State legislature (United States)

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

Composition

Every state except Nebraska has a bicameral legislature, meaning that the legislature consists of two separate legislative chambers or houses. In each case the smaller chamber is called the Senate and is usually referred to as the upper house. This chamber typically, but not always, has the exclusive power to confirm appointments made by the governor and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs the confirmation function.) Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly and three states call it the House of Delegates. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment.

Prior to United States Supreme Court decisions Reynolds v. Sims and Baker v. Carr in the 1960s, the basis of representation in most state legislatures was modeled on that of the U.S. Congress: the state senators represented geographical units while members of the larger chamber represented population. In 1964, the United States Supreme Court announced the one man, one vote standard and invalidated state legislative representation based on geography. (The ruling does not affect the U.S. Senate because that chamber's makeup is prescribed by the U.S. Constitution.)

Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining unicameral (one-chamber) legislature is called the Nebraska Legislature, but its members continue to be called senators.

Duties and influence

Iowa capitol
The Iowa State Capitol building, where the Iowa General Assembly convenes

As a legislative branch of government, a legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the Federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary, though the degree to which this is so varies from one state to the next.

During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor.

Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will then be required to ratify what the convention has proposed. Under Article II, state legislatures choose the manner of appointing the state's presidential electors. Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of Senators by the state's voters.

Lawmaking process

Generally, the legislative bodies and their committees use either Mason's Manual of Legislative Procedure or an amended form thereof.[1] During official meetings, a professional parliamentarian is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias.

Beginnings

The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in the House of Representatives. The order of business in each house provides a proper time for the introduction of bills.

Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting the first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill.

Committees

As with other legislative bodies throughout the world, U. S. state legislatures operate mainly through committees when considering proposed bills. Thus, committee action is probably the most important phase of the legislative process. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from, a standing committee in each house. Reference to committee usually follows the first reading of the bill.

Each committee is set up to consider bills relating to a particular subject.

Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet and consider the bills that have been referred to them to decide if the assigned bills should be reported for further action.

For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body).

Most of the work of the legislature is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house.

Through standing committees, each bill is addressed by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason, the legislature often accepts the final recommendations of its standing committees. As has been noted, however, the legislature does not completely abdicate its responsibility for the consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations.

Post-committee

After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on the calendar for the next legislative day. This second reading is made by title only.

The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house.

Regardless of how a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. It is at this third reading of the bill that the entire legislature gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage.

If the majority vote in favor of the bill, it is recorded as passed.

A bill that is passed in one house is transmitted, along with a formal message, to the other house. If the bill is not reported from committee or is not considered by the full house, the bill is defeated.

The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in the amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee.

A conference committee is often empaneled to discuss the points of difference between the two houses' versions of the same bill, and tries to reach an agreement between them so that the identical bill can be passed by both houses. If an agreement is reached and if both houses adopt the conference committee's report, the bill is passed. If either house refuses to adopt the report of the conference committee, a motion may be made for further conference. If a conference committee is unable to reach an agreement, it may be discharged, and a new conference committee may be appointed. Some highly controversial bills may be referred to several different conference committees. If an agreement is never reached in conference prior to the end of the legislative session, the bill is lost.

When a bill has passed both houses in identical form, it is then ready for transmittal to the governor.

Once a bill reaches the governor, he or she may sign it, which completes its enactment into law. From this point, the bill becomes an act, and remains the law of the state unless repealed by legislative action or overturned by a court decision. If the governor does not approve of the bill, he or she may veto it. In the event of a veto, the governor returns the bill to the house in which it originated with a message explaining his or her objections and suggesting any amendments (if applicable) which might remove those objections. The bill is then reconsidered, and if a simple majority of the members of both houses agrees to the proposed executive amendments, it is returned to the governor, as he or she revised it, for his or her signature.

On the other hand, a simple majority of the members of each house can choose to approve a vetoed bill precisely as the legislature originally passed it, in which case it becomes a law over the governor's veto. This is in contrast to the practice in most states and the federal government, which require a two-thirds majority in both houses to override a governor's veto.

If the governor fails to return a bill to the legislative house in which it originated within a specified number of days after it was presented to him or her, it becomes a law without their signature.

The bills that reach the governor less than a specified number of days before the end of the session may be approved by him or her within ten days after adjournment. The bills not approved within that time do not become law. This is known as a "pocket veto". This is the most conclusive form of veto, for the legislature (having adjourned) has no chance to reconsider the vetoed measure.

Constitutional amendments

Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending the state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, or the people, or both.

Aspects of the career of the state legislator

In most states, a new state legislature convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies. In states where the legislature is considered part-time, a session may last several months; where the legislature is considered full-time, the session may last all year, with periodic breaks for district work.

Currently, there are 7,383 state legislators in the United States. They are usually assisted by staff aides to help prepare and analyze legislation, to review and amend submitted budgets, and to help solve constituents' grievances with the state government.

Many state legislators meet every year at the National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC; New York City; Chicago; Atlanta; and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and at the Legislative Summit of the National Conference of State Legislatures, which is headquartered in Denver, Colorado and has a lobbying office in Washington, D.C. The American Legislative Exchange Council (ALEC), a conservative organization funded by the private sector focusing on state legislatures, also has an annual meeting attracting many legislators.

See also

References

  1. ^ National Conference of State Legislatures

External links

1790 United States Senate election in Delaware

The Delaware United States Senate election for 1790 was held on October 23, 1790. George Read was elected unanimously by the state legislature.

1976 United States Senate election in Virginia

The 1976 United States Senate election in Virginia was held on November 2, 1976. Incumbent Senator Harry F. Byrd Jr. was re-elected to a second term over retired Admiral Elmo Zumwalt and state legislator Martin H. Perper.

Arizona Association of Counties

The Arizona Association of Counties (AACo) was established in 1968 as a member association for all elected officials of Arizona's 15 counties. AACo represents each Arizona county and its elected officials by serving as a liaison to the Arizona State Legislature, United States Congress, other governmental agencies, the media and the public. AACo also sponsors various educational programs and renders professional services for the benefit of its membership and county government.

Political party strength in Alaska

The following table indicates the parties of elected officials in the U.S. state of Alaska:

Governor, including pre-statehood governors, who were appointed by the U.S. president and usually of the same political party; and

Lieutenant GovernorThe table also indicates the historical party composition in the:

Territorial and State Senate

Territorial and State House of Representatives

State delegation to the United States Senate

State delegation to the United States House of Representatives, including non-voting delegates elected pre-statehoodFor years in which a United States presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows:

Alaskan Independence (A)

Democratic (D)

Home Rule (H)

Independent (I)

Independent Democrat (ID)

Independent Republican (IR)

Libertarian (L)

No Party (N)

Progressive (P)

Progressive Democrat (PD)

Progressive Home Rule (PH)

Republican (R)

a tie or coalition within a group of elected officials

Political party strength in California

California is largely a Democratic stronghold and one of the three largest Democratic states in presidential elections alongside New York and Illinois.

The following table indicates the party of elected officials in the U.S. state of California:

Governor

Lieutenant Governor

Attorney General

Secretary of State

Treasurer

Controller

Insurance Commissioner

California Superintendent of Public InstructionThe table also indicates the historical party composition in the:

Board of Equalization

State Senate

State Assembly

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

Note that ties on the Board of Equalization are broken by the vote of the State Controller.

The parties are as follows: American (A), Anti-Monopolist (AM), Constitutional Union (CU), Democratic (D), Independent (I), Nonpartisan (NP), National Union (NU), Progressive (P), Republican (R), Whig (W), and a tie or coalition within a group of elected officials.

Political party strength in Florida

The following tables indicate party affiliation in the U.S. state of Florida for the individual elected offices of:

Governor

Lieutenant Governor

Attorney General

Chief Financial Officer

Commissioner of AgricultureAs well as the following historical offices that were elected from 1889–2003:

Secretary of State

Comptroller

Treasurer/Insurance Commissioner/Fire Marshal

Commissioner of Education (called the Superintendent of Public Instruction before 1969)The table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate (individually)

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes. For the Civil War years, the table indicates the state's delegation to the Confederate Congress, in lieu of the U.S. Congress.

The parties are shaded as follows: Democratic (D), Republican (R), Whig (W), Prohibition (P), and Independent (I) or nonpartisan.

Political party strength in Kansas

The following table indicates the party of elected officials in the U.S. state of Kansas:

Governor

Lieutenant Governor

Secretary of State

Attorney General

State Treasurer

Insurance CommissionerThe table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Democratic (D), Populist (Farm. All./P), Republican (R), and a tie or coalition within a group of elected officials.

Political party strength in Louisiana

The following table indicates the party of elected officials in the U.S. state of Louisiana:

Governor

Lieutenant Governor

Secretary of State

Attorney General

State Treasurer

Auditor (until 1960) / Comptroller (1960–74; not an elected office after 1974)

Commissioner of Agriculture and Forestry

Commissioner of Insurance

Commissioner of Elections (office abolished; in existence 1960–2004)The table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: American Independent (AI), Anti-Jacksonian (Anti-J), Democratic (D), Democratic-Republican (DR), Independent (I), Jackson Democrat (J), National Republican (NR), Republican (R), States' Rights Democratic Party (Dix), Unionist Democrat (UD), Whig (W), and a tie or coalition within a group of elected officials.

Political party strength in Maine

The following table indicates the party of elected officials in the U.S. state of Maine:

GovernorThe table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Democratic (D), Democratic-Republican (DR), Federalist (F), Greenback (GB), Independent (I), National Republican (NR), National Union (NU), Opposition (O), Republican (R), and Whig (W).

Political party strength in Michigan

The tables below indicate the political party affiliation of elected officials in the U.S. State of Michigan from statehood through March 2018.Officials listed include: Governors, Lieutenant Governors, Secretaries of State, Attorneys General and State Treasurers. The tables also indicate the historical party composition in the State Senate, State House of Representatives, the names and party affiliations of Michigan's U.S. Senators, and the party composition of Michigan's delegations to the U.S House of Representatives. For years in which a presidential election was held, the tables show which party's nominees received the State's electoral votes.

The parties are indicated as follows: Democratic (D), Republican (R), and Whig (W), with purple designating a tie between two parties.

Political party strength in Minnesota

The following table indicates the party of elected officials in the U.S. state of Minnesota:

Governor

Lieutenant Governor

Secretary of State

Attorney General

State Auditor

State TreasurerThe table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the United States Senate

State delegation to the United States House of RepresentativesFor years in which a United States presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Nonpartisan conservative (C) Democratic (D), Democratic-Farmer-Labor (DFL), Farmer-Labor (FL), Independence (I), Independent-Republican (IR), Nonpartisan liberal (L), National Union (NU), Populist (Po), Progressive (Pr), Republican (R), and Reform (Ref).

Political party strength in Missouri

The following table indicates the party of elected officials in the U.S. state of Missouri:

The table also indicates the historical party composition in the:

For years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Democratic (D), Democratic-Republican (DR), Liberal Republican (LR), no party (N), National Republican (NR), National Union (NU), Republican (R), Whig (W), and a tie or coalition within a group of elected officials.

Political party strength in New Jersey

The following table indicates the party of elected officials in the U.S. state of New Jersey:

Governor

Lieutenant GovernorThe table also indicates the historical party composition in the:

State Senate

State General Assembly

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Democratic (D), Democratic-Republican (DR), Federalist (F), Independent (I), Jacksonian Democratic (J), no party, unknown, or other (N), National Republican (NR), Opposition (O), Pro-Administration (PA), Republican (R), Whig (W), and a tie or coalition within a group of elected officials.

Political party strength in South Carolina

The following table indicates the parties of elected officials in the U.S. state of South Carolina:

Governor

Lieutenant Governor

Secretary of State

Attorney General

State Treasurer

Comptroller General

Superintendent of Education

Adjutant General (no longer elected after 2014; appointed by governor beginning in 2019)

Commissioner of AgricultureThe table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate

State delegation to the U.S. House of Representatives

Political party strength in Utah

The following table indicates the party of elected officials in the U.S. state of Utah:

Governor

Secretary of State/Lieutenant Governor

Attorney General

State Treasurer

State AuditorThe table also indicates the historical party composition in the:

State Senate

State House of Representatives

State delegation to the U.S. Senate

State delegation to the U.S. House of RepresentativesFor years in which a presidential election was held, the table indicates which party's nominees received the state's electoral votes.

The parties are as follows: Democratic (D), Populist (P), and Republican (R).

Political party strength in Vermont

The following table indicates party affiliation in the State of Vermont:

Governor

Lieutenant Governor

Secretary of State

Attorney General

State Treasurer

State Auditor of AccountsIt also indicates historical composition:

Senate

House of Representatives

State delegation to the United States Senate

State delegation to the United States House of Representatives

Political party strength in Wisconsin

The following tables indicate the historic party affiliation of elected officials in the U.S. state of Wisconsin, including: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Superintendent of Public Instruction. The tables also indicate the historical party composition in the State Senate, State Assembly, the State delegation to the United States Senate, and the State delegation to the United States House of Representatives. For years in which a United States presidential election was held, the tables indicate which party's nominees received the state's electoral votes.

The parties are labeled as follows: Democratic (D), Independent (I), Nonpartisan (NP), Progressive (P), Republican (R), Whig (W), People's Party (PP), Union Labor (UL), Fusion (F), Independent Democrat (ID), Independent Republican (IR), and Independent (I), and a tie or coalition within a group of elected officials.

Political party strength in Wyoming

The following tables indicate the historic party affiliation of elected officials in the U.S. state of Wyoming including: *Governors, Secretaries of State, State Auditors, State Treasurers and Superintendents of Public Instruction. The tables also indicate the historical party composition in the: State Senate, State House of Representatives, State delegation to the United States Senate and State delegation to the United States House of Representatives. For years in which a United States presidential election was held, the tables indicate which party's nominees received the State's electoral votes. Prior to statehood in 1889, there were fewer elected offices, as indicated.

The parties are labeled as follows: Democratic (D), Independent (I), unknown other party (O), Populist (P), Republican (R), and a tie or coalition within a group of elected officials.

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