Welcome to the Wednesday, May 14, Brew.
By: Briana Ryan
Here’s what’s in store for you as you start your day:
- State legislatures have passed 17,160 bills so far this year
- North Dakota Legislature votes not to override governor’s veto of universal school choice bill
- This week’s On the Ballot features our comprehensive ballot measure coverage in Oregon
State legislatures have passed 17,160 bills so far this year
In the April 30 Daily Brew, we discussed the five bills and resolutions Congress passed, which President Donald Trump (R) signed into law this year. Well, at the state level, an entirely different picture is developing.
That’s because state legislatures have enacted 17,160 bills so far this year. The Tennessee General Assembly has enacted the most bills of any legislature, at 2,189. Meanwhile, the Massachusetts General Court has enacted the fewest bills, at two.
By May of 2024, states had enacted 12,375 bills. From 2011 to 2024, states enacted the most bills in 2019, at 22,880. Legislatures have consistently enacted more bills in odd years, largely due to legislative calendars and fewer legislative elections.
Looking at the states by trifecta status, states with Republican trifectas have enacted the most legislation this year. Those states have enacted 9,975 (58.1%) bills, compared to 4,404 (25.7%) bills with Democratic trifectas. States with divided governments have enacted 2,781 (16.2%). Currently, there are 23 states with Republican trifectas, 15 states with Democratic trifectas, and 12 states with divided governments.
From 2011 to 2024, states with Democratic trifectas enacted 26.2% of all bills, states with Republican trifectas enacted 50.7%, and states with divided governments enacted 23.1%. During that time, an average of 12 states had Democratic trifectas, 23 states had Republican trifectas, and 15 states had divided governments.
A majority (55.2%) of enacted bills in states with a Republican trifecta had Republican sponsorship. In comparison, legislation with Democratic sponsorship (50.8%) made up most new laws in states with Democratic trifectas.
So far this year, there have been 6,030 bills with Democratic sponsorship and 9,186 bills with Republican sponsorship. There have been 5,476 bills with bipartisan sponsorship.
Governors in 17 states have vetoed 363 bills this year. Virginia Gov. Glenn Youngkin (R) has vetoed 195 bills, the most of any governor this year. Alaska, Arkansas, and Wisconsin governors have vetoed the fewest bills, with one each.
The Kansas Legislature is the only legislature to have overridden gubernatorial vetoes this year, doing so 14 times. Kansas and Kentucky are the only states where one party has a veto-proof majority in the legislature and the other party controls the governorship. In both states, Republicans have a veto-proof majority in the legislature while a Democrat is governor.
Currently, there are 28 legislatures where one party has a veto-proof majority in both chambers. The vote margins required to override a veto vary by state.
All 50 states have held—or will hold—legislative sessions this year. Sixteen states have already adjourned their legislative sessions, and 32 are currently in session. Louisiana has not yet convened its legislative session, while Maine is holding a special session.
Click here for more information on legislative sessions.
North Dakota Legislature votes not to override governor’s veto of universal school choice bill
On April 25, the North Dakota House of Representatives voted 48-45 not to override Gov. Kelly Armstrong’s (R) veto of the universal school choice bill House Bill 1540 (HB 1540). Eleven Democrats joined 37 Republicans in voting not to override the veto, while all 45 votes supporting overriding the veto came from Republicans.
The House previously passed the bill 49-43. All votes supporting HB 1540 came from Republicans, while 11 Democrats joined 32 Republicans in opposing it. The North Dakota Senate passed the bill 27-20. All votes supporting HB 1540 came from Republicans, while five Democrats joined 15 Republicans in opposing it. Armstrong vetoed the bill on April 23.
In his veto message, Armstrong wrote, “Our administration strongly supports expanding school choice to better meet students’ individual education needs and foster competition within the K-12 system to drive innovation and improve student outcomes. […] In its final form, HB1540 fails to deliver the school choice that North Dakota needs, especially in rural areas where nonpublic school options are few and far between.”
House Majority Leader Rep. Mike Lefor (R), who supported the bill, said, “Beyond academics, House Bill 1540 ensures equality. Parents know their children best. It’s not the government, but families who should have the final say in their children’s education.”
North Dakota has a Republican trifecta, meaning Republicans control both legislative chambers and the governorship. Republicans also have a veto-proof majority. In North Dakota, a party needs a two-thirds majority or more in both chambers to override a veto.
HB 1540 would have created education savings accounts (ESAs) for K-12 students not enrolled in public school or a homeschool program. ESA programs provide public funding for eligible students’ families to use on approved educational alternatives to assigned public schools. HB 1540 would have also allowed families to use the funds to pay for private school tuition.
Armstrong said another school choice bill, Senate Bill 2400 (SB 2400), was a better alternative. SB 2400 would have allowed ESA money to be used for homeschool costs, education costs for public school students, and private school tuition. On April 24, the House defeated the bill, 78-14.
Seventeen states have universal private school choice programs. These programs provide public funds for alternatives to public schools, such as private schools and homeschooling, and are designed for all students to qualify. Fourteen of these states have Republican trifectas, and three have divided governments.
As part of our portal on the effect of private school choice on rural school districts and communities, we broke down the legislative votes on HB 1540 according to party and whether each legislator represents any rural school districts.
House Republicans representing rural school districts were less supportive of HB1540 than House Republicans representing urban/suburban areas without any rural school districts. All House Democrats—regardless of whether they represented rural school districts—opposed the bill.
Senate Republicans representing rural school districts were less supportive of HB1540 than Senate Republicans representing urban/suburban areas without any rural school districts. All Senate Democrats—regardless of whether they represented rural school districts—opposed the bill.
Visit our page detailing the analysis of votes on HB 1540 in North Dakota to see how all legislators voted and whether they represent a rural or urban/suburban area.
This week’s On the Ballot features our comprehensive ballot measure coverage in Oregon
In this week’s new episode of On The Ballot, host Geoff Pallay and Ballotpedia’s Ryan Byrne discuss Ballotpedia’s Historical Ballot Measures Factbook and its nearly 124 years of comprehensive ballot measure coverage in Oregon.
As mentioned in earlier editions of the Daily Brew, our Factbooks will document nearly 200 years of direct democracy in the United States. This ongoing research effort will provide an unparalleled resource for researchers, reporters, and the public on how ballot measures have evolved, the issues they have covered, and their role in our civic life.
Since 1900, Oregon has seen more statewide ballot measures than almost any other state. From decriminalizing drugs and legalizing psilocybin to passing one of the country’s strictest gun control laws, Oregon’s direct democracy system has helped shape the national conversation. Today, we’re taking a step back to explore what all that history can tell us about voters, democracy, and how change happens at the ballot box.
To listen to this episode and more, click here. Also, don’t forget to subscribe to On the Ballot on YouTube or your preferred podcast app.