Votes Cast in 6 States Next Week Could Have Impact on State-Level Immigration Laws

By Van Esser, Thursday, November 3, 2011, 1:21 PM EDT

Disclaimer: NumbersUSA is a non-partisan organization that does not advocate for or against any candidate or party. We ask, however, that you consider the immigration-related positions of candidates when making your choices.

Most folks are focusing on the 2012 elections now but it’s important to remember that a few states hold 2011 gubernatorial and state legislative elections. The results of some state legislative races, in particular, will influence whether certain states can enact in 2012 the immigration-enforcement legislation that failed this year.

Kentucky, Louisiana, Mississippi and West Virginia elect governors in 2011. Also, 578 state legislative seats are up for grabs. Most of these are in Louisiana, Mississippi, New Jersey and Virginia where all state legislators face the voters.

Kentucky

Republican David Williams, the President of the Kentucky State Senate, faces an uphill climb in his race for governor against the popular Democratic incumbent, Steve Beshear. Williams staked out a pro-enforcement position early this year when he moved an illegal-presence bill (SB 6) though the Senate. Senate Republicans hold a 22-15 advantage over Democrats (with one Independent).

House Democrats, who control their chamber by a 59-41 margin, instead passed a mandatory E-Verify bill for state and local governments and their contractors (HB 3). Gov. Beshear was said to be partial to the House Democrats’ bill and opposed to SB 6. That’s not surprising since supporting SB 6 would have given his opponent a victory.

The 2011 session ended in a stalemate when House Democrats refused to take up SB 6 and Senate Republicans ignored HB 3. That stalemate will likely continue into 2012 even if Williams wins because neither chamber is facing the voters on November 8th. A special election will be held later this year, however, in House District 82 because the incumbent is resigning.

Louisiana

Two immigration-enforcement bills passed this year in Louisiana, and enforcement did not become a major campaign issue thereafter. Legislators passed and Gov. Bobby Jindal signed legislation that requires E-Verify for state/local contractors (HB 342), and that requires employers to either use E-Verify or ask for certain identifying documents (HB 646).

Louisiana elections are unique in that politicians run in an open primary and the winner faces a run-off only when garnering less than 50 percent of the vote. In first-round elections on October 21st Gov. Jindal was re-elected with 66 percent of the vote in a ten-candidate field. Republicans also added to their Senate and House majorities. They gained two House seats and could gain up to four Senate seats if the November 19th runoffs go their way. Louisiana should be prime territory for passage of a mandatory, all-employer E-Verify bill next year and possibly illegal- presence legislation.

Mississippi

The chances for strengthening Mississippi’s pro-enforcement stance very much depend on the outcome of the 2011 elections. Mississippi currently requires all employers to use E-Verify, but Senate Republicans this year introduced legislation (SB 2179) to strengthen existing E- Verify law and allow police to run immigration status checks on persons suspected to be in the U.S. illegally. That legislation passed the Senate but was sabotaged in the House when majority Democrats substituted “poison-pillâ€