The administrative state has expanded significantly in 2026, according to a new Ballotpedia report.
Debate over the power wielded by administrative governmental agencies has intensified over the past decade, especially after the Supreme Court issued a ruling laying waste to the Chevron deference doctrine.
Ballotpedia’s Administrative State 2026 Legislation Report documents state-level activity among state agencies that are granted the authority to create, interpret, and enforce regulations based on legislation.
Lawmakers in 45 states considered 1,722 bills and resolutions related to administrative agencies. 38 states enacted 225 of them. Of these laws, 101 bills in 29 states expanded agency authority while 94 bills in 32 states decreased it, according to Ballotpedia’s report.
States that increased the power of the bureaucracy include Alabama, New Jersey, Indiana, Oregon, Florida, and Maryland, among several others.
Elections are sacred… right up until the unelected decide the results shouldn’t change anything important.
— d0u6 (@d0u6s) July 31, 2026
The administrative state doesn’t need to cancel elections.
It just needs to make sure they don’t matter.
It must die.
Full clip 👇 pic.twitter.com/ahCWBeNeOd
Republican states passed 48 laws that expanded agency power vs 46 that decreased it. Democrat states enacted 39 laws that increased bureaucratic authority while passing 31 that decreased it.
From the report:
Many bills that increase or decrease agency power do so for a specific topic, agency, industry, or program. Others — such as those addressing REINS, judicial deference, rulemaking processes, and oversight — apply to all or most agencies in the state.
More bills enacted in 2026 increased agency power than decreased it. Republican trifectas enacted about half of bills increasing (48%) and decreasing (49%) agency power. Democratic trifectas enacted more bills (39%) increasing agency power than decreasing it (33%). States with divided governments enacted fewer bills increasing agency power (10%) than decreasing (18%) it.
Twenty-nine states enacted laws that increased agency power:
Thirteen states have Republican trifectas and enacted 48 bills.
Nine states have Democratic trifectas and enacted 39 bills.
Seven states have divided governments and enacted 14 bills.
Thirty-two states enacted laws that reduced agency power:
Seventeen states have Republican trifectas and enacted 46 bills.
Nine states have Democratic trifectas and enacted 31 bills.
Six states have divided governments and enacted 17 bills.
🇺🇸 BREAKING: U.S. SENATOR JOHN HUSTED ON THE CLARITY ACT:
— Digital Crypto Academy (@crypto09academy) August 18, 2026
„MANY DEMOCRATS DON‘T WANT TO VOTE ON THIS BECAUSE THEY WANT THE ADMINISTRATIVE STATE TO MAKE THE RULES. ❌
OF COURSE WE SHOULD PASS IT!“ 🙌🏼 pic.twitter.com/Lx1szP6vw1
This is not a promising sign. People often underestimate the harm these agencies do because bureaucrats cannot be held accountable at the ballot box. Unelected officials are quite literally acting as legislators in many cases, pushing regulations and policies that are easy for regular Americans to violate without even knowing it.
Countless lives have been ruined by this phenomenon. Much of the growth in government that people complain about is related to the expansion of agency power. When politicians grant these agencies more authority, they are expanding the size and scope of the state, which only makes for less liberty and freedom.
