State Legislature Supermajorities: The Election Battles Intensify

State Houses: The New Battleground

While the US Congress is at a standstill, state houses across the country are actively drafting and passing policies that impact millions of citizens. Currently, these legislative bodies are operating without input from an opposing party or a dissenting governor. As of October 21, there are 23 Republican trifectas, 17 Democratic trifectas, and 10 divided governments where neither party holds trifecta control. A trifecta is a situation where one party holds the state governorship and a majority in the state house and senate.

Supermajorities and the Upcoming General Election

Before the general election in November, legislative supermajorities exist in 57 of the 99 legislative chambers in the country, as per data compiled by Stateside, a consultancy for state and local government. Republicans hold 41 of these veto-proof advantages, while Democrats have 20. In total, a partisan supermajority exists in at least one house of the Legislature in 35 of the 50 states. However, in 14 of these states, the supermajority is held by an advantage of three seats or less. Organizations aligned with both the Democratic and Republican parties are heavily investing in down-ballot races that could potentially make or break a supermajority in the coming legislative term.

The High Stakes of Statehouse Races

Despite voter interest being relatively low in statehouse races compared to high-profile campaigns for national offices, the stakes are high. Most legislative actions that directly affect the public, such as policies on abortions, education, energy, healthcare, taxes, and transportation, are determined in statehouses. With the federal government currently polarized and hamstrung, the action is primarily at the state level.

Understanding Supermajorities

The definition of a supermajority varies from state to state. Generally, achieving a supermajority means a state legislative body has enough members from one party to pass laws without any votes from the minority party and enough votes to override the governor’s vetoes. Currently, Republicans hold a supermajority in both houses of the state Legislature in 19 states, and in one chamber of the Legislature in three states. Democrats, on the other hand, hold a supermajority in both houses of the state Legislature in eight states, and in one chamber of the state Legislatures of three states.

The Impact of Supermajorities

A supermajority effectively limits the governor’s power to carry out policy priorities in a state with a divided government. Four governors currently preside over divided state governments in which the opposition party holds a legislative supermajority. These governors' legislatures have largely stripped them of their policymaking power. In North Carolina, for instance, the Republican supermajority has passed new abortion restrictions, drafted new election laws, and further curtailed Governor Roy Cooper’s power during the most recent legislative session.

The Role of National Partisan Groups

The rise of legislative supermajorities can be attributed to the growing involvement of national partisan groups known as 527 organizations. These tax-exempt entities can receive and spend unlimited amounts of money to influence federal, state, and local politics and elections. Three decades ago, statehouse races were typically local contests directed and financed by city and state chambers of commerce, unions, and other local political organizations. Now, national groups like the Democratic Legislative Campaign Committee (DLCC) and Republican State Leadership Committee (RSLC) invest vast national resources into state’s legislative caucuses.

Bottom Line

The battle for supermajorities in state legislatures is heating up, with national partisan groups playing a significant role. These supermajorities have the power to shape policies that directly affect millions of citizens. It's a fascinating shift in the political landscape, and it will be interesting to see how it unfolds in the upcoming general election. What are your thoughts on this development? Share this article with your friends and discuss it. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.