Weeks into 2024 Legislative Session, Abusive Preemption Again Emerges as Threat to Democracy
State lawmakers last year undermined democracy with abusive preemption measures that eradicated local authority like never before, taking power directly out of the hands of voters and their local elected officials. Local Solutions Support Center (LSSC), a hub that works to counter abusive preemption, tracked legislative trends such as bills designed to undermine abortion access in municipalities, ban discussion of LGBTQ+ people in public schools and the participation of transgender kids in sports, and remove from office popularly elected (and often re-elected) reform-minded prosecutors.
The most concerning trend of all was the advancement of “Death Star 2.0” legislation in Texas - designed specifically to restrict the ability of local officials to pass policies that protect the health, safety, and freedom of local constituents across a huge array of issues. The Texas measure - which was found unconstitutional by a district court judge but remains in effect pending appeal from the state - allows for costly, taxpayer-funded litigation against a universe of local policies that a corporate actor or others may not like.
LSSC is tracking abusive preemption bills all across the country this year, and we’re seeing many of the same concerning trends as we did in 2023. State lawmakers are, once again, seeking to undermine local democracy and take power away from people and communities with preemption bills that weaken our democracy and the ability of everyone to participate in it. Here are a few states, initiatives, and bills to have on your radar in the days ahead:
Attacks on Abortion Access
Since the 2022 Dobbs ruling, voters have overwhelmingly backed abortion rights-related ballot initiatives in states across the country – including in red states like Kansas, Kentucky, and Ohio. Some state lawmakers are responding with a page out of the preemption playbook – and changing the rules of the game when they don’t like the will of the voters. Lawmakers in Mississippi are working to undermine the ballot initiative process, eliminating the ability of voters to put pro-abortion measures on the ballot (along with a host of other issues); while the Associated Press reports that lawmakers in Missouri are exploring similar ways to restrict ballot access for abortion rights supporters.
Attacks on Local Elected officials
State lawmakers in Tennessee are advancing HB 2716/SB 2634 - legislation that is a direct response to State Representatives Justin Jones and Justin Pearson winning back their seats in the legislature. The two were expelled last year - on a party-line vote - after they protested in favor of more gun control in the wake of a deadly Nashville school shooting. Jones’ and Pearson’s constituents overwhelmingly voted to return them to their seats in special elections; but the legislation under consideration now would ban local governments from returning to office lawmakers removed for so-called “disorderly behavior.”
Preemption of Local Bans on Flavored Tobacco Products
In Ohio, local officials in Columbus are suing state lawmakers after the legislature preempted localities from banning flavored tobacco products in an effort to protect the health and well-being of local residents. The state’s preemption law came shortly after Columbus passed the ban - a local measure which went into effect on January 1 of this year, but which will be voided once the state preemption law kicks in on April 1. Governor Mike DeWine vetoed the original preemption legislation, but lawmakers in the statehouse overrode his veto. Axios reports that other municipalities across Ohio, such as Worthington, Bexley, and Grandview Heights, have similar flavored tobacco bans on the books and may join Columbus in pushing back against the state’s abusive preemption measure.
LSSC will be tracking abusive preemption activity all across the country in the months ahead. Stay tuned!