly to Indiana’s, requires every school district to create and implement official policies regarding cellphone use at school. The bill includes exceptions for those with health conditions that require monitoring or for learning accommodations. The bill will take effect in July 2025. South Carolina’s ban was implemented via the Governor’s Budget Proviso 1.103, which requires public schools seeking State Aid to Classrooms to implement the model policy drafted by the State Board of Education beginning in January 2025. The Board’s model policy was approved in September of 2024, prohibiting students from accessing unauthorized electronic devices unless authorized for educational or health purposes. A special exception is made for students who volunteer for emergency response organizations, who must receive written permission.
ban was implemented via the Governor’s Budget Proviso 1.103, which requires public schools seeking State Aid to Classrooms to implement the model policy drafted by the State Board of Education beginning in January 2025. The Board’s model policy was approved in September of 2024, prohibiting students from accessing unauthorized electronic devices unless authorized for educational or health purposes. A special exception is made for students who volunteer for emergency response organizations, who must receive written permission. Virginia’s Governor established Executive Order 33, which ordered state officials to solicit public opinion regarding cellphones in schools to allow them to create definitions of “cellphone-free education” and to publish both model implementation plans and draft policy guidance to inform public school systems’ phone policies. The governor also ordered the state to make $500,000 available to support the implementation of school cellphone policies.
Seventeen states have introduced state-wide legislation that bans or restricts cellphone use in schools and education departments in seven states have issued recommended policies or pilot programs that similarly aim to ban or restrict cellphone use in schools (Figure 1). States are taking a variety of measures to mitigate cellphone use during instruction time. In Connecticut and West Virginia, their respective education departments have issued guidance on restricting cellphone use in schools (Figure 1). Pilot programs via the education department in Delaware allocate funds for students to use lockable magnetic phone pouches during school hours. Similarly, while legislation is under consideration in Pennsylvania, the Governor amended the existing School Safety and Mental Health grant program, allowing for the purchase of lockable phone pouches. Georgia has restricted access to social media platforms during school, and New Jersey established a commission to study the effects of social media use at school. Utah introduced a bill that subsequently failed, but draft bills indicate that these states continue to work towards phone-free learning environments.
Implementation and enforcement of cellphone bans may be difficult to navigate. The enforcement of these cellphone bans often becomes an added responsibility for teachers. Exceptions to these bans are also challenging to navigate as many students may need their devices for medical reasons or parents have differing expectations for maintaining contact. Additionally, cellphone bans have brought to light equity concerns – for example, New York’s prior state-wide cellphone ban was lifted in 2015 in part because of stricter enforcement at schools serving students from low-income households compared to schools serving students from high-income households. At the same time, banning cellphones has been linked to positive outcomes, such as improved test scores, especially among students who typically do not perform as well academically.
What is the connection between cellphone use and mental health?
Youth often use cellphones to access social media and social media is linked to poor mental health. In 2023, a survey of adolescents found that 51% reported using social media for at least four hours per day. Adolescent social media use is associated with higher rates of anxiety and depression, exposure to harmful content – the effects of which adolescents are more susceptible to – and body dissatisfaction and eating disorders, especially among girls. Excessive social media use and social media addiction are associated with sleep issues, which may result in negative neurological effects. However, social media use among youth can also be beneficial as it allows for self-expression, finding communities with shared interests, and accessing important resources, including mental health resources.
Approximately nine in ten public schools report occurrences of cyberbullying – a form of bullying through technological devices, including cellphones – among students (Figure 2). Cyberbullying is associated with social and emotional distress, depression, and suicidal ideation among youth and is more often experienced by female and sexual minority youth compared to their peers. In 2023, 16% of high school students reported electronic bullying, and this was heightened among LGBT+ adolescents (25%) and females (21%). Technological devices can also be used to create and spread digitally altered pornographic content without consent – a practice that primarily targets females and may negatively impact their mental health. Further, cellphone ownership among youth is linked to increased experiences of cyberbullying.
Excessive cellphone use can distract from in-person socialization and is associated with loneliness among adolescents. Establishing and building relationships with peers is beneficial to youth well-being and can have a protective effect on adolescents experiencing adversity. With the distraction of cellphones, peer relationship-building may be negatively impacted.
Approximately 40% of public schools report moderate to severe negative impacts on student learning and on teacher and staff morale when students use their electronic devices without permission (Figure 3). Many teachers report that students being distracted with their cellphones is a major problem in their classrooms and that enforcing cellphone restrictions is challenging. The presence of smart phones may reduce cognitive capacity, especially for those highly addicted to their phones, and notifications disrupt focus and attention. Further, there is a negative association between time spent on smartphones and academic performance.
What is known on the effectiveness of cellphone bans and other actions to address youth mental health?
While evidence on the outcomes of school cellphone bans is limited, widespread concerns regarding the harms of smartphone use on youth well-being continue to invoke action by policymakers and leaders in education. Emerging research on student outcomes is mixed, with some studies suggesting improvements in student mental health and academic performance and a reduction in bullying, and others showing little to no change. While evidence on school bans is inconsistent, rising concerns regarding the harms of social media and internet use among youth have led to policy and safety measures being introduced at the state and federal level. For instance, policymakers recently introduced bipartisan legislation – the Focus on Learning Act – that calls on the U.S. Department of Education to conduct studies on the impact of cellphone use on students’ academic and mental health outcomes, among other provisions. Additionally, as of December 2024, the U.S. Department of Education called on all states and districts to adopt measures to manage cellphone use in schools and published guidance which includes example policies, considerations to accommodate needs of different populations, and policy evaluation and modification guidelines. This guidance was published in response to the Biden-Harris Administration’s efforts to address youth mental health and online safety. Other multi-prong approaches are also being implemented, such as the Biden-Harris administration’s continued efforts to improve online safety for children. These include creating the Kids Online Health and Safety Task Force, which recently released Best Practices for Families and Guidance for Industry, and a Call to Action to mitigate image-based sexual abuse. Additionally, the Surgeon General recommended that social media platforms include a warning label that states that social media is linked to poor mental health among adolescents.
Governors’ Powers & Authority
Governors serve as the chief executive officers of the fifty-five states, commonwealths, and territories of the United States. As state managers, Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads. A majority of Governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee. All Governors, with the exception of Virginia’s, may succeed themselves, although they may be limited to a specific number of consecutive or total terms. Governors are ranked by political historians and other observers of state politics according to the number and extent of their powers. All states except Oregon provide for the impeachment of Governors. In most cases, impeachment requires a majority of members of the legislature while conviction generally requires a two-thirds or other special majority.Should a Governor be impeached, the lieutenant Governor serves as acting Governor of states.
As state managers, Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, Governors advance and pursue new and revised policies and programs using a variety of tools, among them executive orders, executive budgets, and legislative proposals and vetoes. As chiefs of the state, Governors serve as the intergovernmental liaison to the federal government on behalf of the state. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads, many of whom they are empowered to appoint. A majority of Governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee. On This Page Qualifications and Tenure
Legislative Role
Appointment Power
Clemency Power
Executive Orders and Regulatory Authority
Emergency Powers and Disaster Response
Although Governors have many roles and responsibilities in common, the scope of gubernatorial power varies from state to state in accordance with state constitutions, legislation, and tradition, and Governors often are ranked by political historians and other observers of state politics according to the number and extent of their powers. Ranking factors may include the following.
Qualifications and tenure
Legislative—including budget and veto—authority
Appointment sovereignty
Clemency authority
Although not necessarily a ranking factor, the power to issue executive orders and take emergency actions is a significant gubernatorial responsibility that varies from state to state.
Qualifications and Tenure
Qualifications
States, commonwealths, and territories vary with respect to minimum age, U.S. citizenship, and state residency requirements for gubernatorial candidates and office holders. The minimum age requirement for Governors ranges from no formal provision to age 35. The requirement of U.S. citizenship for gubernatorial candidates ranges from no formal provision to 20 years. State residency requirements range from no formal provision to 7 years.
Term Limits
Gubernatorial terms are four years in every state, commonwealth, and territory, except for New Hampshire and Vermont which have two-year terms. All Governors, with the exception of Virginia’s, may succeed themselves, although they may be limited to a specific number of consecutive or total terms.
For state by state information on gubernatorial qualifications, see “The Governors: Qualifications for Office“ (Table 4.2, The Book of the States 2021, source: The Council of State Governments).
For state by state information on gubernatorial term limits, see NGA’s Governors Roster, and “Constitutional and Statutory Provisions for Number of Consecutive Terms of Elected State Officials” (Table 4.9, The Book of the States 2021, source: The Council of State Governments).
Vacancies/Succession
In the event of a vacancy in office, the lieutenant Governor is the designated official who succeeds the Governor in 49 states and territories (in two of which—Tennessee and West Virginia—the president/speaker of the Senate and lieutenant Governor are one and the same). In the remaining 5 states and the Commonwealth of Puerto Rico, officials designated to succeed the Governor include the secretary of state and leader of the senate.
For state by state information on succession, see “The Governors” (Table 4.1, The Book of the States 2021, source: The Council of State Governments). For more information on lieutenant Governors and other executive branch officials, see the Appointment Power section below.
Impeachment
All states except Oregon provide for the impeachment of Governors. As in the case of the federal government, the impeachment process starts with the lower body of the legislature and the trial is conducted by the upper body in every state but Alaska—where the process is reversed, and Nebraska, which has a unicameral legislature charged with the full impeachment process. In most cases, impeachment requires a majority of members, while conviction generally requires a two-thirds or other special majority.
Should a Governor be impeached, the lieutenant Governor serves as acting Governor in the vast majority of states. For state by state information on impeachment, see “Impeachment Provisions in the States” (Table 4.8, The Book of the States 2021, source: The Council of State Governments). For more information on lieutenant Governors, see the Appointment Power section below.
Governors play three broad roles in relation to state legislatures. First, they may propose legislation and convey policy priorities, often through a State of the State address. Second, they may be empowered to call special legislative sessions, provided in most cases that the purpose and agenda for the sessions are set in advance. Third, and more familiarly, Governors coordinate and work with state legislatures in:
approval of state budgets and appropriations;
enactment or vetoing of state legislation;
confirmation of executive and judicial appointments; and
legislative oversight of executive branch functions.
Legislative Role
Approval Of State Budgets and Appropriations
Governors develop and submit annual or biennial budgets for review and approval by the legislature. In a number of states, commonwealths, and territories, Governors also have “reduction”—most often referred to as “line-item”—veto power that can be used for the removal of appropriations to which they object. These tools allow Governors and their budget staff to play a strong role in establishing priorities for the use of state resources. For state by state information on gubernatorial budget making and line-item veto power, see “The Governors: Powers” (Table 4.4, The Book of the States 2021, source: The Council of State Governments).
Enactment Of Legislation
Governors often use State of the State messages to outline their legislative platforms, and many Governors prepare specific legislative proposals to be introduced on their behalf. In addition, state departments and agencies may pursue legislative initiatives with gubernatorial approval. Executive branch officials often are called to testify on legislative proposals, and Governors and other executive branch leaders will seek to mobilize public opinion and interest groups in favor of or opposition to specific legislative proposals.
Every legislative bill that is passed by the state legislative body is presented to the Governor for signing. State laws prescribe how much time the Governor is allotted to sign or veto proposed legislation following transmittal. Legislation may go into effect without the Governor’s signature after a statutorily mandated time has elapsed. Different rules may apply depending on whether the state is in a regular legislative session, post legislative-adjournment, or if the state is in special session.
Governors may use their role as party leaders to encourage support for legislative initiatives, and along with department heads and staff, may seek to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.
Veto Power
All 50 state Governors have the power to veto whole legislative measures. In a large majority of states, a bill will become law unless it is vetoed by the Governor within a specified number of days, which vary among states. In a smaller number of states, bills will die (pocket veto) unless the Governor formally signs them, also within a specified number of days. Other types of vetoes available to the Governors of some states include “line-item” (by which a Governor can strike a general item from a piece of legislation), “reduction” (by which a Governor can delete a budget item), and “amendatory” (by which a Governor can revise legislation). Legislatures may override vetoes, usually by a supermajority vote.
For state by state information about veto powers, see “The Governors: Powers” (Table 4.4, The Book of the States 2021, source: The Council of State Governments) and “Enacting Legislation: Veto, Veto Override and Effective Date” (Table 3.16, The Book of the States 2021, source: The Council of State Governments).
Confirmation Of Appointments
Many gubernatorial appointments require legislative confirmation. For additional information, see the Appointment Power section below as well as “Selected State Administrative Officials: Methods of Selection” (Table 4.10, The Book of the States 2021, source: The Council of State Governments).
Legislative Oversight
Governors interact with their legislatures to help ensure that their priorities, goals, and accomplishments are accurately presented and positively received during oversight hearings and other legislative activities that address and evaluate executive branch implementation of legislatively mandated programs and services.
Appointment Power
Gubernatorial Appointments – Overview
Most Governors have broad authority to nominate officials to serve in state executive branch positions—many of whom will be included in the Governor’s advisory committee, known as the “cabinet.” Governors may be empowered as well to make appointments to state judgeships. Frequently, these appointments are subject to confirmation by one or both houses of the state legislature. While often pro forma in nature, the confirmation process with respect to executive branch appointments can be used by legislatures to expand their influence on Governors and their policies. Accordingly, many Governors consult with key legislators before making formal nominations.
For state by state information on the methods of selecting state officials, see “Selected State Administrative Officials: Methods of Selection” (Table 4.10, The Book of the States 2021, source: The Council of State Governments).
Boards And Commissions
The roles played by boards and commissions vary considerably by state and by program. In some states appointed boards have the primary responsibility for individual programs and agencies and are responsible for the selection of department and agency heads. This is particularly true in the field of education, but boards still retain responsibility for a broad range of other programs in fields such as labor, transportation and health and human services.
In many states the members of these boards are named or nominated by the Governor. And in many of these cases, board members are subject to confirmation by one or both houses of the legislature.
Other boards play more limited regulatory or advisory roles. In most states boards oversee the licensing and regulation of numerous professions and business areas. In other states they advise the Governor on areas of importance such as the environment and economic development.
While the elimination and/or consolidation of boards and commissions is a common focus of government efficiency and government reorganization initiatives, they still play a prominent role in state government, providing opportunities to address the concerns of special interests and to reward political supporters.
Executive Branch Positions Independently Selected
A large number of states provide for the independent selection of certain executive branch positions. Most noteworthy among these positions are lieutenant Governor, secretary of state, attorney general, and treasurer.
The position of lieutenant Governor exists in the overwhelming majority of states, where the position is most often filled by popular statewide election and jointly with the Governor, although in a small number of cases the role of lieutenant Governor is assigned by state law to another position in either the executive or legislative branch (e.g., secretary of state or leader of the senate). The positions of secretary of state, attorney general, and treasurer are all subject to statewide popular election in the majority of states, and at least one of the three is elected in most of the remaining states. Governors in five states—Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming—appoint the state attorney general.
Governors generally have limited authority in the appointment of state comptrollers and pre and post audit department heads. Governors’ appointment powers are also limited with regard to the heads of state education and higher education agencies. The education department head is independently elected statewide in 14 states and is appointed—independent of gubernatorial approval—by a board or agency head in 20 states and two territories. In most states and territories, the higher education head is appointed by a board independent of gubernatorial approval.
A number of states also provide for the statewide election of one or more other department heads, among them public utility regulators and the heads of agriculture, labor, and natural resources departments.
As with Governors, other statewide elected positions may be subject to age, citizenship, and state residency requirements, as well as term limits.
For state by state data on the joint election of Governors and lieutenant Governors, see “The Governors” (Table 4.1, The Book of the States 2021, source: The Council of State Governments).
For state by state information on the methods of selecting state officials, see “Selected State Administrative Officials: Methods of Selection” (Table 4.10, The Book of the States 2021, source: The Council of State Governments).
For state by state information on eligibility requirements for state officials, see “Constitutional and Statutory Provisions for Number of Consecutive Terms of Elected State Officials” (Table 4.9, The Book of the States 2021, source: The Council of State Governments).
Cabinets
Governors are charged by their state constitutions with responsibility to see that the laws are faithfully executed by the many people and organizations that comprise the executive branch. Day-to-day administrative responsibilities are delegated to state agencies supervised by the Governor. State cabinets, which serve as advisory councils to the nation’s Governors, generally are made up of officials appointed by the Governor to head state departments and agencies, and in some cases top-level staff in the Governor’s immediate office. In most states the cabinet fulfills two functions:
advises the Governor on the development of policy; and
serves as a vehicle for the Governor or senior staff to convey priorities to gubernatorial appointees and address cross-agency issues or concerns.
In a number of states, Governors have created sub-cabinets to bring together agencies to address issues such as the needs of children.
Forty-four states and all of the commonwealths and territories have cabinets and/or sub-cabinets. Cabinets themselves may have their origin in law, tradition, and/or the Governor’s discretion. Cabinet membership may be a product of appointment to a specific office or be subject to selection by the Governor. Cabinet size, and the frequency of cabinet meetings and formality and extent to which a Governor uses his or her cabinet for advice and assistance, varies among the states, commonwealths, and territories.
For state by state information on cabinets, see “State Cabinet Systems” (Table 4.6, The Book of the States 2021, source: The Council of State Governments).
Clemency Power
Clemency is an umbrella term that refers to several mechanisms that allow for the remittance of consequences of a committed crime. Virtually every state constitution authorizes the Governor or a board of pardons to grant clemency, although terminology, procedure, and structure may vary greatly from state to state. Generally, clemency authorities refer to the following executive powers:
A pardon is an official nullification of legal consequences for a crime. The granting of a pardon by the Governor or formal pardons board may restore civil rights for services to the state, such as the right to vote, the right to bear arms, or the ability to serve in the military.
Commutation shortens an individual’s sentence. If a commutation shortens an individual’s sentence to time served, it results in that individual’s release. Upon release, an individual whose sentence is commuted may remain on community supervision or may be released without ongoing supervision.
A reprieve suspends an individual’s sentence or temporarily delays the imposition or resumption of a sentence, including for an individual with a death sentence.
Executive Orders & Regulatory Authority
Understanding how state constitutions and statutes specify characteristics of the executive branch—as well as the legislative branch and judicial branch—is important and may help mitigate separation of powers disputes. Although scope varies in each state, governors generally possess broad executive authority to act within their states. These authorities are excised through executive orders or proclamations and the state regulatory process.
Executive Orders
The authority for Governors to issue executive orders is found in state constitutions and states as well as case law or is implied by the powers assigned to state chief executives. Governors use executive orders—certain of which are subject to legislative review in some states—for a variety of purposes, among them to:
trigger emergency powers and related response actions during natural disasters, weather events, energy crises, public health emergencies, mass casualty events, and other situations requiring immediate attention;
create advisory, coordinating, study, or investigative committees or commissions;
create or reorganize state agencies, boards, and commissions;
address executive branch management and administrative issues such as regulatory reform, environmental impact, hiring freezes, discrimination, and intergovernmental coordination; and
other actions within the Governor’s executive authority, including announcing/establishing gubernatorial priorities and initiatives.
Depending on state authorities, Governors may also issue an executive order or proclamation to declare special elections to fill vacancies in certain elected offices. For state by state information on the power of Governors to issue executive orders, see “Gubernatorial Executive Orders: Authorization, Provisions, Procedures” (Table 4.5, The Book of the States 2021, source: The Council of State Governments).
Regulatory Authority
The executive branch executes laws passed by the state legislatures, with state agencies, departments, or boards often instructed to promulgate rules and regulations to implement those laws. Legislative review processes for rule promulgations vary widely among the states. In many states, Governor’s offices have set up processes to coordinate and oversee these rule promulgations to ensure that the rules adopted by the departments and agencies reflect the Governor’s priorities and philosophy.
Emergency Powers & Disaster Response
As chief executive, Governors are responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes. Most emergencies and disasters are handled at the local level, and few require a presidential disaster declaration or attract worldwide media attention. Yet Governors must be as prepared for day-to-day events—tornadoes, floods, power outages, industrial fires, and hazardous materials spills—as for catastrophes on the scale of the COVID-19 pandemic, Hurricane Katrina, or the September 11 terrorist attacks. States focus on four stages of disaster or emergency management:
Prepare
Prevent
Respond
Recover
These components afford a useful rubric for thinking about the cycle of disasters and emergencies and for organizing recommendations for state action. During an emergency, the Governor also plays a key role in communicating with the public during an emergency, providing advice and instructions and maintaining calm and public order.
Emergency Powers
Gubernatorial emergency powers, generally activated through the implementation of a state declaration of emergency or disaster, provide Governors avenues to enhance capabilities, coordination, and collaboration across state and local agencies. They also give states flexibility to respond to exigent circumstances, including the reallocation of state and federal funds. Further, emergency declarations allow Governors to temporarily modify their state’s statutory, regulatory, and legal framework to respond to the changing nature of an emergency more quickly.
Although statutory schemes vary, all states give the Governor the authority to declare one or more types of emergencies, including a disaster emergency or a public health emergency. State laws specify how these legal declarations are made, durational limitations, legislative involvement, and other potential constraints. In some cases, the necessary response to a disaster is beyond the capacity of state and local governments. A state may petition the President to declare a major disaster. The declaration of a major disaster triggers a variety of federal programs depending on the scope of the disaster and the type of losses experienced.
National Guard
When National Guard units are not under federal control, Governors are the commanders and chief of state militias with the responsibility to protect the safety of the states’ citizens. The National Guard may be deployed for active duty by a Governor to help respond to domestic emergencies, such as riots or mass casualty incidents, and disasters, such as hurricanes, floods, and earthquakes. Governors exercise control through the state adjutants general.
Gov. Mike Braun ends remote work for Indiana employees
Indiana Governor Mike Braun is taking swift action to eliminate remote, hybrid and work-from-home options for State employees. In an Executive Order filed earlier this week, Braun said that all full-time employees working for the State of Indiana must return to in-person work by the middle of the year. The Order states that, since the COVID-19 Public Health Emergency was ended in March 2022, the “conditions necessitating non-traditional work environments have significantly improved” However, Braun says a “significant portion” of State workers are still on remote or hybrid schedules.
INDIANAPOLIS — Newly-inaugurated Indiana Governor Mike Braun is taking swift action to eliminate remote, hybrid and work-from-home options for State employees.
In March 2020, the State of Indiana took action to combat the effects of the COVID-19 pandemic by allowing many Hoosiers to work from the safety of their homes. Braun is now saying – after five years – it is time to eliminate remote work options for Indiana employees.
In an Executive Order filed earlier this week, Braun said that all full-time employees working for the State of Indiana must return to in-person work by the middle of the year. Specifically, all departments and agencies must have all workers return to the office by July 1, 2025.
The Order states that, since the COVID-19 Public Health Emergency was ended in March 2022, the “conditions necessitating non-traditional work environments have significantly improved.” However, Braun says a “significant portion” of State workers are still on remote or hybrid schedules.
In 2024, the State’s Executive Branch reportedly logged 7,317,984 hours of remote work from 10,588 employees working under remote work agreements.
In his order, Braun wrote that under an efficient government all State agencies are to be held accountable for how they spend taxpayer money. Particularly, the governor said this requires ensuring State employees operate to the best of their abilities while being paid with tax dollars.
“While remote work was appropriate during COVID, its continued scale must be reevaluated to align with the fundamental mission of public service: ensuring accountability, responsiveness and efficient service,” Braun wrote. “The pandemic has ended, and Hoosiers expect their elected leaders to promptly restore the public servant workforce to pre-pandemic status.”
Braun said that a return to in-person work will strengthen collaboration, oversight and direct engagement for Indiana’s state employees. This, the governor argues, will maximize the State’s civil workforce efficiency.
The governor also said that only “limited exceptions” will be granted under this Executive Order. He said any employee who has not yet demonstrated “satisfactory performance” in their job will not be eligible for remote work.
Furthermore, Braun said that if an exception is granted for a State employee to do their job remotely, the remote work must be performed within the geographical boundaries of Indiana.
Braun’s Executive Order was signed and became effective immediately on Jan. 14. The order was signed by both Gov. Braun and Secretary of State Diego Morales. To read a full copy of the Executive Order, click here.