As of March 5, Ballotpedia has tracked four election-related bills in the Wisconsin House of Representatives since the beginning of the year. Of the four, Ballotpedia tracked one from Feb. 27-March 5. Republicans sponsored the bill. The bill is:
WI AB76: Restoration of the right to vote to a person barred from voting as a result of a felony conviction (FE), Assembly Members Elijah Behnke (R), Ty Bodden (R), Cindi Duchow (R), James Edming (R), Rick Gundrum (R), Gae Magnafici (R), David Murphy (R), Jeffrey Mursau (R), William Penterman (R), Nik Rettinger (R), Donna Rozar (R), Shae Sortwell (R), John Spiros (R), Paul Tittl (R), Ron Tusler (R), and Sen. Duey Stroebel (R).
This bill restores the right to vote to a convicted felon who has paid all fines and served the community service associated with the conviction.
During the week of Feb. 27 to March 5, Ballotpedia tracked 69 House election-related bills nationally. As of March 5, Ballotpedia has tracked 946 House bills nationally. Ballotpedia tracked the most House bills this year in the New York State Assembly with 128, while Ballotpedia tracked the fewest House bills in Alabama, Louisiana, Massachusetts, and Pennsylvania with zero. Republicans sponsored 429 of these bills, while Democrats sponsored 388. Third party sponsorship and bills with no sponsors accounted for 67 bills, while bipartisan legislators sponsored 62.
As of March 5, Ballotpedia has tracked 540 House bills in Democratic trifectas and 317 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 89 House bills in states where neither party holds trifecta control.
The Wisconsin House is scheduled to be in session from Jan. 3 to Dec. 31 this year. In 2022, Ballotpedia tracked 45 House bills related to election administration. One of these bills passed both chambers and was enacted into law. Wisconsin is a divided government, meaning neither party holds trifecta control.
As of March 5, Ballotpedia has tracked eight election-related bills in the Florida House of Representatives since the beginning of the year. Of the eight, Ballotpedia tracked four from Feb. 27-March 5. Republicans sponsored three, while Democrats sponsored one. The four bills are:
FL H1249: Limited English-proficient Voter Assistance, Reps. Kristen Arrington (D), Lisa Dunkley (D), Anna Eskamani (D), Johanna Lopez (D), and Katherine Waldron (D).
FL H0731: Local Tax Referenda Requirements, Rep. John Temple (R).
FL H0945: Jupiter Inlet District, Palm Beach County, Rep. John Snyder (R).
FL H1175: Sarasota County, Rep. James Buchanan (R).
During the week of Feb. 27 to March 5, Ballotpedia tracked 69 House election-related bills nationally. As of March 5, Ballotpedia has tracked 946 House bills nationally. Ballotpedia tracked the most House bills this year in the New York State Assembly with 128, while Ballotpedia tracked the fewest House bills in Alabama, Louisiana, Massachusetts, and Pennsylvania with zero. Republicans sponsored 429 of these bills, while Democrats sponsored 388. Third party sponsorship and bills with no sponsors accounted for 67 bills, while bipartisan legislators sponsored 62.
As of March 5, Ballotpedia has tracked 540 House bills in Democratic trifectas and 317 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 89 House bills in states where neither party holds trifecta control.
The Florida House is scheduled to be in session from March 7 to May 5 this year. In 2022, Ballotpedia tracked 13 House bills related to election administration. Zero of these bills passed both chambers. Florida is a Republican trifecta.
As of March 5, Ballotpedia has tracked two election-related bills in the Iowa House of Representatives since the beginning of the year. Of the two, Ballotpedia tracked one from Feb. 27 to March 5. The one bill is:
IA HF470: A bill for an act relating to the conduct of elections, including provisions related to absentee ballots, recounts, and contested gubernatorial elections and impeachments, making penalties applicable, and including effective date provisions. (Formerly HF 356), no sponsors listed.
During the week of Feb. 27 to March 5, Ballotpedia tracked 69 House election-related bills nationally. As of March 5, Ballotpedia has tracked 946 House bills nationally. Ballotpedia tracked the most House bills this year in the New York State Assembly with 128, while Ballotpedia tracked the fewest House bills in Alabama, Louisiana, Massachusetts, and Pennsylvania with zero. Republicans sponsored 429 of these bills, while Democrats sponsored 388. Third party sponsorship and bills with no sponsors accounted for 67 bills, while bipartisan legislators sponsored 62.
As of March 5, Ballotpedia has tracked 540 House bills in Democratic trifectas and 317 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 89 House bills in states where neither party holds trifecta control.
The Iowa House is scheduled to be in session from Jan. 9 to April 28 this year. In 2022, Ballotpedia tracked five House bills related to election administration. Zero of these bills passed both chambers. Iowa is a Republican trifecta.
Special elections to fill vacancies in the Pennsylvania House of Representatives Districts 32, 34, and 35 are scheduled for February 7, 2023. The Allegheny County Democratic Party voted to nominate the District 32 candidate on December 11 and the District 34 and 35 candidates on December 17. The Republican Committee of Allegheny County nominated the Republican candidates on December 17.
In District 32, Joe McAndrew (D) and Clay Walker (R) are running. McAndrew is a former director of the Allegheny Democratic Committee. Walker is a pastor and Army veteran. Incumbent Anthony DeLuca (D) died on October 9, 2022. His name remained on the ballot, and he was re-elected, creating a vacancy on January 3, 2023, when members were sworn in.
In District 34, Abigail Salisbury (D) and Robert Pagane (R) are running. Salisbury is a former law professor who started her own practice. Pagane is a former law enforcement officer. Incumbent Summer Lee (D) won re-election but also won election to represent Pennsylvania’s 12th Congressional District. Lee resigned on December 7, 2022, in preparation for the office change.
In District 35, Matthew Gergely (D) and Don Nevills (R) are running. Gergely serves as the McKeesport chief finance officer, and formerly served as a McKeesport school board member. Nevills owned and operated a tattoo parlor and candy shop. Incumbent Austin Davis (D) won re-election but also won election as lieutenant governor of Pennsylvania. Davis resigned on December 7, 2022, in preparation for the office change.
According to CNAlysis, all three vacant districts voted for President Joe Biden (D) by margins of more than 15 percentage points in 2020.
On November 8, 2022, Democrats won 102 seats to Republicans’ 101. But because three seats that Democrats won became vacant, Republicans had a functional 101-99 seat majority going into the start of the legislative session. Under Pennsylvania law, the majority leader schedules state legislative special elections. In December 2022, Democrat Joanna McClinton scheduled the three special elections for February 7. McClinton said she was sworn in as majority leader on December 7 because Democrats won more districts on Election Day. Republican Bryan Cutler said McClinton’s swearing-in was not legitimate because Democrats did not have a majority and said he was sworn in as majority leader on December 12. House Republicans filed a lawsuit December 9 challenging the timing of the Districts 34 and 35 elections and alleging McClinton did not have the power to schedule the elections.
Both Republicans and Democrats agreed to hold the District 32 election on February 7.
On January 3, 2023, members of the chamber elected Rep. Mark Rozzi (D) as Speaker of the House with a 115-85 vote. On January 5, Rozzi issued orders affirming February 7 as the date for the Districts 34 and 35 elections. The case was pending before the Pennsylvania Commonwealth Court at the time Rozzi issued his orders.
Democrats won control of the Pennsylvania House of Representatives on November 8 for the first time in 12 years. The Associated Press called 102 seats for Democrats and 101 seats for Republicans. The change in party control may affect a package of constitutional amendments passed earlier this year by Republicans in the Pennsylvania General Assembly.
In Pennsylvania, for the state Legislature to refer a constitutional amendment to the ballot, the amendment must receive a simple majority vote in each legislative chamber during two successive sessions.
On July 8, 2022, a package of five constitutional amendments was passed by both the Republican-controlled House and Senate. These amendments are:
An amendment that would allow a political party’s candidate for governor to choose their own candidate for lieutenant governor
An amendment that would say that constitution grants no right to an abortion
An amendment that would require voters to present a voter ID when casting their ballots
An amendment that would provide for the auditing of elections and election results by the Auditor General or, when the Auditor General stands for election, an independent auditor
An amendment that would allow the legislature to pass concurrent resolutions, which the governor cannot veto, to disapprove regulations
The amendments passed by a 28-22 vote in the Senate and a 107-92 vote in the House. In the Senate, 26 Republicans, one Democrat, and one independent passed the legislation, while 20 Democrats and two Republicans opposed the package. In the House, 106 Republicans and one Democrat voted to approve the amendments, while 84 Democrats and 4 Republicans voted against the amendments.
Currently, the Pennsylvania Senate consists of 28 Republicans, 21 Democrats, and one independent; while the House consists of 113 Republicans and 88 Democrats (with two vacant seats). Heading into the 2023 legislative session, the Senate will consist of 28 Republicans and 22 Democrats. Democrats won 102 seats in the House, but two members will be resigning. Rep. Austin Davis was elected lieutenant governor, and Rep. Summer Lee was elected to Congress. In October, Rep. Tony DeLuca died. Until special elections occur for these three seats, Republicans will hold 101 seats and Democrats will hold 99 seats.
When it comes to passing a constitutional amendment through the state legislature, most states (36 of 49) require legislatures to approve the amendments during one legislative session. Thirteen states, however, require the constitutional amendment to pass through two legislative sessions before being put on the ballot, or, in four of those states, that amendment may be passed in one session if the amendment has a supermajority rather than a simple majority of the votes.
The two-session requirement to pass a constitutional amendment through the state legislature decreases the likelihood of the amendment making it on the ballot. Between 2010 and 2022, 66 constitutional amendments were referred to the ballot within the thirteen states that require two legislative sessions or a supermajority. However, 40 other constitutional amendments did not make it through the second session in these states. If each of these states had a single session requirement, there would have been 106 constitutional amendments referred to the ballot during this time period, meaning that 37.7% of these constitutional amendments failed to make the ballot because they failed during the second legislative session.
When there was a change in party control between legislative sessions during this same time period, 79% of the constitutional amendments (11 out of 14) failed in the second legislative session.
In Pennsylvania, between 2010-2022, half of all constitutional amendments failed in the second session. Out of the 14 amendments that passed in the first session, seven passed the second session, while the other seven failed to pass.
Tennessee Rep. Barbara Cooper (D) died on Oct. 25, 2022.
Cooper was first elected to the Tennessee House of Representatives in 1996. According to U.S. News & World Report, she was the oldest serving lawmaker in Tennessee history. Cooper most recently ran for election in 2020, winning with 72.7% of the vote.
If there is a vacancy in the Tennessee General Assembly, there are two ways a vacancy can be filled. When 12 months or more remain in an unfilled term, a special election must be held within the allowable time frame set by law. If fewer than 12 months remain in a term, members of the legislative body in the county that the vacancy occurred must vote on a replacement.
As of Nov. 1, there have been 132 state legislative vacancies in 42 states during 2022. Sixty-two of those vacancies have been filled. Of the 132 vacancies, 68 are Democratic and 62 are Republican. Democrats have filled 36 vacancies, while Republicans have filled 25.
At the end of September 2022, 54.10% of all state legislatures in the United States were Republicans, while 44.32% were Democrats. There are 7,383 state legislative seats in the country.
Republicans controlled 62 chambers, while Democrats held 36. The Alaska House of Representatives is the only chamber organized under a multipartisan, power-sharing coalition.
Democrats held 863 state Senate seats and 2,409 state House seats, losing one Senate seat since last month. Republicans held 1,092 state Senate seats and 2,902 state House seats, gaining two House seats since last month.
Independent or third-party legislators held 40 seats, including 33 state House seats and seven state Senate seats. There were 67 vacant state House seats and 10 vacant state Senate seats.
Compared to September 2021, Democrats have gained two state Senate seats (861 v. 863) and lost 29 state House seats (2,438 v. 2,409). Republicans have gained one state Senate seat (1,091 v. 1,092) and lost 10 state House seats (2,912 v. 2,902).
On July 28, 2022, Alaska Governor Mike Dunleavy (R) signed House Bill 123 (HB 123) into law, which would formally recognize 229 federally recognized American Indian tribes in Alaska. The bill was approved by the state legislature on May 17, 2022, before going to the governor’s desk.
“House Bill 123 codifies in law what Alaskans have long recognized: the important role that Native Tribes play in our past, present, and future,” said Gov. Dunleavy in a statement.
Rep. Tiffany Zulkosky (D-38), who sponsored the bill, called this action long overdue. “While the inherent sovereignty of Alaska Tribes has been consistently affirmed in Federal policy, in rulings by the Supreme Court, and by Executive Order in 2018, the signing of House Bill 123 provides formal recognition in statute for the first time in our State’s history,” she said.
HB 123 adds a section to Alaska state statute that recognizes federally recognized tribes. According to the U.S. Department of the Interior, a federally recognized tribe is “an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.”
Initially, the move for the state to recognize American Indian tribes in Alaska came from a ballot initiative that was intended to be placed on the 2022 ballot. The initiative was filed by Wáahlaal Gíidaak Barbara Blake, Chaa yaa eesh Richard Peterson, and La quen náay Liz on August 11, 2021. The Alaskans for Better Government PAC was registered in support of the measure.
“With a respectful partnership we’ll have more ways to enhance the lives of Alaskans by streamlining services; partnering to amplify federal and state funding for deep, sustainable, and long-term impact; and tapping in to the 10,000 plus years of Indigenous brilliance, diversity, and knowledge of our Native homelands that so many now call home,” the Alaskans for Better Government campaign said, “The basis of any good relationship is respect, and too often when sovereign governments cannot work together our Tribal peoples disproportionately bear the price of injustice, diminishing equity, liberty, and freedoms for all.”
In Alaska, the initiative process for state statutes is indirect. This means that rather than a campaign submitting signatures to put the initiative directly on the ballot the initiative first goes to the state legislature. The state legislature then has a chance to approve or reject the measure. If the state legislature rejects the measure, the measure goes to the ballot for voters to decide. If the state legislature approves the measure, it goes to the governor’s desk for approval.
The Alaskans for Better Government campaign submitted 56,200 signatures on January 13, 2022. Of that total, 47,199 signatures were found to be valid on March 3, 2022. The number of required signatures to send the initiative to the state legislature was 36,140.
In 2021, several legislators introduced House Bill 123, which Alaskans for Better Government described as “functionally identical and… written to serve the same purpose” as the ballot initiative. Instead of considering the initiative, the state legislature approved HB 123 in May.
Since the measure was passed by the state legislature, it will not appear on the ballot but instead will go into effect immediately.
Alaska Federation of Natives President Julie Kitka called this formal recognition a ‘historic step’.
“The cultural survival of our Indigenous people is dependent on our ability to maintain our values, practice our traditions, and maintain freedom to live our lives well with dignity and respect for each other,” she said. “We have strengthened our tribal governments and have initiated multiple efforts to continue our path to self-determination and self-governance. The formal recognition through this legislation is an historic step for us to have a successful relationship with the state.”
Fifty-seven state legislative seats up for election in Vermont this year are open, meaning no incumbents filed to run. This represents 32% of the state’s legislature, a marked increase compared to recent election cycles.
Since no incumbents are present, newcomers are guaranteed to win all open seats.
Vermont restructured its House and Senate during the state’s redistricting process. Previously, the state had 117 state legislative districts containing 180 seats. After redistricting, there are 125 districts, still containing 180 seats.
While the number of open seats increased this year, other competitiveness metrics—like the number of contested primaries—decreased compared to the 2020 election cycle.
Across all districts, there are 24 contested primaries, representing 10% of all possible primaries.
A contested primary is one where there are more candidates running than nominations available, meaning at least one candidate must lose.
There are 17 Democratic primaries, a 23% decrease from 2020. Republicans are holding seven contested primaries, the same number as in 2020.
Overall, 276 major party candidates filed to run for the state’s 150 House and 30 Senate seats this year: 174 Democrats and 102 Republicans.
Vermont has had a divided government since Republicans won the governorship in 2016. Democrats hold a 91-46 majority in the House, with 12 other seats held by minor party or independent officeholders and one vacancy. The party holds a 21-7 majority in the Senate, with two seats held by minor party officeholders.
Vermont’s state legislative primaries are scheduled for Aug. 9, the 12th statewide primary date of the 2022 state legislative election cycle.
There are 25% more contested state legislative primaries this year than in 2020, including 55% more Republican primaries and 8% more top-two/four primaries. Democratic primaries are down 9%.
These figures include elections in 37 states that account for 4,672 of 6,166 state legislative seats up for election this year (76%).
A primary is contested when there are more candidates running than available nominations, meaning at least one candidate must lose.
Since our last update on July 25, we have added post-filing deadline data from Minnesota. Overall, 11 states in this analysis have Democratic trifectas, 19 have Republican trifectas, and seven have divided governments.
Of the 37 states in this analysis, 34 are holding partisan primaries. Three states—California, Nebraska, and Washington—use top-two primaries.
The number of Democratic primaries has increased in 11 states, decreased in 19, and remains the same in three. The number of Republican primaries has increased in 30 states and decreased in four. The table below shows partisan statistics for the three states with the largest increases and decreases so far.
In addition to a state’s political makeup and party activity, redistricting is another reason for an increase in primary competitiveness.
After redistricting, some states—like Arkansas—hold elections for every district, while in other years, fewer districts are up each cycle. This creates more opportunities for primaries to occur. Or, like in West Virginia, redistricting creates new districts and, by extension, more primary opportunities. Currently, the total number of possible primaries affected by these changes is up 1.4% compared to 2020.
For states like New Mexico and South Carolina, where only one chamber is up for election every two years, only those chambers holding elections in 2022 that also held elections in 2020 are included.
Ballotpedia will continue to update these figures as information becomes available. In addition to this analysis, Ballotpedia collects competitiveness statistics at all levels of government, available here. This data is calculated following candidate filing deadlines and readjusted at the time of the primary to account for any changes to candidate lists.
