A 25-25 split in the North Carolina Senate could give the lieutenant governor a decisive role in passing laws and other votes, though it would not automatically guarantee her party control of the chamber.
The possibility has gained relevance after the November 3rd elections, due to the close contest between Republican Senator Danny Britt and Democrat Catina Hamm in the 24th district.
Britt held a lead of 228 votes, according to unofficial results from the State Board of Elections available as of November 11.
If he maintains his lead, Republicans would have 26 seats and Democrats 24. A Hamm victory, on the other hand, would leave the Senate split 25-25.
Given the new legislative makeup, Hunt assured that she will continue to collaborate with both parties.
“The makeup of the Senate has changed significantly, and I’m going to keep working with both parties, standing up for what’s right for North Carolina and getting things done for people,” Hunt said in a statement to Enlace Latino NC.
The lieutenant governor also maintained that the election results reflect residents' frustration with the cost of living. Among her priorities, she mentioned reducing the costs of childcareexpand job training and invest in public schools.
Although the final result remains pending, the contest raises a question about the functioning of state government: what happens when no party has a majority in the Senate?
The lieutenant governor can break the tie in the votes
The Constitution of North Carolina establishes that the lieutenant governor presides over the Senate and can only vote when there is a tie.
Currently, that position is held by Democrat Rachel Hunt. This means that if all 50 senators voted and the result was 25-25, Hunt could cast the deciding vote.
The power could also be exercised in a chamber with a 26-24 Republican majority, if the legislators' positions result in a tie.
Furthermore, the Senate Rule 11, in force for the 2025-2026 legislature, expressly contemplates the tie-breaking vote of the vice-governor in both legislative decisions and internal elections.
What would happen to the Senate leadership?
The election of the next Senate president pro tempore also takes on relevance given the possibility of a 25-25 split.
Four Republican senators, Jim Burgin, Ralph Hise, Brent Jackson, and Todd Johnson, are vying to succeed Phil Berger, who will be stepping down after losing the March primaries of 2026.
The Constitution states that the senators elect that official from among their members.
Republicans could select their candidate during internal caucus meetings, but the formal election is up to the Senate plenary session.
In the event of a tie, Democratic Lieutenant Governor Hunt could play a decisive role, according to applicable provisions.
Under the 2025-2026 rules, the president pro tempore has the authority to appoint the members and leaders of the legislative committees. These committees review bills before they reach the full assembly.
Related : The crucial role of committees in the North Carolina General Assembly
A potentially narrower Republican majority
The outcome between Britt and Hamm will determine whether Republicans retain a 26-24 majority or if the Senate is evenly split between the two parties.
The difference of 228 votes, equivalent to approximately 0.41 percentage points, was within the margin that allows requesting a recount.
County election boards are scheduled to complete their official vote counts today, November 13. If the race remains within the margin established by law, the runner-up may request a recount.
Regardless of the outcome, the next legislature will have a more closely divided Senate. In any scenario, the lieutenant governor's tie-breaking vote could prove decisive in certain cases.
Even if Republicans retain a 26-24 majority, they would not have enough votes on their own to override the vetoes of the Governor Josh Stein if all senators are present and vote.
The state constitution requires the support of three-fifths of the legislators present and voting in both chambers to override a veto.
In a Senate with all 50 members voting, 30 votes are needed, four more than the Republicans would have for a veto override.
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