Policy Area

The increase in the level of two-party competition, particularly in the Southern states, has produced many parties which are cohesive and disciplined to capture public office and govern once that office has been attained. More parties are using preprimary endorsements to control nominations. They have become multimillion dollar organizations and contribute to their state candidates and rival the national parties in fundraising capability. Governors and their legislative parties are governing more effectively.

Lawmakers on Capitol Hill have been stalemated in their attempts to reauthorize the nation’s welfare bill. The stalemate between the House (following the administration’s lead) and the Senate over work requirements, childcare dollars and superwaivers has left the original welfare bill unchanged through several “continuing resolutions.” In the meantime, states’ welfare programs have weathered an economic downturn. While nationwide caseloads continued to decline, some states experienced significant increases in their caseloads. While all states funded a broad array of services as well as basic assistance through their welfare programs, there was considerable variation in funding emphasis. States’ flexibility could be curtailed in the future, however, if reauthorization proceeds along the lines proposed.

Before launching into the analysis of the 2004 state legislative elections, it is instructive to go back two years to the last major legislative elections. The year 2002 was a banner year for the Republican Party in legislatures; they seized eight legislative chambers and claimed bragging rights by taking the majority of legislative seats nationwide for the first time in 50 years.

During 2004, alarms sounded in many states both because of the conduct of the 2004 judicial elections and where improving state finances did not translate into adequate funding for the courts. The losers are the members of the public and businesses with disputes for which they cannot obtain resolution.

Probation and parole play an essential and critical role in the administration of both criminal and juvenile justice. They supervise the vast majority of offenders, and their caseloads continue to grow. In response to the pressures of increased workload, static or declining budgets, and limited public and political support, six strategic trends have emerged. These trends characterize the efforts of probation and parole to meet their mandates and improve their effectiveness.

The following is a summary of the research conducted over the past three years by Joint Project on Term Limits. The project is a cooperative effort by the National Conference of State Legislatures, the Council of State Governments, the State Legislative Leaders Foundation and a group of legislative scholars.

Judicial elections in 2004 were in the spotlight again, mostly for the wrong reasons. Many campaigns were costly and negative in tone. A few candidates signaled how they would decide types of cases. Positive developments include new and active campaign oversight committees, and public funding for appellate candidates in North Carolina.

State transportation departments that supply roads, bridges and transit face tough challenges. With the U.S. population projected to grow steadily, increasing vehicle miles traveled, and booming freight traffic, officials are squeezing efficiency from current funds even as they seek more. In coming years, it will be important to build a case for the value of transportation with the public and explore a variety of construction and financing approaches.

Whereas the redistricting round of the 1990s can be described as the round of racial and ethnic predominance, the 2000 round showed a growing emergence of partisanship as the predominant pattern of conflict. The experience of state legislatures in the latest round should provide an overall pattern for state legislative redistricting agencies to weather the terrain and successfully create plans in the future. The future political and legal terrain will continue to be complex and multifaceted.

States are recovering from the recent fiscal crisis, but many will need to cut spending further or increase taxes to bring spending and revenue into line. In addition, states must confront fiscal pressures in Medicaid, elementary and secondary education, and other areas, and will face risks from actions to reduce the federal budget deficit.