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How the 2026 midterm elections may shape state tax policy

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Governor races, legislative elections and ballot measures could spur tax changes
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August 11, 2026
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Executive summary

While significant attention will focus on which party controls Congress during the final two years of President Donald Trump’s second term, the 2026 elections will also significantly influence state and local tax policy. More than 70% of state governors and more than 80% of state legislative seats are on the ballot, raising the possibility of meaningful shifts in policy.

Although state and local tax policy is seldom a direct ballot issue, broad factors—including economic uncertainty, geopolitical developments, rapid advances in artificial intelligence and persistent inflation—will influence state policy decisions. Tax base expansion, rate changes, and credits and incentives activity are some of the headline items for the next policymakers.

Following the initial legislative responses to the One Big Beautiful Bill Act, the state tax policy landscape is as fragmented as ever, creating an imperative that taxpayers closely monitor the state and local elections and ballot measures.

This article highlights key election-related developments and considerations for taxpayers evaluating how shifting legislative and executive dynamics may affect state tax policy in the coming years.

State elections may shift legislative and gubernatorial control

Most state legislatures are on the ballot in 2026

Legislative elections will take place in 46 states, covering 88 of the country’s 99 legislative chambers. Louisiana, Mississippi, New Jersey and Virginia will not hold general legislative elections this year.

In 42 states, both chambers will be on the ballot, in addition to Nebraska’s unicameral legislature and the state houses in Kansas, New Mexico and South Carolina. Overall, more than 6,000 seats, or over 80% of all state legislative positions, are up for election, setting up potentially meaningful tax policy changes across multiple states if legislative control shifts.

Thirty-six governor races could influence state tax policy

Gubernatorial elections will be held in 36 states, with half of those governors either term-limited or not seeking re-election. This opens the possibility for significant departures from existing leadership. Of those 36 elections, 18 currently have Republican governors and 18 Democratic governors. Five of these elections are in states where the governor belongs to a different party from the one controlling the state legislature—Arizona, Kansas, Nevada, Vermont, and Wisconsin. Change of executive control in these states is likely to lead to quick and dramatic policy shifts.

How unified and divided state governments shape tax policy

Entering the 2026 midterms, there are 39 trifecta states, where both legislative chambers and the governorship are under control of the same party. Of these, 23 states have Republican trifectas (including Nebraska’s unicameral legislature) and 16 have Democratic trifectas. The remaining 11 states have divided government. In three of those—Michigan, Minnesota and Pennsylvania—control is split between the legislative chambers. Legislative control in those three states hinges on a handful of seats, resulting in some of the most closely watched state legislative races in the nation.

Unified control generally allows for more streamlined policy changes as most states require only a simple majority to enact new tax policy.

Voters can directly influence tax policy in many states

Voters in multiple states will decide state tax-related ballot measures in November. Some proposals remain under review or subject to potential litigation and may be revised or removed. Additional measures may emerge in the weeks prior to Election Day. Several notable measures currently scheduled for the general election include:

These measures remain subject to change and may be modified, litigated or retracted prior to final ballot inclusion.

State conformity to OBBBA tax provisions
While many states addressed the major business tax provisions of the OBBBA during 2026, states are expected to continue evaluating their conformity to federal tax provisions for several years. Additional conformity and decoupling legislation is likely as states balance revenue needs, budget pressures and economic policy objectives. For example, numerous states decoupled from section 168(n) bonus depreciation, while others adopted broad approaches to conformity with section 174A research credit expensing. Multistate taxpayers are certain to face increasing complexity in tracking and modeling state-specific tax consequences.
Taxing the digital economy
Growth in the digital economy has continued to drive state tax policy in 2026. Legislative activity included taxes on digital advertising, social media-related revenue, downloaded software and software-as-a-service, as well as the repeal of certain technology-related exemptions. As states search for new revenue sources, businesses operating in digital and technology-driven markets should expect continued scrutiny and evolving tax obligations across jurisdictions.
State taxes on gambling and wagering
States have continued to expand taxation of gambling and wagering activities in 2026. Several states imposed new taxes on fantasy sports operators and prediction market platforms, while others increased existing wagering-related taxes. Because these taxes can generate revenue without broadly increasing taxes on individuals or businesses, states are likely to continue viewing the gaming industry as an attractive source of additional revenue with limited resistance from voters.
States reconsider data center tax incentives
States have historically competed for data center investment by offering incentives such as sales and use tax exemptions for equipment purchases and electricity consumption. However, as artificial intelligence drives substantial growth in data center development and electricity demand, concerns around the fiscal cost of these incentives and pressure on energy infrastructure have intensified. So far this year, more than two dozen states have proposed or enacted measures to restrict existing incentives, including moratoriums on new exemptions, suspension of incentive programs, repeal of tax benefits, and the imposition of new taxes or fees on data center operations. Businesses considering data center investments should closely monitor state incentive programs, as continued legislative and regulatory changes are likely in 2027 and beyond.
High-earner tax increases

Several states increased personal income taxes on higher-income individuals, such as:

  • Hawaii enacted a 2% surcharge on income exceeding $1 million beginning in 2027.
  • Maine adopted a 2% surcharge on millionaires beginning in 2026.
  • Washington enacted a new tax on certain high-income individuals beginning in 2028.

Several other states have proposed increases to top income tax brackets during the year. In California, voters will consider a 5% net worth tax on billionaires in the 2026 general election, which, if approved, would represent the first state-level tax of its kind.

Why businesses and individual taxpayers should monitor the 2026 state elections

Multiple factors drive state tax policy. The most important include state budget conditions (expected budget surpluses or deficits), economic conditions, federal intergovernmental aid policy and political ideology. This year’s elections will be influenced by all those variables.

Businesses should be aware of the potential changes in the makeup of state legislature and governor offices for three important reasons.

Party control: First, party control shapes tax policy, with Democrats and Republicans traditionally maintaining distinct tax policy positions.

The economy is often paramount: Second, despite often broad philosophical differences among the states, economic and budget conditions can outweigh traditional or historical ideological approaches.

For example, in the aftermath of OBBBA, principally championed by President Trump, some Republican-led states have decoupled from new or revised federal tax provisions while some Democratic-led states conformed to portions of the federal law. Similarly, some states have recently paused or reconsidered tax reductions due to budget uncertainty and reduced federal funding expectations.

New tax policy ideas: Third, new governors and legislators often bring new tax policy ideas molded by other states’ actions, think tanks and advocacy organizations, or academia. It is not unusual for new legislators to pursue dramatically different tax policies.

State policy diffusion—borrowing policy ideas from proposals in other states—particularly appeals to new legislators. Recent examples include renewed interest in worldwide combined reporting, digital ad taxes and efforts to reduce property tax burdens.

Businesses should closely monitor the changes in political leadership in the states in which they operate. Most candidates have a record reflecting their beliefs on taxes and other policy issues. With many contested races, term-limited governors and narrow legislative margins, the likelihood of meaningful tax policy changes over the next two years remains high.

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