Election results, 2020: State legislative veto-proof majorities
Two state legislatures saw changes in their veto-proof majority status—typically when one party controls either three-fifths or two-thirds of both chambers—as a result of the 2020 elections. Democrats gained veto-proof majorities in Delaware and New York, bringing the number of state legislatures with a veto-proof majority in both chambers to 24: 16 held by Republicans and eight held by Democrats.
Forty-four states held regularly-scheduled state legislative elections on November 3. Heading into the election, there were 22 state legislatures where one party had a veto-proof majority in both chambers; 16 held by Republicans and six held by Democrats. Twenty of those states held legislative elections in 2020.
The veto override power can play a role in conflicts between state legislatures and governors. Conflict can occur when legislatures vote to override gubernatorial vetoes or in court cases related to vetoes and the override power.
Heading into the election, there were four states where the governor was a member of a different political party than the veto-proof majority: Kansas, Kentucky, Massachusetts, and Maryland. All but Maryland held legislative elections in 2020, and no veto-proof majority status changes occurred. Ballotpedia identified five states with state legislative elections in 2020 that had the potential to gain a veto-proof majority of the party opposite the governor: Montana, New Hampshire, North Carolina, Vermont, and Wisconsin. To find out what happened in those states, click here.
Although it has the potential to create conflict, the veto override power is rarely used. According to political scientists Peverill Squire and Gary Moncrief in 2010, only about five percent of vetoes are overridden.[1]
| Changes in state legislative veto-proof majorites | ||||||
|---|---|---|---|---|---|---|
| State | Before | After | ||||
| Delaware | Democratic veto-proof majority in state House | |||||
| New York | Democratic veto-proof majority in state Assembly | |||||
| Changes in state legislative chamber veto-proof majorities | ||||||
|---|---|---|---|---|---|---|
| Chamber | Before | After | ||||
| Connecticut State Senate | No veto-proof majority | |||||
| Delaware State Senate | No veto-proof majority | |||||
| Montana House of Representatives | No veto-proof majority | |||||
| Nevada State Assembly | No veto-proof majority | |||||
| New York State Senate | No veto-proof majority | |||||
Veto-proof majorities and opposing-party governors
Veto-proof majorities are most important when the other party controls the governorship. This creates more opportunities for legislatures to override gubernatorial vetoes. Heading into 2020, the 22 state legislatures where one party had a veto-proof majority in both chambers included four states where the governor was a member of a different political party than the veto-proof majority: Kansas, Kentucky, Massachusetts, and Maryland. All but Maryland held legislative elections in 2020. As a result of the 2020 elections, Republicans maintained veto-proof majorities in Kansas and Kentucky, and Democrats maintained their veto-proof majority in Massachusetts. No governorships in these states were up for election in 2020.
Summary of election outcomes
The following table includes states that gained, lost, or maintained veto-proof majority status in one or both legislative chambers in the 2020 elections.
| Veto-proof majority status by state | ||||||
|---|---|---|---|---|---|---|
| State | Party of governor (2021) | Party of legislative majority | Pre-election veto-proof majority? | Post-election veto-proof majority? | ||
| Arkansas | Yes | Yes | ||||
| California | Yes | Yes | ||||
| Connecticut | No | Senate | ||||
| Delaware | House | Yes | ||||
| Hawaii | Yes | Yes | ||||
| Idaho | Yes | Yes | ||||
| Illinois | Yes | Yes | ||||
| Indiana | Yes | Yes | ||||
| Kansas | Yes | Yes | ||||
| Kentucky | Yes | Yes | ||||
| Massachusetts | Yes | Yes | ||||
| Missouri | Yes | Yes | ||||
| Montana | No | House | ||||
| Nebraska | Yes | Yes | ||||
| Nevada | Assembly | No | ||||
| New York | Assembly | Yes | ||||
| North Dakota | Yes | Yes | ||||
| Ohio | Yes | Yes | ||||
| Oklahoma | Yes | Yes | ||||
| Rhode Island | Yes | Yes | ||||
| South Dakota | Yes | Yes | ||||
| Tennessee | Yes | Yes | ||||
| Utah | Yes | Yes | ||||
| Vermont | Senate | Senate | ||||
| West Virginia | Yes | Yes | ||||
| Wyoming | Yes | Yes | ||||
States with potential for veto-proof state legislatures and opposing party governors
Ballotpedia identified five states with state legislative and gubernatorial elections in 2020 that had the potential to gain a veto-proof majority of the party opposite the governor: Montana, New Hampshire, North Carolina, Vermont, and Wisconsin.
- Montana: The Democratic Party had the opportunity to hold the governorship and prevent the Republican Party from gaining a veto-proof majority in the state legislature. In order to do so, Democrats needed to lose no more than four seats in the state Senate and no more than nine seats in the state House. The Republican Party had the opportunity to take the governorship and win a veto-proof majority in the state legislature. In order to do so, Republicans needed to gain at least four seats in the state Senate and at least nine seats in the state House. Republicans gained a veto-proof majority in the state House. Democrats prevented a Republican veto-proof majority in the state Senate. Greg Gianforte (R) was elected governor, flipping the governorship.
- New Hampshire: The Democratic Party had the opportunity to take the governorship and win a veto-proof majority in the state legislature. In order to do so, Democrats needed to gain at least two seats in the state Senate and at least 36 seats in the state House. The Republican Party had the opportunity to hold the governorship and prevent the Democratic Party from gaining a veto-proof majority in the state legislature. In order to do so, Republicans needed to lose no more than two seats in the state Senate and no more than 36 seats in the state House. Democrats did not gain veto-proof majorities in either chamber of the state legislature; Republicans flipped both chambers. Incumbent Gov. Chris Sununu (R) won re-election.
- North Carolina: The Democratic Party had the opportunity to hold the governorship and prevent the Republican Party from gaining a veto-proof majority in the state legislature. In order to do so, Democrats needed to lose no more than one seat in the state Senate and no more than seven seats in the state House. The Republican Party had the opportunity to take the governorship and win a veto-proof majority in the state legislature. In order to do so, Republicans needed to gain at least one seat in the state Senate and at least seven seats in the state House. Republicans did not gain veto-proof majorities in either chamber of the state legislature. Incumbent Gov. Roy Cooper (D) won re-election.
- Vermont: The Democratic Party had the opportunity to take the governorship and win a veto-proof majority in the state legislature. In order to do so, Democrats needed to lose no more than two seats in the state Senate and gain at least five seats in the state House. The Republican Party had the opportunity to hold the governorship and prevent the Democratic Party from gaining a veto-proof majority in the state legislature. In order to do so, Republicans needed to gain at least two seats in the state Senate and lose no more than five seats in the state House. Democrats maintained a veto-proof majority in the state Senate. Republicans prevented a Democratic veto-proof majority in the state House. Incumbent Gov. Phil Scott (R) won re-election.
- Wisconsin: The Democratic Party had the opportunity to prevent the Republican Party from gaining a supermajority in the state legislature. In order to do so, Democrats needed to lose no more than three seats in the state Senate and no more than three seats in the state Assembly. The Republican Party had the opportunity to win a supermajority in the state legislature. In order to do so, Republicans needed to gain at least three seats in the state Senate and at least three seats in the state Assembly. Republicans did not gain veto-proof majorities in either chamber of the state legislature. Incumbent Gov. Tony Evers (D) was not up for re-election in 2020.
See also
- Veto-proof state legislatures and opposing party governors in the 2020 elections
- Veto overrides in state legislatures
- Supermajority
Footnotes
- ↑ Moncrief, G. & Squire, P. (2010). "State Legislatures Today: Politics Under the Domes". United States. Pearson Education. (184)
| |||||||||||