Laws Expanding Executive Agency Authority Outnumber Laws Restricting It
Republican and Democratic trifectas both enacted more bills increasing agency power in 2026
Middleton, Wisconsin--(Newsfile Corp. - August 25, 2026) - States have enacted more laws expanding the authority of administrative agencies than restricting it thus far in 2026, according to Ballotpedia's newly released Administrative State 2026 Legislation Report.
Agencies are responsible for implementing the laws and writing the rules that govern services, products, and aspects of daily life in each state. Most agencies are led by appointed not elected officials, and the amount of authority those agencies have to operate independently of other officials and branches of government varies by state.
Lawmakers in 45 states considered 1,722 bills and resolutions related to agency authority. Of those, 38 states enacted 225, roughly 13% of what was introduced. Among the enacted measures, 101 increased agency control, and 94 decreased it.
In 2025, the balance ran the other way: 144 laws decreased agency authority, and 128 increased it. Overall volume has declined. The 225 laws enacted in 2026 are down from 337 in 2025, though still above the 2024 total, and bills considered fell from 2,038 to 1,722.
Key findings
- 29 states enacted 101 laws that increase agency authority;
- 32 states enacted 94 laws that decrease agency authority;
- 26 bills and resolutions had no clear net effect on agency authority; and
- 4 bills and resolutions both increased and decreased agency authority in different respects.
The shift crossed party lines
- Republican trifecta states, where efforts to rein in the administrative state have been most visible in recent years, enacted 48 laws to increase agency power and 46 to decrease it.
- Democratic trifecta states enacted 39 laws to increase agency authority and 31 to decrease.
- States with divided government were the only category where restrictions on agency authority outnumbered expansions, 17 to 14.
About the report
The report organizes administrative state legislation into five pillars: Legislative, Judicial, Executive, The Public, and Agencies, each examining how new laws affect the balance of power among agencies, the other branches of government, the courts, and the public. Topics include agency structure, permitting, sunrise and sunset reviews, judicial deference, rulemaking, and REINS-style requirements.
Read the full report here. The underlying data is available through Ballotpedia's Administrative State Legislation Tracker, which follows bills affecting agency authority across all 50 states.
About Ballotpedia Legislation Trackers
Ballotpedia's legislation trackers provide a free, centralized hub (no login or sign-up required) that makes it easy to stay on top of legislation and legislative reforms across all 50 states. Founded on Ballotpedia's hallmark principle of being neutral on the issues, but passionate about the facts, our legislation trackers are updated in real time and designed to be easily searchable. Used as a go-to resource by voters, reporters, researchers, academics, and activists, they capture any bill introduced on the given topic across all 50 state legislatures and track bill movement every step of the way.
About Ballotpedia
Ballotpedia, the encyclopedia of American politics, is the nation's most trusted source of unbiased information on politics, elections, and policy. And as voters increasingly turn to search engines and AI to learn who and what is on their ballot, those tools cite it most. Founded in 2007, Ballotpedia has grown from a small group of volunteers into an essential resource for voters, media, and researchers. A nonprofit dedicated to an educated, engaged electorate and a strong, healthy democracy, Ballotpedia's content is researched, written, and verified by professional editorial staff, and now offers free access to 700,000+ articles at Ballotpedia.org.
Contact: Carley Allensworth
Public Relations Manager
[email protected]
U.S. (618) 553-1830
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To view the source version of this press release, please visit https://www.newsfilecorp.com/release/311359
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