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Veto-proof state legislatures and opposing party governors in the 2024 elections
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August 2024
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 2024 elections, there were four states with a governor of one party and a veto-proof state legislative majority of the opposing party: Kansas, Kentucky, North Carolina, and Vermont. All four states held elections in both legislative chambers in 2024, meaning their veto-proof supermajority status could have changed as a result of the election.
There were two states—Nevada and Wisconsin—that could have switched to having a veto-proof majority and an opposing party governor as a result of the 2024 elections. They were considered potential supermajorities. To read about our methodology, click here.
Veto-proof supermajorities can override an opposing party governor's attempt to prevent their passed bills from becoming law. For recent examples where a veto-proof supermajority overrode an opposing party governor's veto, click here.
On this page, you will find:
- States with veto-proof legislative majorities and opposing governors
- Kansas, Kentucky, North Carolina, and Vermont
- Three case studies of recent conflict arising from a veto-proof majority and opposing party governor
Pre-election analysis
States with a veto-proof legislative majority and opposing party governor before the 2024 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 2024 elections.
Kansas
Current partisan balance
Heading into the 2024 elections, the governor of Kansas was Laura Kelly (D), who is not up for re-election until 2026. In Kansas, 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 both chambers of the legislature, with an 85-40 majority in the Kansas House of Representatives and a 29-11 majority in the Kansas State Senate.[1]
| Governor | State Senate | State House |
|---|---|---|
 Laura Kelly
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 Republican supermajority
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Republican supermajority
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Opportunities for the Democratic Party in 2024
In 2024, the Democratic Party had the opportunity to break the Republican supermajority in the legislature. In order to do so, the Democratic Party needed to gain at least three seats in the state Senate or at least two seats in the state House, either of which would have broken the supermajority.
Opportunities for the Republican Party in 2024
In 2024, the Republican Party was defending its legislative supermajority; it needed to lose fewer than two seats in the state House and fewer than three seats in the state Senate in order to maintain its supermajority.
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Kentucky
Current partisan balance
Heading into the 2024 elections, the governor of Kentucky was Andy Beshear (D), who is not up for re-election until 2027. In Kentucky, a simple majority of the state legislature is required to override a gubernatorial veto. The Republican Party held a majority in both chambers of the legislature, with an 80-20 majority in the Kentucky House of Representatives and a 31-7 majority in the Kentucky State Senate.[1]
| Governor | State Senate | State House |
|---|---|---|
| Andy Beshear
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Republican supermajority
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Republican supermajority
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Opportunities for the Democratic Party in 2024
In 2024, the Democratic Party had the opportunity to break the Republican supermajority in the legislature. In order to do so, the Democratic Party needed to gain at least 30 seats in the state House or at least 12 seats in the state Senate, either of which would have broken the Republican supermajority.
Opportunities for the Republican Party in 2024
The Republican Party was defending its legislative supermajority; it needed to lose fewer than 30 seats in the state House and fewer than 12 seats in the state Senate in order to maintain its supermajority.
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North Carolina
Current partisan balance
Heading into the 2024 elections, the governor of North Carolina was Roy Cooper (D), who was not able to file for re-election due to term limits. In North Carolina, three-fifths of the state legislature is required to override a gubernatorial veto. The Republican Party held exactly three-fifths of the seats in both chambers, with its 72-48 majority in the North Carolina House of Representatives and its 30-20 majority in the North Carolina State Senate.[1]
| Governor | State Senate | State House |
|---|---|---|
| Roy Cooper
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Republican supermajority
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Republican supermajority
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Opportunities for the Democratic Party in 2024
North Carolina held a gubernatorial election in 2024, meaning that the Democratic Party had an opportunity to defend the governorship. Additionally, the Democratic Party could have broken the Republican supermajority in the legislature by gaining at least one seat in either the state Senate or the state House.
Opportunities for the Republican Party in 2024
In 2024, the Republican Party had an opportunity to take the governorship, creating a Republican trifecta. They were also defending a legislative supermajority. In order to do so, the Republicans needed to lose no seats in the state Senate or the state House.
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Vermont
Current partisan balance
Heading into the 2024 elections, the governor of Vermont was Phil Scott (R), who ran for re-election. In Vermont, two-thirds of the state legislature is required to override a gubernatorial veto. The Democratic Party held more than two-thirds of the seats in both chambers of the legislature, with a 105-37 majority in the Vermont House of Representatives and a 21-7 majority in the Vermont State Senate.[1]
| Governor | State Senate | State House |
|---|---|---|
| Phil Scott
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Democratic supermajority
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Democratic supermajority
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Opportunities for the Democratic Party in 2024
Vermont held a gubernatorial election in 2024, meaning that the Democratic Party had an opportunity to take the governorship, creating a Democratic trifecta. The Democratic Party was also defending its legislative supermajority; it needed to lose fewer than 6 seats in the state House and fewer than 2 seats in the state Senate in order to maintain its supermajority.
Opportunities for the Republican Party in 2024
In 2024, the Republican Party had the opportunity to break the Democratic supermajority in the legislature. In order to do so, the Republican Party needed to gain at least 6 seats in the state House or at least 2 seats in the state Senate, either of which would have broken the Democratic supermajority. The Republican Party was also defending its control of the governorship in the 2024 election.
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States that had the potential to form a veto-proof legislative majority and an opposing governor in the 2024 elections
For the purposes of this analysis, 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 and the governorship is controlled by the opposing party.
Heading into the 2024 elections, 10 states were under a divided government. Four of those 10 states—Kansas, Kentucky, North Carolina, and Vermont— had a veto-proof majority in the legislature and a governor of the opposing party. The table below evaluated the 2024 supermajority potential of the remaining six divided governments.
The following two states each had a potential supermajority and a governor of the opposing party heading into the 2024 elections:
Nevada
Current partisan balance
Heading into the 2024 elections, the governor of Nevada was Joe Lombardo (R). In Nevada, two-thirds of the state legislature is required to override a gubernatorial veto. The Democratic Party held majorities in both chambers of the legislature that were below the threshold for a veto-proof majority. Democrats have a 26-14 majority in the Nevada State Assembly (a two-thirds majority would require 28 seats) and a 13-7 majority in the Nevada State Senate (a two-thirds majority would require 14 seats).[1]
| Governor | State Senate | State Assembly |
|---|---|---|
| Joe Lombardo
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Democratic majority
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Democratic majority
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Opportunities for the Democratic Party in 2024
In 2024, the Democratic Party had the opportunity to establish a supermajority in the legislature. In order to do so, the Democratic Party needed to gain at least two seats in the state Assembly and at least 1 seat in the state Senate.
Opportunities for the Republican Party in 2024
Because Nevada does not hold gubernatorial elections in presidential election years, the Republican Party will not defend the governorship until 2026. In 2024, the Republican Party needed to lose fewer than two seats in the state Assembly or lose no seats in the state Senate to prevent a Democratic supermajority.
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Wisconsin
Current partisan balance
Heading into the 2024 elections, the governor of Wisconsin was Tony Evers (D). In Wisconsin, two-thirds of the state legislature is required to override a gubernatorial veto. The Republican Party reached the two-thirds threshold in the Wisconsin State Senate with its 22-10 majority but was short of this threshold in the Wisconsin State Assembly with its 64-35 majority. Republicans would need to control 66 Assembly seats to reach the two-thirds threshold.[1]
| Governor | State Senate | State Assembly |
|---|---|---|
| Tony Evers
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Republican supermajority
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Republican majority
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Opportunities for the Democratic Party in 2024
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 two seats in the state Assembly or gain at least one seat in the state Senate. Reaching either target would prevent the Republican Party from gaining a legislative supermajority.
Opportunities for the Republican Party in 2024
Because Wisconsin does not hold gubernatorial elections in presidential election years, the Republican Party will not have an opportunity to take the governorship until 2026. In 2024, the Republican Party had an opportunity to gain a legislative supermajority. In order to do so, the Republicans must gain at least two seats in the state Assembly and lose no seats 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: Kansas
In the 2018 election, Gov. Laura Kelly (D) defeated then-Secretary of State Kris Kobach (R) by a margin of 5 percentage points. She succeeded Jeff Colyer (R), whom Kobach defeated in the Republican primary. Republicans have held partisan control of the Kansas State Senate since 1916 and the Kansas House of Representatives since 1992. In Kansas, a two-thirds majority of the state legislature is required to override a gubernatorial veto.
The following are some recent examples where the legislature overrode Gov. Kelly's vetoes:
Veto on a bill regarding "abortion reasons"
On April 29, 2024, lawmakers overrode Kelly's veto of House Bill 2749 which requires "medical care facilities and providers to report the reasons for each abortion performed at such facility or by such provider to the secretary of health and environment." [5]
Proponents of the bill said the data would help improve service and keep the Kansas Department of Health and Environment up to date.[6] The governor's veto statements said the bill interferes with medical privacy.[7]
In the House, the override vote was 84-41, with two Republicans voting with Democrats and one Democrat voting with Republicans. In the Senate, the override vote was 27-10, with three not voting. [8]
Veto on a bill regarding an adoption savings account and tax credits
On April 29, 2024, lawmakers overrode Kelly's veto of House Bill 2465 which allows individuals to establish adoption savings accounts with certain financial institutions, provides tax credits for contributions to organizations operating pregnancy centers or residential maternity facilities, and creates a sales tax exemption for purchases made by pregnancy centers or residential maternity facilities.[9]
Proponents of the bill said the resources would help make adoption more affordable and help pregnancy resource centers better stretch their finances.[10] The governor's veto statement said the bill would send taxpayer dollars to entities that are not regulated and are not medical centers.[11]
In the House, the override vote was 85-40, with one Democrat voting with Republicans and one Republican voting with Democrats. In the Senate, the override vote was 29-7, with four not voting. [12]
Case study: Kentucky
Kentucky voters elected Andy Beshear governor in 2019. A simple majority of the state legislature is required to override a gubernatorial veto, and Republicans have held a majority during the entire time that Beshear has served as governor.
The following are some recent examples where the legislature overrode Gov. Beshear's vetoes:
Veto of bill that removes the governor's authority to fill U.S. Senate vacancies
On April 12, 2024, lawmakers overrode Beshear's veto of House Bill 622, which amends Kentucky law "to require the Governor to sign a proclamation for an election to fill a vacancy in the office of United States Senator" and "extend the term of the candidate who wins special election to the remainder of the term."[13] The bill was effective immediately. Before the change, the governor had the authority to fill U.S. Senate vacancies via appointment.
Proponents of the bill said people should get to vote for their United States Senator.[14] In his veto statement, Beshear said his administration deserved the same system of filling vacancies by appointment that had been in place since 1942.[15]
In the House, the override vote was 81-17, with two not voting. Two Democrats voted with Republicans, while one did not vote. In the Senate, the override vote was 29-5, with four not voting. Two Democrats voted with Republicans.[16]
Veto of bill regarding ranked-choice voting
On April 12, 2024, Kentucky lawmakers overrode Beshear's veto of House Bill 44, which prohibits ranked-choice voting[17] In his veto message, Gov. Beshear did not mention the bill's impact on ranked-choice voting, instead focusing on the new requirement for the Cabinet for Health and Family Services to annually supply “lifetime Kentucky death records” to the state board of elections.
The bills primary sponsor said the bill was necessary to clean up voter rolls.[18] Beshear said in his veto statement that the lifetime death records requested cannot be supplied and that existing records are sufficient.[19]
In the Senate, the override vote was 24-8, with six not voting and one Republican voting with Democrats. In the House, the override vote was 79-20, with one Republican voting with Democrats, one Democrat voting with Republicans, and one not voting. [20]
Case study: Vermont
Vermont voters elected Phil Scott governor in 2016. A two-thirds supermajority of the state legislature is required to override a gubernatorial veto, and Democrats have held a majority during the entire time that Scott has served as governor.
The following are some recent examples where the legislature overrode Gov. Scott's vetoes:
Veto on a bill regarding restorative justice
On June 17, 2024, lawmakers overrode Scott's veto of House Bill 645 that expands "approaches to restorative justice." [21]
Speaker of the Vermont House of Representatives Jill Krowinski (D) said the bill was "critical in making sure Vermonters have timely access to justice..."[22] Scott's veto statement said the bill is not funded.[23]
In the House, the override vote was 110-35, with one Republican joining the majority and five not voting. In the Senate, the override vote was 21-8, with one Democrat joining Republicans. [24]
Veto on a bill regarding the state's property tax yields
On June 17, 2024, lawmakers overrode Scott's veto of House Bill 887 which increases the average property tax rate to fund Vermont's public education system. [25]
The Senate President Pro Tem Philip Baruth said raising property taxes could not be avoided.[26] Scott's veto statement said that people would not be able to afford another property tax increase amid other rising costs.[27]
In the House, the override vote was 103-42, with five not voting and four Democrats joining Republicans. In the Senate, the override vote was 22-7 along party lines. [28]
2022 analysis
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—did not maintain 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.
To read more from the 2022 analysis, click here.
See also
- State government trifectas
- Supermajority
- Veto overrides in state legislatures
- Gubernatorial elections, 2024
- State legislative elections, 2024
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 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
- ↑ Kansas State Legislature, "House Bill 2749," accessed June 17, 2024
- ↑ Kansas Reflector", "Kansas Legislature overrides governor on abortion survey bill, abortion coercion legislation, " April 29, 2024
- ↑ Kansas Office of the Governor, "Governor Kelly Vetoes Bills, Allows One to Become Law Without Signature," April 12, 2024
- ↑ Kansas State Legislature, "House Bill 2749," accessed June 17, 2024
- ↑ Kansas State Legislature, "House Bill 2465," accessed June 17, 2024
- ↑ KSNT", "Kansas House overrides multiple veto decisions, " April 29, 2024
- ↑ Kansas Office of the Governor, "Governor Kelly Vetoes Bills, Allows Two to Become Law Without Signature," April 19, 2024
- ↑ Kansas State Legislature, "House Bill 2465," accessed June 17, 2024
- ↑ Kentucky General Assembly, "House Bill 622," accessed April 16, 2024
- ↑ Lexington Herald Leader, "KY House GOP leader: Governor shouldn’t appoint US Senate vacancies," February 21, 2024
- ↑ Commonwealth of Kentucky Office of the Governor, "Veto Message from the Governor of the Commonwealth of Kentucky Regarding House Bill 622 of the 2024 Regular Session," April 9, 2024
- ↑ Commonwealth of Kentucky House of Representatives 2024 Regular Session, "Vote History," accessed April 16, 2024
- ↑ Kentucky General Assembly, "House Bill 44," accessed June 17, 2024.
- ↑ "X", "John Hodgson's tweet on April 5, 2024," accessed June 17, 2024
- ↑ Commonwealth of Kentucky Office of the Governor, "Veto Message from the Governor of the Commonwealth of Kentucky Regarding House Bill 44 of the 2024 Regular Session," accessed June 17, 2024
- ↑ Commonwealth of Kentucky House of Representatives 2024 Regular Session, "Vote History," accessed June 17, 2024
- ↑ Vermont General Assembly, "House Bill 645," accessed June 24, 2024
- ↑ Vermont Biz," "Lawmakers override Scott's veto of property tax 'yield bill'" June 17, 2024
- ↑ Office of Governor Phil Scott," "H.645 Veto Letter," June 4, 2024
- ↑ Vermont General Assembly, "House Bill 645," accessed June 21, 2024
- ↑ Vermont General Assembly, "House Bill 887," accessed June 20, 2024
- ↑ Vermont Digger," "Lawmakers override Gov. Phil Scott’s veto of annual property tax legislation," June 17, 2024
- ↑ Office of Governor Phil Scott," June 6, 2024
- ↑ Vermont General Assembly, "House Bill 887," accessed June 20, 2024
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