Leadership1 publisher3 min readPublished
Governors divide over AI kill switches and data-center growth across party lines ahead of 39 races
California's Gavin Newsom and New York's Kathy Hochul are exploring an AI kill switch as 39 governor races go to voters on November 3. Positions on AI cross party lines, so operators siting capacity face rules likely to differ state by state.
The Board Room · Leadership desk
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What happened
- Utah's Republican governor, Spencer Cox, has called for federal AI safety rules.
- Republican governors in Nevada and North Dakota and Democratic governors in Michigan and New Mexico, where major AI-computing projects are under construction, treat data centers as an economic opportunity.
- Arizona Gov. Katie Hobbs, who is up for reelection, has said she does not support a moratorium on new data-center development.
- Local residents have pushed back against data-center projects over environmental and energy-cost impacts, while many Big Tech firms push for faster expansion.
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Why it matters
- exposure Companies running advanced AI systems in California or New York would face a mandated shutdown mechanism if the governors' kill-switch idea moves from exploration into law.
- constraint In 22 of the 39 races the sitting governor is not running, so a siting plan built on today's gubernatorial statements cannot be relied on past the election.
- decision Choosing a state whose governor courts data centers still leaves an operator to price resident opposition over environmental and energy costs into its permitting timeline.
The kill switch under discussion in California and New York would disable advanced AI systems in an out-of-control event, according to Business Insider's survey of every governor's public position [3]. A company that trains or hosts advanced models in either state needs to know which of its systems a switch like that could reach if the idea became statute. The survey does not describe draft language in either state, or a federal standard that would pre-empt one.
The calendar matters as much as any single governor's view. The survey counts 17 governors up for reelection [2] across 39 races on November 3 [1]. In the other 22, about 56 percent of the total, the governor whose AI record an operator has studied is not on the ballot [1][2].
A skeptic would say that governors' remarks are not law, and much of the record bears that out. Kay Ivey of Alabama created a generative AI task force in 2024 [11]. Katie Hobbs's administration set up Arizona's first AI steering committee in 2025 and launched an AI government tool in 2026 [9]. Sarah Huckabee Sanders launched an Arkansas working group in 2024 whose report found AI could help the state's Medicaid and SNAP programs [14]. Ivey's own framing was cautious. "GenAI represents a monumental step forward in the potential for our state government to serve the public," she said in a 2024 statement. "However, its capabilities must first be studied carefully to ensure it is implemented in the most responsible and efficient manner possible." [12]
The record already holds one binding act, though. In 2025 Ivey banned the Chinese-affiliated platforms DeepSeek and Manus from all state-owned devices and networks [13]. The ban covers only the state's own equipment, and it came the year after her task force was created [11][13].
Governors courting capacity are also making cost claims that operators will want to check. Mike Dunleavy of Alaska said in late 2025 that a 1-gigawatt campus in his state could save operators up to $150 million a year in cooling compared with a warmer state [16]. On his figure, that is as much as $150,000 per megawatt annually [3].
For an operator, the trade-off is between states that court capacity and states that are weighing controls, and party does not sort them. In my view the rules a data-center operator works under after November will be set state by state, because governors in both parties have so far taken varied approaches [7]. Sanders gave the growth case in one line, writing that "Arkansas can't afford to be left behind" [15]. A siting decision this quarter is made under today's governors. In 22 states and territories, the rules that follow will come from a different one [1].
What to watch
- Whether California or New York publishes draft kill-switch language, and which AI systems it would cover.
- The winners of the 22 races with no incumbent running, and their first statements on data-center growth and AI safety.
- Whether other governors join Spencer Cox in calling for federal AI safety rules.