Over the past few years, our divided Congress has been caught in a virtual standstill, with just 2% of proposed legislation becoming law, the fewest in nearly three decades. As important issues remain unaddressed, state legislatures have taken on the task of leading the way on issues such as gun and LGBTQ+ rights and climate change.
With so much legislative action happening at the state level, understanding how many legislatures are controlled by each party is integral for any organization in developing a public affairs strategy.
This article explores the 99 state legislative bodies and 7,386 seats across the country, focusing on how many state legislatures are controlled by each party and how it impacts which laws get passed and why.
The Structure of State Legislatures
State legislatures are typically bicameral, meaning they consist of two chambers: the upper house, often called the Senate, and the lower house, known as the House of Representatives or Assembly. The number of representatives in each chamber varies from state to state, with population size as a key determinant. Larger states have more representatives, mirroring the principle of proportional representation.
Nebraska’s State Legislature - The Exception to the Rule
Nebraska stands as a unique exception with its unicameral legislature. Nebraska's single-chamber legislature, known as the Unicameral, consists of 49 senators who represent various districts across the state.
Why State Legislatures Matter
State legislatures have the primary responsibility for crafting and passing state laws. These laws cover a wide range of issues, including education, health care, criminal justice, infrastructure and more. State laws directly affect the daily lives of residents, making legislatures critical in shaping state policies.
State legislatures also provide a forum for the representation of diverse local interests within a state. By having both urban and rural representation, legislators can advocate for policies that address the unique needs and concerns of different communities.
Additionally, state legislatures have an outsized influence on the following issues:
- Checks and Balances - State legislatures scrutinize, approve or reject proposals put forth by the governor, ensuring a system of checks and balances within the state government.
- Budget Approval - State legislatures have the authority to approve state budgets, determining how public funds are allocated across various programs and services, such as funding for education, healthcare, infrastructure projects and other essential services.
- Electoral Redistricting - Every ten years, state legislatures are responsible for redrawing electoral districts based on the U.S. Census results through a process known as redistricting.
- Policy Innovation and Experimentation - States often serve as laboratories of democracy, experimenting with different policies to address local challenges and serve the specific needs and preferences of their constituents.
- Election Laws and Administration - State legislatures have the authority to establish election laws and procedures within their jurisdictions, such as voting, voter registration, absentee ballots and other aspects that directly impact the democratic process.
- Criminal Justice and Public Safety - Legislatures shape criminal justice policies, including sentencing laws, policing practices and the operation of the criminal justice system.
- Constitutional Amendments - State legislatures have the authority to propose and ratify amendments to their state constitutions, allowing them to adapt to changing circumstances and address evolving societal values.
Who Controls State Legislatures in 2026?
As of Jan. 8, 2026, Republicans control 28 state legislatures, making up 57% of all states (excluding Nebraska, whose senators have no formal party affiliations). Democrats control 18, or 37% of state legislatures across the nation.
The states of Minnesota, Michigan and Pennsylvania remain divided legislatures, meaning that Republicans and Democrats hold an equal number of seats in the state legislatures. On November 6, 2024, the state of Alaska announced that its state legislature would move to a bipartisan coalition, a result of what state lawmakers viewed as a way to avoid divisive social issues.
Of the 98 chambers using a bicameral model, Republicans control 59 chambers to the Democrats’ 39 chambers. Among all 7,386 seats nationwide, Republicans represent 4,086 seats, while Democrats represent 3,210 seats. An additional 27 seats are identified as independent or other, while 63 seats remain vacant.
State Control in State Legislatures
Republicans also come out on top when we consider state control or states having single-party control in the state House, Senate and governorship. Among states with state control, Republicans dominate in 23 states, or 46% of the country. Meanwhile, state control by Democrats makes up 15 states, or 31%.
Eleven states are split on state control by having a member of the minority party serve as governor. These states include:
- Nevada
- Arizona
- Kansas
- Minnesota
- Wisconsin
- Kentucky
- Pennsylvania
- Virginia
- Michigan
- North Carolina
- Vermont
State Houses
Of the 5,413 state House seats in the U.S., 2,966 members are Republicans, while 2,377 state legislators are Democrats. Additionally, 21 state representatives identify as Independents or nonpartisan or are members of a minor party, such as the Vermont Progressive Party and the Independent Party for Maine. A total of 49 state House seats remain vacant.
State Senate
Among the 1,973 state Senators nationwide, 1,120 are members of the Republican party, while 833 are Democrats. Six additional state Senators identify as Independents or, in the case of Vermont, the Vermont Progressive Party. Additionally, 14 state Senate seats remain vacant.
What Are the Most Partisan State Legislatures?
In some states, the difference in partisanship is significant, with Democrats and Republicans holding insurmountable numbers. In these states, a party’s legislative agenda is easier to accomplish given the lack of partisan challenge. Some argue that this level of partisan control also erodes the voters' will in decision-making.
In recent years, the gap in partisanship has grown across state legislatures, causing a deep divide between so-called “blue” and “red” states. About 78% of Americans live in so-called trifecta state governments, where the state legislature and governorship are run by a single party, Republicans having 41.5% of a trifecta state government and Democrats having 36.5%. This trend has effectively rendered minority parties futile in overcoming legislative hurdles. Some criticize this trend for contributing to the increasing divisions we witness across the nation.
The most partisan state legislatures include:
- West Virginia House - 90 Republicans/9 Democrats/1 Vacancy
- Wyoming House - 56 Republicans/6 Democrats
- South Dakota House - 65 Republicans/5 Democrats
- North Dakota House - 83 Republicans/11 Democrats
- Idaho House - 60 Republicans/9 Democrats/1 Vacancy
How Did State Legislatures Change in 2024?
In the 2024 general elections, 44 states held state-wide elections, representing 5,808 state legislative races and 11 governors. Republicans experienced some modest success, picking up 55 seats overall while flipping the Michigan state house to Republican control and holding the contentious Pennsylvania state house. However, with the election of Republican Donald Trump, these Republican gains were expected and a bit below average for the winning party gaining power.
Meanwhile, Democrats lost 54 seats, including losing their trifecta in the state Houses of Michigan and Minnesota, which ended in a tie and required a power-sharing agreement. Democrats were also able to hold the state Senate in Michigan, Minnesota and Pennsylvania, states that were seen as at-risk.
State control by a single party remained the same, with no governorships changing party control.
The midterm elections left three states with divided legislatures, a bit higher than in 2022, which resulted in the fewest number of divided legislatures since 1914. In contrast to the 2022 elections, veto-proof majorities decreased to 28 from 29 states. Democrats lost supermajority status in New York and Vermont, while gaining a supermajority in Connecticut. Republicans lost supermajority status in Montana, Mississippi and North Carolina, while gaining it in Iowa and South Carolina.
State Legislature Changes in 2025
2025 wasn’t a major election year, with just New Jersey and Virginia holding regular state legislative elections. However, many states held special elections, which will bring a new crop of incoming state legislators this year.
Democrats saw the most gains in 2025, possibly serving as a precursor to the 2026 midterm elections. Party control changed in Virginia, as Democrats were able to wrest back control of the governorship with the election of Abigail Spanberger after former Gov. Glenn Youngkin was term-limited from running again, leading to trifecta control for the Democrats. Democrats also retained trifecta control of the New Jersey governor's office with the election of Mikie Sherrill, while picking up seats in both the New Jersey Assembly and the Virginia House.
2025 also held state legislative special elections in 23 states, where Democrats saw more gains. This included Democrats winning state House seats in Georgia, Mississippi and Pennsylvania, along with gaining two state House seats in Iowa, which broke up Republican supermajority status in the state.
Who Will Control State Legislatures in 2026?
As the 2026 midterm elections draw near, it remains to be seen whether we’ll see a change in how many state legislatures are controlled by each party. With 46 states set for state-level elections in November, representing 82% of all legislative seats, we’re sure to see some surprises that may tip the power balance in state legislatures nationwide.
For public affairs professionals, changes in state legislatures can be tracked using public affairs software such as LegiStorm. The LegiStorm platform helps public affairs professionals stay up on staff and leadership changes within state legislatures and Congress, along with the ability to track congressional hearings, press releases, town halls, congressional publications and more.
LegiStorm also provides the latest trends and data on the world of lobbying to allow organizations to devise an effective government relations strategy for the years ahead. If you want to further your cause in 2026, just follow the data.
Sources
- https://www.governing.com/politics/in-2025-states-continued-to-be-more-active-than-congress
- https://www.axios.com/2024/12/30/congress-118th-passed-fewest-laws
- https://www.nytimes.com/2021/08/29/us/state-legislatures-voting-gridlock.html
- https://nebraskalegislature.gov/about/history_unicameral.php
- https://alaskabeacon.com/2024/05/17/how-a-bipartisan-governing-majority-emerged-in-alaska/
- https://apnews.com/article/state-legislatures-supermajorities-extreme-policies-5cff2be330289aa034dce295fa0a3a56
- https://www.bloomberg.com/graphics/2024-opinion-one-party-control-data-dominates-state-politics-disenfranchises-voters/
- https://siepr.stanford.edu/news/roots-legislative-polarization-how-state-elections-are-producing-more-extreme-pipeline
- https://www.ncsl.org/state-legislatures-news/details/2024-state-elections-by-the-numbers
- https://www.governing.com/archive/gov-state-politics-governors-2019.html
