Welcome to the Wednesday, Aug. 21, 2024 Brew.
By: Ethan Sorell
Here’s what’s in store for you as you start your day:
- Thirty states passed 88 bills decreasing agency power in 2024
- Three candidates are running in Delaware’s Democratic gubernatorial primary
- No new congressional retirements since June
Thirty states passed 88 bills decreasing agency power in 2024
Ballotpedia published the Administrative State 2024 Legislation Report on Aug.16. The report contains analysis of administrative state-related legislation and draws on findings from Ballotpedia’s Administrative State Legislation Tracker. It categorizes administrative state legislation into five categories:
- Legislative – the interplay between agencies and lawmakers and the related reform proposals and legal doctrines;
- Judicial – the interplay between agencies and the courts, including the level of judicial deference given to agency rules;
- Executive – the interplay between agencies and the executive branch;
- The regulated – how agencies relate to the people and organizations subject to their rules, including procedural rights, enforcement, and adjudication;
- and Agencies – the dynamics among agencies and sub-agencies.
The report identifies trends and takeaways on legislation introduced across the five categories and covers all U.S. administrative state-related activity from this year. Let’s take a look at some highlights from the report.
Lawmakers in 44 states considered 583 bills and resolutions that would decrease or increase agency authority and influence or otherwise affect the administrative state.
Thirty-eight states approved 129 of those bills or resolutions (including three through veto overrides and three through ballot measures lawmakers put on their state’s ballot).
- Thirty states passed 88 bills that decreased agency power.
- Eight states passed nine bills that increased agency power.
- Thirty-two bills and resolutions did not clearly increase or decrease agency power.
Partisan breakdown of new laws decreasing agency power:
- Thirteen Republican trifectas passed 44 bills (50%).
- Ten Democratic trifectas passed 20 bills (23%).
- Seven divided governments enacted 24 bills (27%).
The top 10 most active states in reducing agency power are shown in the chart below, shaded by their trifecta status:
Partisan breakdown of new laws increasing agency power:
- Four Democratic trifectas passed four bills (50%).
- Two Republican trifectas passed three bills (25%).
- One divided government passed one bill (14%).
For example, in Delaware–a state with a Democratic trifecta–Senate Bill 161 created new roles and offices in state agencies to implement diversity and fair employment practices. In Michigan, also a Democratic trifecta state, Senate Bill 14 allowed state agencies to implement rules that exceed federal regulations, which had been prohibited.
Administrative agency actions can be understood by the five pillars of the administrative state described above. Some legislation concerns multiple pillars. The chart below shows how many of the bills and resolutions approved in each of the five pillars increased agency power, decreased agency power, or had no clear net effect one way or the other.
Governors vetoed eight bills.
- Six of the bills that were vetoed were in divided governments, one bill in California (a Democratic trifecta) and one bill in New Hampshire (a Republican trifecta). Arizona and Kansas have Republican-controlled legislatures and Democratic governors, and Vermont has a Democratic-controlled legislature and a Republican governor.
- Six of the vetoed bills would have decreased agency authority. Five were vetoed by Democratic governors in Arizona and California. The Arizona measures were REINS-style bills and sunset review bills. One was vetoed in New Hampshire.
- Arizona legislators voted to put the REINS-style proposal on the November ballot following Gov. Katie Hobbs‘ (D) veto.
- Vermont Gov. Phil Scott (R) vetoed one of the bills that would have increased agency authority. Kansas Gov. Laura Kelly (D) vetoed the other bill which did not clearly aim to increase or reduce authority.
Click here to read the full report.
Three candidates running in Delaware’s Democratic gubernatorial primary
Throughout the year, we’re bringing you coverage of the most compelling elections—the battlegrounds we expect to have a meaningful effect on the balance of power in governments or to be particularly competitive. You can catch our previous coverage of other battleground races here.
Today, we’re looking at Delaware’s Democratic gubernatorial primary on Sep. 10 between Bethany Hall-Long (D), Matt Meyer (D), and Collin O’Mara (D).
Hall-Long’s experience and platform
Hall-Long has served as the lieutenant governor since 2017. She previously served in the Delaware House of Representatives from 2002-2008 and the Delaware Senate from 2008-2017. Hall-Long is a professor of nursing and joint faculty in urban affairs at the University of Delaware.
Hall-Long said, “I’m proud of my record of innovative ideas like leveraging public-private partnerships to help students in need through the Basic Needs Closet, creating the Behavioral Health Consortium, and managing Delaware’s robust pandemic recovery, and I’m ready to lead on day one.” Hall-Long said her priorities as governor would include “growing our state’s workforce, implementing universal childcare and early education, supporting sustainable growth and an economy that works for everyone, increasing access to affordable housing, and protecting our environment from climate change and pollution.” Gov. John Carney (D) endorsed Hall-Long.
Meyer’s experience and platform
Meyer studied computer science and political science at Brown University before moving to Kenya, where he created the footwear company Ecosandals. Meyer was a diplomat in Iraq and taught middle school math in Delaware. Meyer has served as a New Castle County executive in 2016.
Meyer is running on his experience as a teacher and county executive. Meyer said, “As the only candidate in this race who has managed a government, we’ve delivered one of the only property tax reductions in Delaware history while also delivering real results for hard-working families. I know we can deliver at the state level, too.” Meyer said he is uniquely qualified to address public education: “We have never, not in over a hundred years, elected a public school teacher to run our state. I have that public school experience…” Meyer released an education plan focusing on public education in the state.
O’Mara’s experience and platform
O’Mara graduated from Dartmouth College and Oxford University before serving as a University Fellow at the Maxwell School of Citizenship and Public Affairs. O’Mara was an adjunct professor of climate change and environmental justice at the University of Delaware. O’Mara was the Secretary of Natural Resources and Environmental Control from 2009-2014 and is currently the chief executive officer of the National Wildlife Federation.
O’Mara described himself as the most progressive candidate, saying, “I’m running for governor to offer an ambitious agenda and provide a progressive alternative on the ballot for Democrats. Being the First State can’t just be our history, it has to be our future.” O’Mara’s priorities include updating the public school funding formula, providing universal pre-K and free school meals, and achieving 100% clean electricity.
Campaign finance totals higher than previous years
Spotlight Delaware’s Karl Baker wrote that the trio’s campaign funds “far surpass past fundraising totals in gubernatorial races at the same stage of the campaign, except those from the 2008 contest—the last time Democrats held a competitive primary for governor.”
No new congressional retirements since June
Throughout the year, we’ve been bringing you updates on the members of Congress who have announced they are not seeking re-election this year. As of Aug. 21, 53 members of Congress—eight senators and 45 representatives—have announced they will not seek re-election. No members of Congress have announced their retirements since our July 15 update. U.S. Rep. Garret Graves (R) was the latest member to make a retirement announcement, doing so on June 14.
However, since our July 15 update, two members of Congress left office early.
- Sen. Bob Menendez Sr. (D) announced on July 23 that he would resign from the U.S. Senate effective Aug. 20. For more on our coverage of Menendez’s resignation, click here.
- Rep. Sheila Jackson Lee (D) died on July 19 from pancreatic cancer. Ballotpedia does not include incumbents leaving office early in our analysis of incumbents not running for re-election.
Congressional retirements by year
In 2018, 55 incumbents retired from Congress. In the two election years following 2018, the total number of retirements decreased to 40 in 2020, then increased to 55 in 2022. An average of 38.68 members retired from Congress each election year between 1930 and 2022.
Congressional retirements by month
Between January 2011 and August 2024, Ballotpedia tracked 354 announcements from U.S. House and Senate members who announced they would not run for re-election. Sixty-seven members of Congress announced they would not seek re-election in January, the highest number of announcements in any month this year.
Let’s take a look at the cumulative announcements by month from 2011-2024 and whether they were made in election years or non-election years.
- Forty-seven congressional incumbents announced they would not seek re-election in January–the highest number of any month. No members announced they would retire in September.
- Forty-one incumbents announced they would not seek re-election in November–the highest number during an off-year. Nine announced they would retire in June–the fewest of any month.
2024 U.S. House retirements
In the House, 45 incumbents are not seeking re-election this year. An average of 33.28 House members retired each year between 1930 and 2022.
Looking at all representatives who are not seeking re-election in 2024:
- 12—three Republicans and nine Democrats—are running for the U.S. Senate.
- Two—one Democrat and one Republican—are running for state attorney general.
- Two—one Democrat and one Republican—are running for governor.
- One Democrat ran for President of the United States.
- 28—12 Democrats and 16 Republicans—are retiring from public office.
When comparing the 45 House retirements to the last three cycles, there were 49 House retirements in 2022, 36 in 2020, and 52 in 2018.
2024 U.S. Senate retirements
On the Senate side, eight incumbents are not seeking re-election this year. Between 1930 and 2022, there was an average of 5.4 Senate retirements each election year.
The eight senators who are not seeking re-election are:
- Sen. Mike Braun (R-Ind.)
- Sen. Laphonza Butler (D-Calif.)
- Sen. Ben Cardin (D-Md.)
- Sen. Tom Carper (D-Del.)
- Sen. Joe Manchin (I-W.Va.)
- Sen. Mitt Romney (R-Utah)
- Sen. Kyrsten Sinema (I-Ariz.)
- Sen. Debbie Stabenow (D-Mich.)
The number of senators not running for re-election this year is higher than the three previous election years. Six senators did not seek re-election in 2022, four didn’t in 2020, and three didn’t in 2018.
