Report State Legislators at Work: Insights into Legislator Time and Demographics

Executive Summary

This report summarizes the findings of the 2021-2022 Legislator Time and Demographic Study. In 2021 and 2022 the Center for Legislative Strengthening, a program within the National Conference of State Legislatures, surveyed over 700 state legislators using both paper surveys and an online survey tool through NCSL meetings and events, state liaison visits and mass email circulation. While the 713 survey respondents are not a representative sample of the 7,575 legislators serving in the states and territories, conclusions about legislative and non-legislative work, NCSL’s legislature typology and demographics can be drawn from the survey results and analysis. 

Time Conducting Legislative Work

State legislators are spending more time on legislative work than they were 20 years ago. Over half the legislators who completed the survey consider themselves a full-time legislator, and on average reported their legislative work comprised 74% of the time and workload of a full-time job. This reported increase in time spent on legislative work is consistent regardless of legislative session length, legislative compensation, outside employment and staff size.  

Even in legislatures with lower base pay, most legislators indicate they are spending 60% or more of a full-time job on their legislative work. 

Time Conducting Non-Legislative Work

The majority of surveyed legislators, 54%, hold employment outside the legislature. They reported their non-legislative work is 56% of the time and workload of a full-time job. The most common occupations were attorney and business owner, and both the survey and case study responses highlight the importance of flexibility in balancing legislative and non-legislative workloads. Of the 46% of respondents who do not hold non-legislative employment, 48% are retired and do not plan to return to the workforce after completing legislative service. 

As expected, legislator compensation and legislature typology have an impact on whether legislators hold outside employment. Case study interviews also indicate that some legislators value non-legislative employment for the connection it provides to their communities and professional fields of expertise.  

Legislature Typology

Survey responses largely support the classifications in NCSL’s categorizations of full-time, part-time and hybrid legislatures. Respondents in full-time legislatures report spending more time on legislative work and consider themselves full-time legislators more often than those serving in hybrid or part-time legislatures. However, those serving in part-time or hybrid legislatures report their legislative work as a higher proportion of a full-time job than legislators indicated in 2002 when NCSL developed its legislature typology. NCSL defines part-time legislatures as about half of a full-time job and hybrid legislatures as two-thirds or more of a full-time job. Survey respondents, on the other hand, indicated that work in a part-time legislature was greater than 50% and work in a hybrid legislature was nearly 80% of a full-time job. This new information indicates NCSL should consider updating its definitions of part-time and hybrid legislatures to better reflect the reported time spent on legislative work, but more comprehensive information from each state is needed. 

Demographics

The survey’s demographic data provides an idea of who is serving in state legislatures. Men and women from a variety of racial and ethnic backgrounds are represented, and respondents hailed from all 50 states, Washington, D.C., and four of the five territories. However, the majority of respondents were white and male, which reflects the overall demographic composition of state legislatures. 

Respondents’ ages span from late 20s to early 90s and indicate the baby boomer generation is the largest cohort serving in state legislatures. Survey respondents have higher levels of postsecondary degree attainment and are more affluent than the average American, and most plan to run for state legislative office again. Only 54% indicate political ambitions beyond the state legislature. 

Introduction 

NCSL has long studied changes in state legislatures and the people who serve in them. In 2002 NCSL, as part of the Joint Project on Term Limits with the Council of State Governments and the State Legislative Leaders Foundation, surveyed close to 3,000 state legislators using a paper mail survey. Their research sought to better understand the amount of time legislators spend on the job. The study found that while factors of institutional design, such as pay and staffing resources, impact the amount of time a legislator spends on the job, all legislators spend time on legislative work outside of session. 

The findings from this study aided in the development of NCSL’s legislature typology, which categorizes legislatures into full-time, part-time, and hybrid categories. Full-time legislatures are legislatures in which legislative work is 80% or more of a full-time job. These legislatures have higher levels of legislative staff and legislator pay. In part-time legislatures, legislative work accounts for just over 50% of the time spent on a full-time job. The compensation for legislative work is lower, often requiring legislators to seek outside work, and legislative staffing is small. Hybrid legislatures fall between full- and part-time legislatures in compensation and staffing. The legislative work of a hybrid legislature accounts for approximately two-thirds of a full-time job. 

At least one other study has used results from the 2002 NCSL survey to draw additional conclusions. The study, summarized in “Full-Time, Part-Time, and Real Time: Explaining State Legislators’ Perceptions of Time on the Job,” found several factors beyond session length and policy work increasingly contribute to variations in overall legislator time commitment, including constituent services, campaigning, fundraising and a variety of legislator characteristics such as serving in a legislative leadership role. Another group of studies have analyzed the work of legislators and legislative institutions using the concept of “legislative professionalism,” an approach that commonly compares member salary, time demands and staff resources across institutions. The Squire Index, first published by Peverill Squire in 1992, has used a form of related measures over time to assess the capacity of legislative members and institutions to engage in the policymaking process. Findings from work like the Squire Index suggest that variations in legislative professionalism impact a wide range of legislator behaviors, from policy outputs to the adoption of internal rules and procedures. 

Time Spent on Legislative Work 

The primary goal of this survey was to learn more about the amount of time legislators spend on legislative work. Table A shows the average amount of time surveyed legislators dedicated to legislative work. 

The average respondent finds legislative work comprises 74% of the time and workload of a full-time job, and over 50% of legislators consider themselves full-time legislators. On average, legislators dedicate a considerable amount of time to legislative work irrespective of legislature typology or legislative compensation. This finding reinforces what is common knowledge for NCSL’s members: legislative service requires a substantial time commitment.

Table B and Graph 1 examine time dedicated to legislative work alongside NCSL’s legislature typology. Table B demonstrates the percent of respondents who consider themselves a full-time legislator in each legislature type. While it is interesting that some respondents in part-time legislatures consider themselves full time, the relationship between typology and full-time legislators is as expected based on NCSL’s classifications. As the legislature typology moves from part time to full time, more respondents consider themselves full-time legislators. 

Part time lite and full time lite are subcategories in NCSL’s typology. Full-time lite legislatures spend less time in session and have smaller districts and staff sizes than full-time legislatures. Part-time lite legislatures, on the other hand, might have longer sessions, larger staffs, or higher pay than the traditional citizen legislatures in the part time category. 

Graph 1 depicts how respondents compare their legislative work to a full-time job in relation to their legislature type. Again, as the legislatures move from part-time to full-time classifications, the percent of legislative work in comparison to a full-time job increases. 

The survey results reinforce NCSL’s legislature typology. Those who serve in full-time legislatures are more likely to consider themselves a full-time legislator and devote more time to legislative work than their counterparts in part-time and hybrid legislatures. Moreover, the survey indicates that as legislator compensation increases, so does time spent on legislative work. This finding supports NCSL’s system of categorizing legislatures, as the legislatures NCSL identified as full time based on salary, session length and staffing report spending more time on legislative work.

However, one component of NCSL’s legislature typology that the survey results potentially challenge is the assumption that legislators serving in legislatures with shorter sessions, lower compensation and smaller staffs only work as legislators part time. Most of the respondents indicated that legislative work is at least 60% of a full-time job even if they were paid lower base salaries. NCSL defines “part time” as legislative work requiring a time commitment of just over half of a full-time job and “hybrid” as more than two-thirds of a full-time job. Legislators serving in hybrid legislatures, on average, estimated that legislative work requires almost 80% of a full-time job. Similarly, while legislators serving in part-time legislatures spent less time on legislative work, they still indicated legislative work was greater than 50% of a full-time job. While neither percentage constitutes a full-time job, this data shows that the time demands of legislative work increased in the last 20 years since the typology was developed. 

NCSL conducted statistical analysis of the survey data to further explore factors that impact legislative work. The analysis found that both legislator compensation, and more broadly legislature typology, have a statistically significant impact on the time legislators dedicate to their legislative work. Other factors that impact time on legislative work include holding a leadership position and plans to run for political office, whether in the legislature or elsewhere.

The Balance of Legislative Work and Outside Employment 

Another survey goal was to understand how legislators balance public service with non-legislative work. Almost 59% of survey respondents consider themselves full-time legislators, yet 54% hold employment outside of legislative work. On average, outside employment constituted 56% of a full-time job. Legislators were employed in a wide variety of careers, but the two most common were attorneys and business owners. 

Graph 2 shows respondents’ non-legislative work as categorized by the options provided in the survey. While the “other” category measures second highest, a majority of the write-in answers fall into an existing category. With this in mind, the top categories are business owner, attorney and consultant/professional/non-profit. 

Forty-six percent of respondents did not hold employment outside of legislative work. Table D further explains these responses. 

These findings offer important insights into the impact of legislative service on outside employment. While the majority of surveyed legislators hold outside employment, on average that work is part time, and many are self-employed or work in positions that offer flexibility. Furthermore, of the 46% who do not hold outside employment, 48% were retired, meaning these legislators did not leave work temporarily for legislative service and indicated they do not plan to reenter the workforce after completing legislative service. Twenty percent of the legislators without non-legislative work plan to reenter the workforce after completing legislative work, and nearly 4% of legislators who are unemployed outside of legislative work were actively looking for jobs while serving as a legislator. Together, these findings point towards the challenge of balancing full-time outside employment with legislative service. 

Graph 3 further illustrates the significant impact legislative service has on outside employment for legislators. A high percentage of survey respondents, 80%, responded that legislative service resulted in a decrease of outside work or leaving non-legislative work altogether. 

Statistical analysis further evaluated the factors influencing non-legislative work. Not surprisingly, legislature typology and legislator compensation affect whether legislators hold non-legislative work. Graph 4 illustrates the average time legislators spend on legislative and non-legislative work. As expected, time spent on legislative work is higher in full-time legislatures as compared to part-time legislatures. The inverse is true for non-legislative work: those who serve in part-time legislatures dedicate more time to non-legislative work than their counterparts in full-time legislatures.  

Snapshot of State Legislators in 2022 

One goal of the survey was to better understand legislator demographics in 2022. While the 713 survey participants are not a perfect mirror of the 7,575 legislators serving in the states, territories and the District of Columbia, the survey had participants from all 50 states, D.C. and all but one territory, offering us an important glimpse into the type of people serving in state legislatures.  

Graph 5 depicts survey responses by state, demonstrating the diverse representation of legislators who participated. 

In addition to understanding which legislatures are represented in the survey, it’s helpful to know how responses compare to NCSL’s legislature classifications. According to NCSL’s typology, 57% of legislatures are hybrid, 7% are full time, 10% are full time lite, 7% are part time, and 17% are part time lite. Graph 6 groups survey respondents according to legislature type. The breakdown is a fairly proportional representation, though part-time, part-time lite, and full-time lite legislatures are slightly overrepresented. 

Legislative Demographics 

To learn more about the type of person serving in a state legislature, the survey collected both institutional and social demographic data. Several metrics were used to gather institutional data, including chamber affiliation, terms served, leadership role, party affiliation and future political plans. This data paints a picture of those serving in state legislatures.  

The first piece of institutional demographic information collected was chamber affiliation. Of the survey participants who shared their chamber affiliation, the majority, 67%, served in their state’s house or assembly, 31% served in their state’s senate and 2% were part of a unicameral body. This is again a mostly proportional representation of chamber size across the states and territories, though with a slight overrepresentation of senators. Of the 7,575 state and territory legislative seats, about 73% are in lower chambers, 26% are in upper chambers, and just over 1% of legislators serve in a unicameral body. 

The second piece of institutional demographic information collected measured the number of terms legislators served. As indicated in Graph 7, there was a wide range in years of legislative experience among those who completed the survey and over 50% of the survey respondents served three or fewer terms. 

The third piece of institutional demographic data collected was on leadership. Of the legislators who completed the survey, 9.5% held chamber or caucus leadership positions and 44% served as committee chairs. 

The survey also asked about partisan affiliation. Fifty-five percent of the respondents were Democrats, 43% were Republicans, and the remaining 2% identified as non-partisan or other party. 

When asked about future political plans, most of the legislators who completed the survey indicated they plan to run for office again, as shown in Graph 8. 

When asked about running for other political offices, about 54% of the legislators indicated future political ambitions outside of the state legislature.  

These two findings indicate that members have a strong commitment to continued state legislative service. Overall, when thinking about the legislative life of the average respondent, most served at least one term, do not hold a leadership position and plan to run for office again. 

Social and Economic Demographics 

The survey also asked several questions about social demographics including education, race, income, marital status and dependents. This information is essential in helping NCSL better understand its members. Below is a series of graphs depicting the demographics of the survey pool. 

Graph 9 depicts survey respondents’ household income and indicates that about two thirds of surveyed legislators have an annual income of $100,000 or more per year. 

Graph 10 shows respondents’ postsecondary degree attainment. A vast majority have a bachelor’s degree or more, such as a master’s, professional or doctorate degree. 

Table E depicts survey respondents’ age according to birth year, and Table F demonstrates age according to generation. While there is some variation in how generations are defined, the Silent Generation is generally considered to include individuals born between 1928 and 1945, baby boomers as those born between 1946 and 1964, Generation X as those born between 1965 and 1980, Millennials as those born between 1981 and 1996, and Generation Z as those born between 1997 and 2012. According to U.S. Census Bureau data, the Silent Generation comprised 6.8% of the 2020 population, baby boomers 23.1%, Generation X 12.3%, Millennials 26.3%, and Generation Z 9.4%. When compared to the population percentages, Table F shows that members of the baby boomer and Generation X cohorts are overrepresented in the survey. While members of Generation Z do serve in state legislatures across the country, they are not represented in the survey respondents. 

Graph 11 depicts survey respondents’ marital status, showing that the vast majority are married.  

Graph 12 shows whether surveyed legislators have an adult or child dependent living at home with them. The majority of respondents, just over 62%, do not have dependents at home. 

Graph 13 depicts how surveyed legislators described their race/ethnicity. Seventy percent of respondents identified as white, with the next largest groups identifying as Black/African American and Asian American. 

Describing the “Average” Legislator 

What can this survey tell us about “the average” legislator in 2022? Before creating this type of snapshot, it is important to acknowledge possible data biases and limitations. While over 700 state legislators completed the survey, these legislators do not perfectly represent all people serving in state legislatures. For example, over 50% of the survey respondents were women, but in 2022 the actual percentage of female state legislators was about 31%. Similarly, the Legislator Time and Demographic Survey was circulated at the Quad Caucus Meeting and at several NCSL events. The circulation of the survey at the Quad Caucus Meeting means there is likely to be an oversample of non-white legislators. Similarly, the recruitment of participants at NCSL events and through NCSL emails could mean the survey is biased towards legislators who actively participate in NCSL. 

Even with the sampling bias, the survey still offers meaningful insights about the people who serve in state legislatures. As indicated by the survey results, the people serving in state legislatures are as varied and diverse as the institutions themselves. They include men and women from a variety of racial and ethnic backgrounds, though most legislators are white. There are adults of every age serving as state legislators; however, the baby boomer generation is the largest cohort. According to the survey, state legislators have more formal education than the general U.S. population, as the vast majority of legislators hold a bachelor’s degree or higher. State legislators are also generally wealthier than the average American, with survey responses showing legislator household incomes above the U.S. 2022 annual median income of $74,580. The average legislative base salary is $43,494, indicating many legislators supplement their income with outside sources. 

In sum, while no singular profile can capture what a typical state legislator looks like, in 2022 a state legislator was likely over the age of 50, male, white, had completed some form of higher education, had sources of income beyond legislative compensation and was married without dependents in the home. 

Washington and Utah: An In-Depth Look at Compensation, Legislator Service, and the Institution 

Legislators from Utah and Washington participated in this survey at high rates relative to other legislatures, with 26% of Utah legislators and 30% of Washington legislators participating. NCSL interviewed a small pool of legislators from Utah and Washington to further contextualize the data collected in this survey.  

Legislators’ first-hand experiences corroborated the findings of this survey. The Washington legislators agreed that while they serve in a part-time legislature, they consider legislating a full-time job. Then-Senate President Pro Tempore Karen Keiser said, “if you average the hours [we spend working], it would be a full-time job.” In Utah, which has a 45-day session, legislators agreed their legislative work is more than a part-time job but do not consider it full time. “It is certainly not a part-time position in the same kind of way that it sounds like it is,” said Utah Senate Majority Whip Ann Millner. Utah legislators also acknowledged that factors such as leadership roles, type of outside employment, and location affect how much time legislators spend on legislative work. 

Of the Utah respondents, 69% indicated they work outside of the legislature. All the Utah legislators interviewed remarked on the challenges of balancing legislative roles and outside employment, noting that being self-employed or having a flexible employer is beneficial. Rep, Jon Hawkins shared his experience maintaining two jobs during session, saying “It’s not always easy to balance everything that you have to balance, and being in a citizen legislature, there are tradeoffs. You’ve got to prioritize what’s best. I have to keep my job, and I have to support my family over being a legislator.” Similarly, Utah Senate President Pro Tempore and NCSL President Wayne Harper said, “You’ve made a commitment to your employer and you need to honor that and give a full day’s work, but at the same time constituent issues don’t always wait.” 

Each of the Washington legislators indicated the importance of their legislature’s “hybrid” status. Republican caucus chair Rep. Paul Harris highlighted that while he feels legislating is a full-time job, he prefers a schedule that allows time to go back to his district to spend time with the community he serves. Rep. Cindy Ryu, chair of the Innovation, Community & Economic Development, & Veterans Committee, explained there is a benefit to having an outside job—“It kind of roots you … and reminds you what the real world looks like out there.” Sen. Millner of Utah expressed a similar sentiment, saying, “I think [outside employment] actually enriches the legislature in that we have people working in these fields, experiencing what’s happening...it increases overall our effectiveness as a legislature.” None of the interviewed legislators in Utah expressed interest in changing the legislature’s part-time status. Rep. Hawkins said, “I’m really proud of our institution. We get a lot done in a short amount of time.” 

The legislator’s comments on compensation also match the analysis provided in this report. Each Washington interviewee worked as a legislator full time during session, with no additional non-legislative work, but indicated that higher pay for legislators would benefit their chambers. Each member expressed that their colleagues who do hold outside employment seem to struggle during legislative session. They believe higher pay would allow more flexibility for those members. Additionally, each legislator indicated they would like to see a more diverse legislature, believing increasing compensation would allow for that. Washington Speaker Pro Tempore Tina Orwall said she believes the legislature should reflect the state’s communities, and increasing pay would allow everyone who wants to serve feel like it is more financially feasible to do so.  

While the Utah legislators acknowledge the challenges that come with outside employment during session, they stopped short of supporting higher legislative pay. Senator Harper believes it is becoming more challenging to be a legislator and have a full-time job. He noted that constituent expectations and interim work have increased, but he doesn’t look to increased compensation as the answer. Interviewees instead considered other ways of conserving legislators’ time, such as limiting the number of bills introduced. Sen. Millner acknowledged that legislative work takes time and effort, and therefore deserves compensation, but that compensation should be handled modestly and in a way that constituents find comparable to their communities.  

Conclusion 

The 2021-2022 Legislator Time and Demographic Survey provides insight into the experience of state legislators and the evolving nature of legislative work. The responses and analysis indicate that legislators are spending more time on legislative work than 20 years ago when NCSL last surveyed legislators on the topic. Factors that influence time spent on legislative work include compensation, legislature typology, outside employment, holding a leadership position, plans to run again for legislative office and plans to run for another political office.  

As legislative institutions continue to adapt to 21st century realities of legislative service, such as increased expectations around constituent services, quickly-advancing technological and communication tools and complex policy decisions, the demands on legislators’ time will likely continue to increase. Balancing legislative responsibilities with other professional obligations is and will remain a consideration for legislators, underscoring that legislative service has always required sacrifice and dedication. Although the amount of time spent on legislative work is increasing, members’ commitment remains robust and valuable. Each legislature and member is unique in its approach to the factors that impact how much time is devoted to legislative work, but they share a common goal of safeguarding the institution and enriching the lives of those they serve. 

Acknowledgements  

NCSL gratefully acknowledges the state legislators who participated in the 2021-2022 Legislator Time and Demographic Survey. This report and its conclusions would not be possible without your support of NCSL and the generous sharing of your time and experience.  

Special thanks to Josalyn Williams, who spearheaded the survey’s design, distribution and analysis as well as this report’s composition and findings during her tenure with NCSL. Her work was paramount to this project. 

Thank you to the many NCSL staff who assisted in distributing this survey through in-person meetings, state visits and email communication. Lastly, many thanks to the members of The Center for Legislative Strengthening team for their work on this report.