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State government trifectas
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- The governorship
- A majority in the state senates
- A majority in the state houses.
In other words, a trifecta occurs when there is no divided government. The concept of the trifecta is important in state lawmaking because in many states, the governor, senate majority leader and house majority leader play decisive roles in the legislative process.
As of May 2013 there are 36 total trifectas.
- 24
Republican
- 12
Democratic
The 36 trifectas is the most across the country in more than 60 years and represents a growing shift away from divided government.[1][2] There are two additional "elected trifectas" -- however, power-sharing complexities have removed those states from the trifecta count.
Trifecta plus
Trifectas can be further analyzed by adding in an additional dataset -- State Supreme Court's. In some states, the State Supreme Court justice is elected on a partisan ticket, while in some cases the elected justices are non-partisan. Still in other states, the justices are appointed. However, in many cases, there is an effective understanding that a working majority of the court sides with either conservative or progressive issues.
A Trifecta Plus for the Democratic Party is a state with a Trifecta and a working majority of the State's High Court that tends to support progressive jurisprudence. A Trifecta Plus for the GOP is a state with a Trifecta and a working majority of the State's High Court that tends to support conservative/libertarian jurisprudence.
Based upon judicial analysis, there are 22 states where the State Supreme Court can be labeled as leaning in one direction or the other. Incorporating the trifecta data, the following is a breakdown of the states with a Trifecta Plus, as of December 2012.
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The judicial landscape of the courts is based upon the Democratic Judicial Campaign Committee's analysis.[3]
Trifectas and supermajorities
In addition to having a trifecta, it is also worth exploring which states have supermajorities. The supermajority allows a party in power to further exert its influence over the minority party.
As of December 2012, there are 21 states with a trifecta and a supermajority and 15 states with a trifecta but no legislative supermajority. The breakdown is as follows:[4]
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Elections
2012
Heading into the 2012 elections there were 33 total trifectas in the United States. After the election, there were five new trifectas, bringing the total to 38 trifectas. However, following the election, power-sharing arrangements in two states reduced the total trifectas to 36.
Trifecta complexities
There are three states that complicate the labeling of trifectas. These three unique situations brought the total trifectas from 37 to 36, decreasing the Democratic states by two and adding one GOP state.
- In New York, the Democratic party by virtue of the elections controls all three levels of government. However, a power-sharing agreement was reached that gave control of the State Senate over to the Republicans, after five elected Democrats pledged to caucus with the GOP. This burst the Democratic trifecta, reducing the total trifectas by one state.[6]
- In Virginia, the State Senate is a tied chamber as a result of the 2011 elections. However, the tiebreaking vote is cast by the Lieutenant Governor, who is a Republican. Thus, control of the Governorship and state legislature effectively rests with the Republicans. This gives Republicans an additional trifecta, increasing the total trifectas by one state.[7]
- In Washington, the Democratic by virtue of the elections controls all three levels of government. However, a power-sharing agreement was reached that gave control of the State Senate over to the Republicans, after two conservative Democrats pledged to elected Republican leadership to the chamber. This burst the Democratic trifecta, reducing the total trifectas by one state.[8]
| Trifectas Before and After the 2012 Election |
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2010
Heading into the 2010 elections there were 25 total trifectas in the United States. After the election, there were seven new trifectas, bringing the total to 32 trifectas.
| Trifectas Before and After the 2012 Election |
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Legislatively-referred constitutional amendment
A legislatively-referred constitutional amendment is a proposed constitutional amendment that appears on a state's ballot as a ballot measure because the state legislature in that state voted to put it before the voters.
A legislatively-referred constitutional amendment is a limited form of direct democracy with comparison to the initiated constitutional amendment. With the initiated constitutional amendment, voters can initiate the amendment and approve it, whereas with the legislatively-referred amendment, they can only approve or reject amendments initiated by their state's legislature.
49 states have a law in place that allows citizens to vote on proposed constitutional amendments offered by the state legislature. The exception is Delaware, where the legislature alone acts on constitutional amendments.
Breakdown by states
The breakdown of states below is current as of December 2012, after the 2012 elections.
| Breakdown of all 50 states | |
|---|---|
| Requirement By Type | Total States |
| Majority one session | 9 |
| Majority two sessions | 7 |
| 60% supermajority | 9 |
| 2/3 supermajority | 18 |
| Multiple options | 6 |
| Note: Delaware is not included above. The Legislature acts alone on constitutional amendments. | |
Majority (One session)
Nine states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature. All 10 states have both chambers of the legislature controlled by a single party.
| Majority (One session) | |
|---|---|
| State | Details |
| Arizona | A majority vote is required in the Arizona State Legislature to refer a measure to the ballot. |
| Arkansas | A majority vote is required in both chambers of the Arkansas State Legislature to refer a measure to the ballot. (See Section 22, Article 19, Arkansas Constitution.) |
| Minnesota | Proposed amendments must be agreed to by a majority of the members of each chamber of the Minnesota State Legislature. |
| Missouri | Proposed amendments must be agreed to by a majority of the members of each chamber of the Missouri General Assembly. |
| New Mexico | According to Article XIX of the New Mexico Constitution, it takes a majority vote of all members of both houses of the New Mexico State Legislature to refer a proposed amendment to the ballot. |
| North Dakota | Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution." |
| Oregon | Section 1, Article XVIII of the Oregon Constitution says that it takes a majority vote of both chambers of the Oregon State Legislature to put an amendment proposed by the legislature on the ballot. |
| Rhode Island | Section 1 of Article 14 of the Rhode Island Constitution says that the Rhode Island General Assembly can initiate the process of amendment "by a roll call vote of a majority of the members elected to each house." |
| South Dakota | Section 1 of Article XXIII of the South Dakota Constitution says that the South Dakota State Legislature can refer a proposed amendment to the state's voters through a majority vote. |
Majority (Two sessions)
Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the state's legislature. With the exception of New York, all other states have both chambers of the legislature controlled by a single party.
| Majority (Two sessions) | |
|---|---|
| State | Details |
| Indiana | A majority vote is required (in two successive sessions of) the Indiana General Assembly. |
| Massachusetts | |
| Iowa | A majority vote is required (in two successive sessions of) the Iowa General Assembly. |
| Nevada | A majority vote is required (in two successive sessions of) the Nevada State Legislature. |
| New York | A majority vote is required (in two successive sessions of) the New York State Legislature. |
| Virginia | A majority vote is required (in two successive sessions of) the Virginia General Assembly. |
| Wisconsin | A majority vote is required (in two successive sessions of) the Wisconsin State Legislature. |
60% Supermajority
Nine states allow a referred amendment to go on the ballot after a 60% supermajority vote in one session of the state's legislature. States with a 60% supermajority include Alabama and Maryland. Illinois, North Carolina, and Ohio have the required supermajority if you assume some independents caucus with the majority party.[4]
| 60% Supermajority | |
|---|---|
| State | Details |
| Alabama | Article XVIII of the Alabama Constitution says that it takes a three-fifths (60%) vote of the Alabama State Legislature to qualify an amendment for the ballot. |
| Florida | Section 1 of Article XI, Florida Constitution says that the Florida State Legislature can put a proposed amendment on the ballot if 60% or more of the legislators in each chamber agree to do so in a joint resolution. |
| Illinois | An amendment can be proposed if 60% of the members of both houses of the Illinois General Assembly vote to put in on the ballot. |
| Kentucky | If 60% of the membership of each chamber of the Kentucky General Assembly approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election. |
| Maryland | Placing a proposed amendment on the ballot must be approved by a 60% vote of each chamber of the Maryland State Legislature. |
| Nebraska | 60% of the members of the Nebraska State Legislature must vote for a proposed amendment. |
| New Hampshire | Part II, Article 100 says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the New Hampshire General Court. |
| North Carolina | Section 4 of Article XIII of the North Carolina Constitution says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the North Carolina State Legislature |
| Ohio | The Ohio State Legislature can propose amendments, according to Article XVI, if 60% of the members of both chambers agree to it. |
2/3rds Supermajority
Eighteen states allow a referred amendment to go on the ballot after a 2/3rds supermajority vote in one session of the state's legislature. States with a 2/3rd supermajority include California, Idaho, Kansas, Tennessee, Utah, and Wyoming. Georgia has the required supermajority if you assume some independents caucus with the majority party.[4]
| 2/3rds Supermajority | |
|---|---|
| State | Details |
| Alaska | Article 13 of the Alaska Constitution specifies that a 2/3rds vote of the Alaska State Legislature is required to refer a measure to the ballot. |
| California | A 2/3rds vote of the both chambers of the California State Legislature is required to refer a measure to the ballot. |
| Colorado | Two-thirds of each chamber of the Colorado General Assembly must vote affirmatively for a proposed amendment in order for it to go on the statewide ballot for potential voter ratification. |
| Georgia | A proposed amendment must be approved by 2/3rds of the membership of each chamber of the Georgia General Assembly before going to the state's voters. |
| Idaho | If a proposed amendment is agreed to by two-thirds of the members of both the Idaho State Senate and the Idaho House of Representatives, the proposed amendment goes on the next general election ballot. |
| Kansas | A 2/3rds vote in both chambers of the Kansas State Legislature is required to refer an amendment to the ballot. |
| Louisiana | If 2/3rds of the members of both houses of the Louisiana State Legislature vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot. |
| Maine | According to Section 4 of Article X, if the Maine House of Representatives and the Maine State Senate both vote by at least a 2/3rds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts. |
| Michigan | Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house of the Michigan State Legislature. |
| Mississippi | Two-thirds (2/3) of each house of the Mississippi State Legislature must approve a proposed amendment for it to go on a statewide ballot. |
| Montana | Section 8 of Article XIV of the Montana Constitution says that an affirmative roll call vote of two-thirds of all members of the Montana Legislature is required to refer an amendment to the ballot. |
| South Carolina | Section 1 of Article XVI of the South Carolina Constitution says that a legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the South Carolina State Legislature. |
| Tennessee | The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval). |
| Texas | A 2/3rds vote in both chambers of the Texas State Legislature is required to refer an amendment to the ballot. |
| Utah | According to Section 1, Article XXIII, a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters. |
| Washington | A 2/3rds vote in both chambers of the Washington State Legislature is required to refer an amendment to the ballot. |
| West Virginia | A 2/3rds vote in both chambers of the West Virginia State Legislature is required to refer an amendment to the ballot. |
| Wyoming | A 2/3rds vote in both chambers of the Wyoming State Legislature is required to refer an amendment to the ballot. |
Multiple options
Six states (Connecticut, Hawaii, New Jersey Oklahoma, Pennsylvania and Vermont) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.[9] All four states have both chambers of the state legislature controlled by a single party. Additionally, Hawaii Democrats control both chambers with a supermajority.
| Multiple Options | |
|---|---|
| State | Details |
| Connecticut | The state legislature must approve a proposed amendment by a supermajority vote of 75% but the same amendment can also qualify for the ballot if successive sessions of the Connecticut State Legislature approve it by a simple majority. |
| Hawaii | The state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority. |
| New Jersey | The state legislature must approve a proposed amendment by a supermajority vote of 60% but the same amendment can also qualify for the ballot if successive sessions of the New Jersey State Legislature approve it by a simple majority. |
| Oklahoma | The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.) |
| Pennsylvania | Two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so. |
| Vermont | Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate. |
New Mexico has a unique provision such that any amendments to the New Mexico Constitution proposed by the New Mexico State Legislature that would "restrict the rights created by Section 1 or Section 3 of Article VII or Section 8 and Section 10 of Article XII must win a 75% vote of the state legislature to go on the ballot.
See also
| By Geoff Pallay |
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| Email • Submit a link |
- Who Runs the States Project
- State legislative elections, 2014
- State legislative elections, 2013
- State legislative elections, 2012
- State legislative elections, 2010
- Gubernatorial elections, 2014
- Gubernatorial elections, 2013
- Gubernatorial elections, 2012
- Gubernatorial elections, 2010
References
- ↑ Washington Times "Rising number of states seeing one-party rule," November 10, 2012
- ↑ CNBC "One-Party Control Opens States to Partisan Rush," November 23, 2012
- ↑ Democratic Judicial Campaign Committee "Judicial Landscape," Accessed December 2012
- ↑ 4.0 4.1 4.2 NCSL "Half the States will Have Veto-Proof Majorities," November 27, 2012
- ↑ Note: While Pennsylvania does not have an actual supermajority, it is included in this list because only a simple majority is required to override a governor's veto. Therefore, the powers of a supermajority are present in Pennsylvania, and thus it is included here.
- ↑ National Journal "GOP, IDC Strike Deal on NY Senate Power Sharing," December 4, 2012
- ↑ NBC 10 "Republicans take control of Va. Senate," January 11, 2012
- ↑ Washington Secretary of State "GOP-led coalition grabs power in WA Senate," December 10, 2012
- ↑ Comparative Analysis of the mode of amending state constitutions, p. 108
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