Neha Patel and Jessie Ulibarri: The Underrated Power of State Legislatures Amid Rising Fascism
By Neha Patel and the Honorable Jessie Ulibarri
Donald Trump has just been inaugurated for a second term. While pundits endlessly debate what his presidency means for human rights and American democracy, it’s crucial to focus on the potential and power of state legislatures.
During Trump’s first term, state legislators were at the frontlines, countering policies that harmed Muslim and immigrant communities, dismantled abortion rights, and deepened divisions. They enacted state-level policies and mobilized resources to mitigate these harms. Today, they continue this work, actively resisting Project 2025 policies already being tested by extremist groups. While this defensive work is essential, we can’t stop there.
What many people have missed in their post-election analysis is that while Trump secured the presidency with electoral votes, he actually failed to gain over 50% of the popular vote, securing just 49.8%. Billionaire-funded dark money and reduced investments in Black, Indigenous, and people of color organizing efforts fueled his victory. While the radical right echo chamber declared his victory as a landslide that carries a public mandate for a radical overhaul, it is neither factually true nor practical as we consider the immediate steps we must take to safeguard our democracy. This is known as “the second big lie” that Trump has claimed about the voters of our nation.
At the same time, state legislatures did not drastically change during this cycle, with Republicans netting 51 seats across the nation. On average, we see a change of 78 seats during presidential years, and higher partisan changes during midterms, so this year represents a unique low point in terms of political party transitions. The modest gains by Republicans helped to break Democratic trifectas in Minnesota and Michigan, although those states now face divided government that will create effective backstops against extreme and regressive measures.
While it is convenient to flatten the political landscape only in relation to the federal election, it masks the important state opportunities and challenges we must be prepared for in the months ahead. The simple truth is that the country remains deeply divided between two competing visions of America, although most Americans agree that their quality of life and their economic position have deteriorated during their lifetime. We must understand and address this discontent.
State governance provides the clearest path to progressive reforms, even amidst division. The organization we lead, State Innovation Exchange or SiX, has long recognized that defeating authoritarianism requires strategic adjustments. Beginning in 2021, we analyzed growing authoritarian threats and learned from global movements. In response to hostile legislatures, threats against public officials, and disinformation campaigns, we’ve equipped state legislators to successfully defend communities and pursue proactive measures.
We’ve supported the introduction of forward-looking policies advancing democracy, food security, wealth taxes, reproductive rights, and care infrastructure. Our success comes from balancing urgent defensive battles with long-term visions for a just and inclusive future.
Federal leaders could learn from this approach. Authoritarians thrive when their opposition remains solely defensive, trapped in preserving the status quo. Progress requires building and fighting for a vision of governance where people experience meaningful agency and improvements in their daily lives. State legislators have proven this can be done across red, blue, and purple states alike.
Collaborative governance is a powerful antidote to the erosion of democracy. Good policy ideas falter without grassroots power to sustain their creation, passage, and implementation. That’s why SiX helps directly impacted communities—such as tribal nations, farmers, abortion care providers, and workers—engage deeply with the legislative process. This fosters trust in government, as these communities witness tangible improvements in their lives through public action.
As we prepare for the challenges of a second Trump presidency, the importance of state legislatures cannot be overstated. SiX’s decade of work has taught us that state lawmakers are pivotal allies in the fight for democracy and justice. They are underestimated by the progressive movement—but time and again, they have risen to meet the moment. By investing in state-level power, we can chart a path forward, defying the tide of authoritarianism and building a government truly reflective of and responsive to its people.
Neha Patel and the Honorable Jessie Ulibarri are the co-executive directors of State Innovation Exchange.
