Election results, 2023: State legislative veto-proof majorities
No state legislature saw changes in its veto-proof majority status — typically when one party controls either three-fifths or two-thirds of both chambers — as a result of the 2023 elections. After the election, there were 29 state legislatures with a veto-proof majority in both chambers: with Republicans holding 20 and Democrats holding nine.
Four states — Louisiana, Mississippi, New Jersey, and Virginia — held regularly-scheduled state legislative elections in November 2023.
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.
One of five states heading into the 2023 elections that had a veto-proof legislative majority and governor of the opposing party — Kentucky — maintained that status after the elections. Louisiana lost this status since the Republican Party, which maintained veto-proof legislative majorities, also gained control of the governor's office. The three other states with this status — Kansas, North Carolina, and Vermont — did not hold elections in 2023.
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 5% of vetoes are overridden.[1]
Status of veto-proof majorities following the 2023 elections
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 2023, the 29 state legislatures where one party had a veto-proof majority in both chambers included five states where the governor was a member of a different political party than the veto-proof majority: Kansas, Kentucky, Louisiana, North Carolina, and Vermont. Louisiana held legislative and gubernatorial elections, while Kentucky held a gubernatorial election. Kentucky maintained its status as a veto proof majority with an opposing party governor when Gov. Andy Beshear (D) won re-election. Louisiana lost this status since the Republican Party, which maintained veto-proof legislative majorities, also gained control of the governor's office.
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 2023 elections.
| Veto-proof majority status by state | ||||||
|---|---|---|---|---|---|---|
| State | Party of governor (2024) | Party of legislative majority | Pre-election veto-proof majority? | Post-election veto-proof majority? | ||
| Louisiana |  Republican |
Republican |
Yes | Yes | ||
| Mississippi | Republican |
Republican |
Senate | Senate | ||
| New Jersey |  Democratic |
Democratic |
No | No | ||
| Virginia | Republican |
Democratic |
No | No | ||
States with potential for veto-proof state legislatures and opposing party governors
Ballotpedia identified one state with state legislative and gubernatorial elections in 2023 that had the potential to gain a veto-proof majority of the party opposite the governor: Mississippi.
- Mississippi: Heading into the 2023 elections, the governor of Mississippi was Tate Reeves (R). In Mississippi, two-thirds of the state legislature is required to override a gubernatorial veto. The Republican Party held more than two-thirds of the seats in the Mississippi State Senate with its 36-15 majority but fell short of this threshold with its 76-40 majority in the Mississippi House of Representatives, meaning that the Republican Party did not have the ability to override a gubernatorial veto without the support of some House Democrats. Mississippi held a gubernatorial election in 2023, meaning that the Democratic Party had an opportunity to take the governorship. The Republican Party had an opportunity to hold on to the governorship and gain a legislative supermajority. In order to do so, Republicans must have lost fewer than one seat in the state Senate and gained at least five seats in the state House. Democrats prevented a Republican veto-proof majority in the state House, while Republicans maintained a veto-proof majority in the state Senate. Tate Reeves (R) was re-elected governor.
Analysis for 2021
No 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 2021 elections.
Two states held regularly-scheduled state legislative elections on November 2. Neither New Jersey nor Virginia had a veto-proof majority in the state legislature and no party gained a veto-proof majority in either state.
Heading into the election, there were 24 state legislatures where one party had a veto-proof majority in both chambers; 16 held by Republicans and eight held by Democrats. None of those states held legislative elections in 2021.
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. None of those states held legislative elections in 2021.
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.[2]
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 2021, the 24 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. None of these states held legislative elections in 2021. No governorships in these states were up for election in 2021.
See also
- Veto-proof state legislatures and opposing party governors in the 2023 elections
- Veto overrides in state legislatures
- State legislative elections, 2023
- Election results, 2023
- Election results, 2023: Governors
Footnotes
