Who Can Afford to Serve? The Politics of State Legislator Pay

In the United States, each state sets its own legislators’ pay, which can vary widely depending on which state you are in. For example, in New York, legislators are paid $142,000, while in New Hampshire, legislators are paid $100. No, that’s not a typo. New Hampshire’s salary is $100; it hasn’t been changed since 1889.

While this might seem like a small issue on the surface, it has rippling effects. Louisiana state Rep. Joe Marino said it well in an interview with Stateline, “Unless salaries are raised, we’ll have a legislature of only wealthy or retired people.” That’s a big issue when it comes to representation in legislatures and people’s ability to run for state office.

Having low pay “makes it more challenging for people who don’t have a lot of free time and need to rely on income to be able to perform their public service,” says Arturo Vargas, CEO of the National Association of Latino Elected and Appointed Officials, in a discussion with The 19th. “And it does make it an occupation that becomes more limited to the wealthy. And the wealthy in this country tend to be more white than people of color.” 

Full-time vs Part-Time vs Hybrid

State legislatures in the United States are typically categorized as full-time, part-time, or hybrid, which is a distinction that heavily influences pay and staff support. In reality, serving as a state legislator is always a full-time commitment regardless of designation, given the year-round demands of constituent engagement, interim committee sessions, and special legislative sessions. However, lawmakers in states designated as part-time or hybrid are expected to maintain outside careers while receiving lower pay and far less staff support. In addition, not many working Americans have jobs that allow them to take off two to three months a year for legislative sessions or two weeks off on short notice for a special session. This creates a difficult balancing act between legislative duties, employment, and family obligations, making public service particularly challenging for caregivers and those without significant personal financial resources.

The Politics of Payment

In most legislatures, pay is determined by the legislators themselves through a bill or resolution, but this is a risky political move. According to the National Conference of State Legislators, Louisiana lawmakers tried to raise their salaries in 2009, which would’ve been the first increase since 1980. Lawmakers argued that this increase would allow for people of all backgrounds to serve in the legislature regardless of economic status. During this time, lawmakers drew heavy criticism from both local news outlets and the public they represent. The New Orleans Times-Picayune even called the increases “greedy and shameless.”

Despite the controversy, the bill ended up passing through the House and Senate and landed on the governor’s desk with the final number being a 123% increase, from $16,800 to $37,500. The governor at the time, Bobby Jindal, stated that he did not agree with the proposed increase but would let the bill become law without his signature. This sparked another round of controversy, and the governor ultimately vetoed the bill. Louisiana’s legislators’ base salary is still $16,800 as of this post in August 2026, which is only about $1,000 above the federal poverty line.

Per Diem vs Salary

States use different methods to compensate legislators, with most relying on salaries, per diem payments, or both. In full-time legislatures, lawmakers typically receive a fixed annual salary that reflects the year-round nature of their work and provides a stable source of income. Only four states are considered to have a full-time legislature and pay their legislators a livable wage: New York, Michigan, California, and Pennsylvania. In contrast, many part-time legislatures rely primarily on per diem payments, which are daily allowances provided only during legislative sessions to help cover expenses such as travel, lodging, and meals. Other states use a hybrid system that combines a base salary with per diem payments. These different compensation structures can affect both legislators’ financial stability and the overall experience of serving in office. For example, salary-based systems provide more predictable income, while per diem systems may create greater financial uncertainty. Hybrid systems attempt to balance these concerns, though they can also lead to differences in compensation depending on factors such as a legislator’s distance from the state capitol.

What Can Be Done?

While there is no conclusive solution to the ‘Pay Problem’, states have been trying innovative approaches to balance public concerns while also ensuring that salary isn’t a barrier to people running for office. According to the National Conference of State Legislatures, states like Massachusetts and Pennsylvania have tied their legislators’ salaries to their states’ median household income, a common public suggestion. 19 other states have chosen to establish an independent commission to objectively study legislative pay and, in some cases, directly set it. This takes the decision-making responsibility away from the legislature and into the hands of experts. Without efforts like these to ensure legislators are paid a livable wage, low legislative pay will continue to discourage qualified candidates (especially caregivers) from running for or sustainably serving in state office.

References

https://www.governing.com/finance/state-lawmakers-nationwide-are-voting-to-increase-their-pay 

https://www.pbs.org/newshour/politics/low-pay-is-driving-some-state-lawmakers-to-resign 

https://www.ncsl.org/center-for-legislative-strengthening/legislative-compensation-overview 

https://ballotpedia.org/Comparison_of_state_legislative_salaries

https://www.ncsl.org/center-for-legislative-strengthening/legislative-compensation-overview