Last week, we touched on the three levels of government at the federal level: Executive, Legislative, and Judicial. This week, we’ll discuss government at the state level, including the governorship, the State Assembly and Senate, and how their positions relate to community involvement.
The State Legislature – Trials and Trifectas
All fifty states have a level of state government, as well as separate constitutions, and their own domains of power that separate them from the federal level. Forty-nine states have a bicameral legislature, meaning it contains a large lower chamber and a smaller upper chamber, akin to the U.S. House and Senate. Only Nebraska has a unicameral legislature, which is technically nonpartisan.
When one party controls the governorship and both chambers of state government, it’s called a trifecta. When a state’s highest court is controlled by the corresponding ideology of the state government leaders, as judicial races are typically nonpartisan, it’s called a trifecta plus. When a trifecta is formed and a party has supermajorities in both chambers, typically defined as at least 60% or two-thirds of available seats, it’s called a trifecta with a supermajority.
There are currently forty trifectas in the country, more than at any point from 1992 to 2022; the GOP has twenty-three and the Democrats have seventeen. Eight states currently have one party in control of both chambers and a governor of a differing party. In Pennsylvania, Republicans control the Senate while Democrats control the House and governorship. Alaska has a Republican governor, but both chambers are split between a coalition of Democrats, Republicans, and Independents.
Utah is the only state to remain a trifecta from 1992 to 2024, with the GOP holding that title.
The state legislature functions similarly to that of the U.S. Congress, with the majority party gaining leadership positions in both chambers as well as all committees. Top members of committees in the minority party are called Ranking Members. Legislation is submitted to respective committees for deliberation. The committees then vote on whether or not to advance it to the floor of their chamber for a full debate and vote. Legislation that passes both chambers then heads to the governor’s desk for signature.
Since Democrats enjoy supermajorities in both chambers, both have powers to override Governor Kathy Hochul’s (D) vetoes. New York is one of many states that requires a two-thirds majority vote in either chamber to override a gubernatorial veto. Six states require simple majorities, seven require three-fifths majorities, and Alaska requires a combined two-thirds vote of both chambers.
Between 2010 and 2020, New York saw 6.4% of vetoes overridden by the state legislature; 67 overrides for 1,049 vetoes in that period.
Although most states are governed by supermajorities in their legislatures, only nine states have Democratic veto-proof majorities, while twenty states have GOP veto-proof majorities.
In New York, Democrats currently have a trifecta with a supermajority. Governor Hochul was elected to a full term in 2022, while Democrats control the Assembly with 102 seats to the GOP’s 48, a supermajority, and the State Senate with 42 seats to the GOP’s 21, also a supermajority.
Democrats have controlled the Assembly since 1975, mostly with large margins. Republicans flipped five seats in 2022, including the Fourth District (Port Jefferson, Setauket, Stony Brook) with Ed Flood (R-Port Jefferson Station).
Republicans controlled the Senate almost exclusively since 1939, with Democrats winning control just once since then, with the exception of the 2009 State Senate leadership crisis, in which two Democrats chose to caucus with the GOP. The defection left the Senate in a deadlock, and with Governor Elliot Spitzer’s (D) resignation and the Lieutenant Governor position vacant, there was no way to break ties.
Democrats won control of the chamber outright in 2018 by flipping eight seats and flipped three more in 2020 to gain a supermajority. The GOP made a net gain of just one seat in 2022.
Suffolk’s delegation in the Assembly includes twelve seats. In our tri-Town coverage area, the members include Fred Thiele (D-Sag Harbor), Jodi Giglio (R-Baiting Hollow), Joe DeStefano (R-Medford), Ed Flood (R-Port Jefferson Station), Doug Smith (R-Holbrook), Phil Ramos (D-Brentwood), Jarett Gandolfo (R-Sayville), Mike Fitzpatrick (R-St. James), Mike Durso (R-Massapequa Park), and Keith Brown (R-Northport).
The Suffolk delegation to the Senate includes just five seats, represented by Anthony Palumbo (R-New Suffolk), Mario Mattera (R-St. James), Dean Murray (R-East Patchogue), Monica Martinez (D-Brentwood), and Alexis Weik (R-Sayville).
Senate and Assembly district lines are redrawn every decade pursuant to the Census results, with rules and regulations similar to that of U.S. House redistricting.
The Governorship – A Unique Position Relative to the Nation
New York is one of eleven states plus Puerto Rico and the District of Columbia that do not impose term limits on its governors (or position equivalent). Governors serve four-year terms. Term limits are also not imposed on state legislators of either chamber. Only nine states and one territory impose lifetime term limits after two terms have been served. Almost half the states, plus three territories, governors are re-eligible to serve two four-year terms after a four year hiatus.
The governor is responsible for charting a course for the state, attracting commerce, residents, and tourism, as well as addressing the legislature on the annual state of the State and working with all levels of government, up to the federal level, and down to the County and Town level.
The Governor of New York sees an immense amount of power that governors of other states do not typically enjoy: crafting a budget.
In other states, the legislature is tasked with creating a budget as it relates to fiscal means, expenditures, task forces, addressing certain problems/crises, and strengthening or revitalizing communities of interest within their districts. The budget then goes to the governor, where he or she can approve, veto, or line-item veto (pick and choose which measures are omitted) the budget.
In New York, however, the process is essentially reversed and more prerogatives are added. The Governor starts the yearly budget-making process by submitting his or her master plan to the legislature. This does not just include concerns of fiscal matters, but the Governor can add policy into the budget as well. The legislature then picks apart the spending plan and begins the fierce debates over which items remain and which items that they feel the Governor has not prioritized or adequately addressed.
Because of this, New York is no stranger to delayed budgets. With a working deadline of April 1, budgets in recent years have blown past the deadline as late as August. Last year’s budget was not resolved until early May, and this year’s budget appears to be on the same track.
The Governor and legislature will debate articles of the budget and might have to give in on certain policy positions in order to pass the budget and fund the government. While no budget is passed, State employees, including legislators, do not receive paychecks. Budget extenders are often passed to ensure State employees, often not including the legislators, are paid.
How State Government Affects Local Life
The State government is charged with affairs immediately under their purview, including, but not limited to: parks, recreation, programs, litigation, environmental and water quality, preservation, education, road maintenance, and administering certain grants either from the State or federal level. All of these categories, and many more, can also be accomplished by respective departments on the County or Town levels, or initiatives can be cooperative efforts across multiple forms of government.
A key example is road maintenance. County Routes are marked by the blue shield with yellow markings; these are maintained by Suffolk County. Some notable examples include Nicolls Highway (CR-97), Ocean-Rosevale Avenue in Ronkonkoma (CR-93), and Suffolk Avenue (CR-100) in Brentwood-Central Islip. For problems or suggestions regarding these roads, contact the County Department of Public Works (DPW) or your Suffolk County Legislator.
State routes are maintained by the State. These are marked by white shields on a black background with black numbers. Examples include Veterans Memorial Highway (NY 454) from Commack to Bayport, Smithtown Bypass NY (347) from Commack to Mt. Sinai, Middle Country Road (NY 25), which runs from Second Avenue in Manhattan to Orient Point in Southold, and Sunrise Highway (NY 27), which runs from Greenwood Heights to Montauk. NY 25 is the only State route on Long Island to leave the geographic boundaries of the Island, and one of just two State routes in Manhattan. For problems or suggestions regarding these roads, contact your state Assemblymember or Senator.
State officials have been mulling over a plan with County officials to create an overpass at the junction of NY 347 and CR-97 in Stony Brook. Ongoing restoration to NY 347 in Lake Grove is administered by the state. Contact Senator Dean Murray for questions regarding that stretch of the project.
These are simple, yet effective, examples of how to delineate one form of government from the other. Keep in mind also that despite most of Suffolk’s delegation to Albany being in the majority, they can still provide valuable input on issues as general legislators or Ranking Members on committees. Assemblyman Smith, a former school teacher, serves as the Ranking Member of the Education Committee. Assemblyman Gandolfo recently submitted a bill to end New York’s “sanctuary state” and NYC’s “sanctuary city” statuses. Senator Mattera submitted a bill to the Telecommunications and Energy Committee to direct the “public service commission to evaluate hydrogen, sewage thermal energy, and nuclear small modular reactors as renewable energy sources and report the results of such evaluation to the governor and the legislature.”
Ultimately, it is the Governor’s job to oversee safety, prosperity, and growth in New York. It is the legislature’s job to conduct constituent service, poll and garner public input, deliver that input to their committees and legislation, and act on behalf of that engagement. It is also the job of the legislature to ensure that state and federal funds can flow directly into their districts, for road maintenance, deer control programs, or establishing open space or State parks. The legislators are also tasked with directing constituents to the proper level of government or department as it pertains to an inquiry.
Finally, the legislature has the prerogative of maintaining checks on each other and the governor. As it pertains to rules, ethics, and chamber management, legislators, namely the committees on Rules and Ethics, are tasked with receiving letters of concern and investigating and reporting their findings as necessary.
New York is a behemoth of a state to direct, now more than ever. Contact your State representatives by visiting https://nyassembly.gov/mem/search/ to find your Assemblymember and https://www.nysenate.gov/find-my-senator to find your Senator.