Veto-proof state legislatures and opposing party governors in the 2022 elections
Updated January 11, 2023
Two of four states heading into the 2022 elections that had a veto-proof legislative majority and governor of the opposing party—Kentucky and Kansas—maintained that status after the elections. The other two states—Maryland and Massachusetts—no longer have that status since the party that held veto-proof legislative majorities also gained control of the governor's office in the 2022 elections.
Vermont became a state with a veto-proof legislative majority and opposing-party governor as a result of the 2022 elections.
State governors may veto bills advanced by the state legislature. With sufficient support—between one-half and two-thirds of sitting legislators, depending on the state—state legislatures may overturn a gubernatorial veto. When one party controls enough seats to overturn a veto without any support from the other party, a legislature can be said to hold a veto-proof majority.
Heading into the 2022 elections, there were four states with a governor of one party and a veto-proof state legislative majority of the opposing party: Kansas, Kentucky, Maryland, and Massachusetts. There are three states—North Carolina, Vermont, and Wisconsin—that could have switched to having a veto-proof majority and an opposing party governor as a result of the 2022 elections.
- In Kentucky, Republicans maintained their veto-proof majority in both chambers of the state legislature as a result of the 2022 elections. Gov. Andy Beshear (D) is not up for re-election until 2023.
- In Kansas, Governor Laura Kelly (D) won re-election. Republicans maintained their veto-proof majority in the state Senate since that chamber did not hold regular elections. Republicans also won at least two-thirds of the seats in the state House of Representatives.
- In Maryland, Democrats won the governorship while maintaining their veto-proof state legislative majority and became a Democratic trifecta. Wes Moore (D) won the Maryland gubernatorial election, defeating Dan Cox (R) and four other candidates. Incumbent Larry Hogan (R) was term-limited.
- In Massachusetts, Democrats won the governorship while maintaining their veto-proof state legislative majority and became a Democratic trifecta. Maura Healey (D) won the Massachusetts gubernatorial election, defeating Geoff Diehl (R) and Kevin Reed (L). Incumbent Charlie Baker (R) did not run for re-election.
- In Vermont, Democrats gained a veto-proof majority in the state legislature as a result of the 2022 elections and Phil Scott (R) was re-elected governor.
Two states could have gained a veto-proof legislative majority with an opposing party governor in 2022.
- In North Carolina, Republicans gained a three-fifths majority in the state Senate. The final margin of the Republican majority in the North Carolina House of Representatives has not yet been determined as two races remain uncalled. North Carolina holds gubernatorial elections in presidential election years, so Gov. Roy Cooper (D) was not up for re-election.
- In Wisconsin, Republicans gained a two-thirds majority in the state Senate but fell at least two seats short of a two-thirds majority in the Wisconsin State Assembly. Incumbent Gov. Tony Evers (D) defeated Tim Michels (R) and Seth Haskin (independent, write-in) to win re-election.
On this page, you will find:
- States with veto-proof legislative majorities and opposing governors
- Kansas, Kentucky, Maryland, and Massachusetts
- States that could gain a veto-proof legislative majority and an opposing governor in 2022
- North Carolina, Vermont, and Wisconsin
Post-election results
Pre-election analysis
States with a veto-proof legislative majority and opposing party governor before the 2022 elections
Below is a summary of the partisan balance and each party's electoral opportunities in those states with a veto-proof state legislative majority and a governor of the opposite party heading into the 2022 elections.
Kansas
Current partisan balance
Heading into the 2022 elections, the governor of Kansas was Laura Kelly (D), who ran for re-election. In Kansas, two-thirds of the state legislature is required to override a gubernatorial veto. The Republican Party holds more than two-thirds of the seats in both chambers of the legislature, with a 86-38 majority in the Kansas House of Representatives and a 29-11 majority in the Kansas State Senate.[1]
Opportunities for the Democratic Party in 2022
In 2022, the Democratic Party had the opportunity to break the Republican supermajority in the legislature. In order to do so, the Democratic Party must gain at least two seats in the state House, which would break the supermajority. The Kansas State Senate was not up for election this year. However, the Democratic Party was defending its control of the governorship in the 2022 election.
Opportunities for the Republican Party in 2022
Kansas held a gubernatorial election in 2022, meaning that the Republican Party had an opportunity to take the governorship. However, the Republican Party was defending its legislative supermajority; it must lose fewer than two seats in the state House in order to maintain its supermajority. The state Senate was not up for election in 2022
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Kentucky
Current partisan balance
Heading into the 2022 elections, the governor of Kentucky is Andy Beshear (D), who is not up for re-election until 2023. In Kentucky, a simple majority of the state legislature is required to override a gubernatorial veto. The Republican Party holds a majority in both chambers of the legislature, with a 75-25 majority in the Kentucky House of Representatives and a 30-8 majority in the Kentucky State Senate.[1]
Opportunities for the Democratic Party in 2022
In 2022, the Democratic Party had the opportunity to break the Republican supermajority in the legislature. In order to do so, the Democratic Party must gain at least 24 seats in the state House or at least 10 seats in the state Senate; reaching either target would break the Republican supermajority.
Opportunities for the Republican Party in 2022
The Republican Party was defending its legislative supermajority; it must lose fewer than 24 seats in the state House and fewer than 10 seats in the state Senate in order to maintain its supermajority.
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Maryland
Current partisan balance
Heading into the 2022 elections, the governor of Maryland was Larry Hogan (R), who was unable to run for re-election due to term limits. In Maryland, three-fifths of the state legislature is required to override a gubernatorial veto. The Democratic Party holds more than three-fifths of the seats in both chambers of the legislature, with a 99-42 majority in the Maryland House of Delegates and a 32-15 majority in the Maryland State Senate.[1]
Opportunities for the Democratic Party in 2022
Maryland held a gubernatorial election in 2022, meaning that the Democratic Party had an opportunity to take the governorship. However, the Democratic Party was defending its legislative supermajority; it must lose fewer than 14 seats in the state House and fewer than three seats in the state Senate in order to maintain its supermajority.
Opportunities for the Republican Party in 2022
In 2022, the Republican Party had the opportunity to break the Democratic supermajority in the legislature. In order to do so, the Republican Party must gain at least 14 seats in the state House or at least three seats in the state Senate; reaching either target would break the Democratic supermajority. However, the Republican Party was defending its control of the governorship in the 2022 election.
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Massachusetts
Current partisan balance
Heading into the 2022 elections, the governor of Massachusetts was Charlie Baker (R), who did not run for re-election. In Massachusetts, two-thirds of the state legislature is required to override a gubernatorial veto. The Democratic Party holds more than two-thirds of the seats in both chambers of the legislature, with a 125-27 majority in the Massachusetts House of Representatives and a 37-3 majority in the Massachusetts State Senate.[1]
Opportunities for the Democratic Party in 2022
Massachusetts held a gubernatorial election in 2022, meaning that the Democratic Party had an opportunity to take the governorship. However, the Democratic Party was defending its legislative supermajority; it must lose fewer than 18 seats in the state House and fewer than 10 seats in the state Senate in order to maintain its supermajority.
Opportunities for the Republican Party in 2022
In 2022, the Republican Party had the opportunity to break the Democratic supermajority in the legislature. In order to do so, the Republican Party must gain at least 18 seats in the state House or at least 10 seats in the state Senate; reaching either target would break the Democratic supermajority. However, the Republican Party was defending its control of the governorship in the 2022 election.
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States that had the potential to form a veto-proof legislative majority and an opposing governor in the 2022 elections
We consider a state to have a potential supermajority if the number of seats across both chambers of the legislature that would need to be picked up by the majority party in order to gain a supermajority is less than or equal to 10 percent of the total seats in the legislature. The following states all had either a legislative supermajority or potential supermajority and a governor of the opposing party heading into the 2022 elections:
North Carolina
Current partisan balance
Heading into the 2022 elections, the governor of North Carolina was Roy Cooper (D). In North Carolina, three-fifths of the state legislature is required to override a gubernatorial veto. The Republican Party holds majorities in both chambers of the legislature that was below the threshold for a veto-proof majority. Republicans have a 68-51 majority in the North Carolina House of Representatives (a three-fifths majority would require 72 seats) and a 28-22 majority in the North Carolina State Senate (a three-fifths majority would require 30 seats).[1]
Opportunities for the Democratic Party in 2022
In 2022, the Democratic Party had the opportunity to establish a supermajority in the legislature. In order to do so, the Democratic Party must gain both at least 21 seats in the state House and at least eight seats in the state Senate. In order to prevent the Republican Party from gaining a supermajority, Democrats must lose fewer than four seats in the state House or fewer than two seats in the state Senate; holding either target would keep Republicans from a supermajority.
Opportunites for the Republican Party in 2022
Because North Carolina holds gubernatorial elections in presidential election years, the next opportunity for Republicans to gain the governorship was not until the November 5, 2024, election. The Republican Party gained a legislative supermajority by winning more than four seats in the state House and more than two seats in the state Senate to obtain a supermajority.
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Vermont
Current partisan balance
Heading into the 2022 elections, the governor of Vermont was Phil Scott (R). In Vermont, two-thirds of the state legislature is required to override a gubernatorial veto. The Democratic Party holds more than two-thirds of the seats in the Vermont State Senate with its 21-7 majority but falls short of this threshold with its 91-46 majority in the Vermont House of Representatives, meaning that the Democratic Party does not have the ability to override a gubernatorial veto without the support of some House Republicans.[1]
Opportunities for the Democratic Party in 2022
Vermont held a gubernatorial election in 2022, meaning that the Democratic Party had an opportunity to take the governorship. Additionally, the Democratic Party had an opportunity to gain a legislative supermajority. In order to do so, the Democrats must gain at least nine seats in the state House while losing one seat or fewer in the state Senate.
Opportunities for the Republican Party in 2022
In 2022, the Republican Party had an opportunity to hold on to the governorship and prevent the Democratic Party from gaining a legislative supermajority. In order to do so, the Republicans must lose fewer than nine seats in the state House or gain at least one seat in the state Senate; reaching either target would prevent the Democratic Party from gaining a supermajority.
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Wisconsin
Current partisan balance
Heading into the 2022 elections, the governor of Wisconsin was Tony Evers (D). In Wisconsin, two-thirds of the state legislature is required to override a gubernatorial veto. Although the Republican Party controls majorities in both chambers of the state legislature, it falls short of the two-thirds threshold in both chambers with its 57-38 majority in the Wisconsin State Assembly and its 21-12 majority in the Wisconsin State Senate.[1]
Opportunities for the Democratic Party in 2022
The Democratic Party had an opportunity to prevent the Republican Party from gaining a legislative supermajority. In order to do so, the Democrats must lose fewer than nine seats in the state Assembly and fewer than one seat in the state Senate; reaching either target will prevent the Republican Party from gaining a supermajority.
Opportunities for the Republican Party in 2022
Wisconsin held a gubernatorial election in 2022, meaning that the Republican Party had an opportunity to take the governorship. In 2022, the Republican Party had an opportunity to win the governorship and gain a legislative supermajority. In order to do so, the Republicans must gain at least nine seats in the state Assembly and at least one seat in the state Senate.
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Background
States with veto-proof majorities
Veto overrides
All 50 states give their legislatures the ability to override gubernatorial vetoes. The authority for the override power is always included in a state's constitution, which also specifies how many legislators are needed to override a veto.
- 36 states require a two-thirds vote from both chambers of the legislature.
- Seven states require a three-fifths vote from both chambers of the legislature.[2]
- Six states require a majority vote from both chambers of the legislature.
- Alaska requires a two-thirds vote in a joint meeting of its legislative chambers.
Ballotpedia has identified six states with rules that change the veto override threshold depending on the type of bill being considered: Alaska, Arizona, Illinois, Ohio, Oklahoma, and West Virginia. Bills that are subject to special rules are appropriations bills, tax bills, and emergency bills.
Depending on the state, the vote threshold required for a veto override applies to either all members elected to a chamber or to all members present in the chamber. For example, Alabama requires a majority of all elected members to override a veto, so 53 of 105 votes are needed in the state House and 18 votes of 35 votes are needed in the state Senate. Idaho, on the other hand, requires two-thirds of all members present. So, if only 30 of the state Senate's 35 members are present, the threshold to override a veto in that chamber would be 20 votes rather than the 24 that would be required if all elected members were present.
Click [show] to see a state-by-state breakdown of the rules for veto overrides.
Case studies
This section summarizes examples of governing conflicts in recent years in states with a veto-proof legislative majority and an opposing party governor.
Case study: Kentucky
Gov. Andy Beshear (D) defeated incumbent Gov. Matt Bevin (R) in 2019, 49.2% to 48.8%. Republicans have held partisan control of the Kentucky State Senate since 1999 and the Kentucky House of Representatives since after the 2016 elections. In Kentucky, a simple majority of the state legislature is required to override a gubernatorial veto.
The following are some recent examples where the legislature overrode Gov. Beshear's vetoes:
Partial veto of bill eliminating mask requirements in public K-12 schools
In September 2021, the Kentucky General Assembly voted to override Beshear’s partial veto of Senate Bill 1 (S.B. 1), which modified several aspects of public school district operations. The portion vetoed by Beshear eliminated mask requirements in public K-12 schools. Beshear had previously released an executive order requiring masks inside of public and private schools on Aug. 10, 2021.[5][6]
Proponents of the bill said it allowed for necessary operational flexibility in public school districts to tailor learning experiences to students.[7] Beshear and other opponents of S.B. 1 said it would weaken efforts to mitigate the spread of COVID-19 during surges.[8]
Vetoes of state redistricting maps
In January 2022, the Kentucky General Assembly overrode Gov. Andy Beshear's (D) vetoes of two bills establishing the state's new congressional and state House maps. House Bill 2 (HB2) set new lines for Kentucky's state House, while Senate Bill 3 (SB3) drew new boundaries for Kentucky's six congressional districts. Both bills were part of Kentucky's redistricting process following the 2020 United States census.
Proponents of the new redistricting plans said they accurately represented Kentucky's population.[9] Beshear's veto messages alleged that the new redistricting plans were gerrymandering.[10]
Vetoes of bills regarding abortion, charter schools, and transgender students in interscholastic athletics
In April 2022, the Kentucky General Assembly overrode Gov. Andy Beshear's (D) vetoes of three bills. House Bill 3 (HB3) included provisions that banned abortion after 15 weeks of pregnancy, restricted the distribution of abortion pills by mail, added new requirements for minors seeking abortions, and created a certification and monitoring system for abortions and physicians that perform them.[11] House Bill 9 (HB9) created funding for public charter schools in the state alongside a pilot program requiring that a charter school be authorized in Louisville and Northern Kentucky by 2023.[12] Senate Bill 83 (SB83) prohibited female-identifying transgender students from participating in school sports by requiring that interscholastic athletics be organized by the biological sex of students and banning students designated as male from participating in sports designated as female.[13]
The votes on the three bills were part of a set of 22 successful veto overrides on the second-to-last day of the state's 2022 legislative session.[14]
Case study: Maryland
Maryland voters elected Larry Hogan governor in 2014. Three-fifths of the state legislature is required to override a gubernatorial veto, and Democrats have held a super-majority during the entire time that Hogan has served as governor.
The following are some recent examples where the legislature overrode Gov. Hogan's vetoes:
Veto of education funding and policy plan
In February 2021, the Maryland General Assembly overrode Hogan's veto of House Bill 1300 (H.B. 1300), a bill implementing a ten-year education funding and policy plan developed by the Maryland Commission on Innovation and Excellence in Education, also known as the Kirwan Commission. According to the Associated Press' Brian Witte:[15]
Veto of bills regarding criminal justice and law enforcement
In April 2021, the Maryland General Assembly overrode four of the governor's vetoes on bills regarding criminal justice and law enforcement, including Senate Bill 71 (S.B. 71): mandating body-camera use for on-duty law enforcement officers by 2025, establishing systems to identify officers at risk of using excessive force, providing responses to reduce such risk, and developing a statewide use-of-force policy and Senate Bill 494 (S.B. 494): prohibiting life sentences for minors and altering state law regarding sentencing guidelines and remedies for individuals convicted as an adult for offenses committed as a minor.
Veto of governor's proposed congressional redistricting plan
In December 2021, the legislature voted to override Hogan veto of House Bill 1 (HB 1), the legislative plan to redistrict Maryland's eight U.S. House districts.[16] Prior to the passage of HB 1, Hogan had indicated he would veto any congressional map that differed from the map produced by the Maryland Citizens Redistricting Commission, a group established by Gov. Hogan.[17] The commission's proposed map was not put to a vote in the General Assembly.[17] According to David Collins of WBAL-TV, "The map allows Democrats to hold seven of the state's eight congressional seats and the First District on the Eastern Shore, held by Republican Rep. Andy Harris, becomes more competitive."[18]
Vetos of bills regarding collective bargaining, abortion among others
In April 2022, the Maryland General Assembly overrode 11 vetoes, including legislation that HB90 allowed collective bargaining agreements for lawyers at the Maryland Office of the Public Defender and required that cause be given in order to fire or discipline a public defender.[19], HB937, or the Abortion Care Access Act, enabled nurse practitioners, nurse midwives, and physician assistants to perform abortions and required that private insurance plans that are not exempt cover abortions without cost-sharing or deductibles as well as providing $3.5 million to train health care professionals for reproductive services. [20], and HB1021 required alarm systems and other safety measures in businesses that sell firearms.[19]
See also
- State government trifectas
- Supermajority
- Veto overrides in state legislatures
- Gubernatorial elections, 2022
- State legislative elections, 2022
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 This analysis does not take currently vacant seats or seats held by a minor party or independent legislator into account. It also does not account for situations where members of one party caucus with the other party.
- ↑ Even though Nebraska has a unicameral state legislature, it is included in this figure.
- ↑ Alaska requires a two-thirds vote in a joint meeting of its two legislative chambers, which is 40 of 60 legislators.
- ↑ California State Capitol Museum, "Life Cycle of a Bill," accessed July 21, 2017
- ↑ Kentucky Office of the Governor, "Health care, public health, school and business leaders support Governor’s executive order," August 10, 2021
- ↑ Kentucky General Assembly, “Original Bill,” accessed Oct. 3, 2021
- ↑ WYMT, “Kentucky House and Senate override Governor Andy Beshear’s veto of bill aimed at ending school mask mandates,” Sept. 9, 2021
- ↑ WHAS, “Kentucky lawmakers override governor’s vetoes on COVID-related bills,” Sept.10, 2021
- ↑ WHAS 11, "'He is wrong on the facts, wrong on the law, and he knows it.' Gov. Beshear vetoes proposed redistricting bills," Jan. 19, 2022
- ↑ Commonwealth of Kentucky Office of the Governor, "Veto Message from the Governor of the Commonwealth of Kentucky Regarding House Bill 2 of the 2022 Regular Session," Jan. 19, 2022
- ↑ Lexington Herald Leader, "KY Republicans override Beshear’s veto of sweeping abortion bill. It takes effect immediately," April 14, 2022
- ↑ Spectrum News 1, "Lawmakers override Beshear's veto of charter school funding bill," April 14, 2022
- ↑ Kentucky General Assembly, "Senate Bill 83," accessed April 29, 2022
- ↑ Courier Journal, "Kentucky General Assembly speeds through overrides of Beshear vetoes. Here's a rundown," April 13, 2022
- ↑ AP, "Maryland House overrides veto of major education measure," Feb. 8, 2021
- ↑ Maryland General Assembly, “Congressional Redistricting Plan,” accessed Dec. 9, 2021
- ↑ 17.0 17.1 WTOP, "Md. General Assembly overrides Hogan’s veto of Congressional redistricting plan," Dec. 9, 2021
- ↑ WBAL-TV, "House, Senate override governor's veto of congressional redistricting map," December 9, 2021
- ↑ 19.0 19.1 Maryland Matters, "Hogan Vetoes Abortion and Paid Family Leave Bills, Allows Climate Measure to Become Law," April 8, 2022
- ↑ Fox 5 Washington DC, "Maryland lawmakers override Governor Hogan's vetoes," April 10, 2022
