Preemption conflicts between state and local governments

Source: Ballotpedia, Last updated on January 2, 2017

Out of 15 resolved preemption cases tracked by Ballotpedia, states were able to preempt local ordinances or initiatives in 14 cases.

A tug-of-war between cities and state governments has developed behind the scenes of the 21st century’s biggest policy debates. Interest groups advancing policy reforms ranging from bans on fracking to higher minimum wages have led local and state officials to tussle over appropriate responses. Mayors, city councils, and community activists are passing ordinances and initiatives on wages, gun control, and LGBT issues in order to fill gaps perceived in existing law. Governors and state legislators have pushed back against these local responses, citing their interests in creating uniform policies across all local governments in their states.

This struggle continues the decades-long evolution of preemption, a legal concept that allows a state law to supersede a conflicting local law due to the state’s power to create cities as granted by state constitutions….