Legislative Pushback: Post-Election Actions Challenge Voter Decisions

The Rev. Rob Stephens with the NC Poor People's Campaign speaks at a news conference outside the North Carolina Legislative Building in Raleigh, N.C. on Monday, Dec. 2, 2024. (AP Photo/Gary D. Roberts

Following the November 5 election, lawmakers in various states have taken steps to alter or nullify certain results, sparking concerns about the democratic process. In North Carolina, despite voters ending the Republican supermajority and electing Democrats to statewide offices, Republican lawmakers in a lame-duck session pushed through changes to undercut the incoming Democratic governor's authority. These changes include stripping the governor's power to appoint members to the state elections board and limiting the attorney general's legal positions.

In Missouri, after voters approved enshrining abortion rights in the state constitution, a Republican state senator introduced a new constitutional amendment to restrict abortion except in cases of medical emergency. Similarly, in Massachusetts, where voters supported giving the state auditor the authority to audit the Legislature, Democrats are attempting to dilute the measure, citing concerns about separation of powers.

Ohio is considering legislation that could significantly modify a voter-approved initiative legalizing recreational marijuana use, while in Texas, Republican officials have challenged city measures decriminalizing marijuana. In Tennessee, the Republican-led Legislature has clashed with local policies in Memphis and Nashville, overriding voter-approved initiatives such as ranked-choice voting and community oversight boards.

Missouri Republican senator introduces amendment to restrict abortion despite voter approval of abortion rights.

North Carolina Republicans limit incoming Democratic governor's authority post-election.

Massachusetts Democrats seek to dilute voter-supported measure granting state auditor auditing authority.

Ohio considers modifying voter-approved recreational marijuana initiative.

Legislative pushback against voter-approved measures is not unique to these states. In Utah, the Supreme Court ruled against lawmakers who curtailed a citizen-led redistricting commission established by voters. In Washington, D.C., the council repealed a voter-approved minimum wage increase for tipped workers.

The actions taken by some legislatures post-election have raised concerns about the integrity of the democratic process. Critics view these moves as undemocratic power grabs that undermine the will of the voters. Activists stress the importance of ongoing engagement beyond Election Day to ensure that attempts to disregard or reverse voter decisions are met with public scrutiny and accountability.