EL&F magazine article

State Elections Roundup

Here is a snapshot look at the results of the November 2018 state elections. In the face of some significant changes at the state level, and as a number of newly elected officials are sworn in across the country, ELFA is prepared to actively monitor, analyze and influence legislation and regulation that impacts the industry in all 50 states.

Governors
Governorships
  • Pre-election, there were 33 Republican governors, 16 Democratic governors and one Independent governor (AK).
  • As of this writing, in 2019 there will be 27 Republican governors and 23 Democratic governors. 
  • Republicans picked up AK; Democrats picked up IL, KS, ME, MI, NV, NM and WI.
Chambers
  • Pre-election, Republicans controlled 67 legislative chambers and Democrats controlled 32.
  • As of this writing, in 2019 Republicans will control 62 legislative chambers and Democrats will control 37. The only remaining chamber in question is the AK House, where the tiebreaking race was tied and heading to a recount and potentially a coin-flip as of this writing. If the Republican wins, the Republicans will have a majority.  If the Democrat wins, the chamber will be split 20-20.
  • Democratic pickups are: CO Senate, ME Senate, MN House and the NH House and Senate.
Trifectas
  • Pre-election, Republicans had a “trifecta” (control of both the legislative chambers and the governorship) in 26 states, and Democrats had a “trifecta” in eight states. Democrats had only six prior to the 2017 elections, when they picked up NJ and WA (via a special election).
  • Democrats picked up trifectas in CO, IL, ME, NV, NM and NY (NY should come with an asterisk since the Senate was numerically under Democratic control before, but functionally under Republican control).
  • These trifectas present the greatest concerns as they create the possibility for unchecked attacks on business—the decider is often found in the strength of the Democratic leadership in those states.  
  • As of this writing, in 2019 Democrats have trifectas in 14 states: CA, CO, CT, DE, HI, IL, ME, NJ, NM, NY, NV, OR, RI and WA.
  • Republicans have trifectas in 23 states.  

QuestionMark
Which States Pose the Highest Tax Risk?

For an update on 2019 tax risks, see the State Tax Threat Report released by ELFA’s state intelligence  consultants at MultiState Associates, “Which States Pose the Highest Business Tax Risk?” at http://bit.ly/2ByHclu.

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2019