Everything You Need to Know About Pre-Filing Before the 2026 State Sessions
by Nicole D'Angelo, FiscalNote
Here’s an overview of the basic pre-filing timelines in every state for 2026 state legislative sessions.
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Most state legislatures are currently in recess, but the work of legislating never completely stops. Many legislators are already thinking about what issues they’re going to focus on next year. In some cases, legislators can start advancing those issues with pre-filing.
Pre-filing is the practice of introducing bills between state legislative sessions so they can be taken up as soon as the legislature formally begins. It helps lawmakers start their legislative strategy early while getting bills moving earlier in the session.
Pre-filing can also be beneficial for advocates and lobbyists. Tracking pre-filed bills helps you plan, get your campaigns started early, and know which legislators and committees to get in touch with before legislative sessions begin.
To help you refine your pre-session strategy, here’s a summary of each state’s pre-filing timelines.
Which States Won’t Practice Pre-Filing This Year?
Most states allow for bill pre-filing, but many don’t. Most of the ones that don’t continue their legislative sessions until late in the year, making pre-filing largely unnecessary. Others have simply decided to forgo the administrative effort of pre-filing.
The states that never allow bill pre-filing are: California, Connecticut, Georgia, Idaho, Kentucky, Massachusetts, Michigan, North Carolina, Nebraska, Ohio, Wisconsin, and the District of Columbia.
In addition, Oregon and Pennsylvania only allow pre-filing before odd-numbered years, so there will be no pre-filing for the 2026 session.
Four states won’t have pre-filing because they don’t hold legislatures in even-numbered years. These are Montana, Nevada, North Dakota, and Texas.
Recent State Legislation Regarding Bill Pre-Filing
Georgia recently joined the list of states that don’t allow pre-filing, thanks to a 2024 law.
Kentucky also removed prefiling from its legislative process in 2022. A bill was introduced earlier this year for reinstating prefiling, but it did not advance out of committee.
2026 State Legislative Sessions Calendar
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What to Know About Legislative Schedules
A state’s pre-filing timeline is often impacted by the type of legislative schedule it has. Some states have biennial schedules, meaning the same legislature meets over a two-year period. Others have annual legislatures, meaning a new legislature is convened every year.
In many cases, states with biennial legislatures start pre-filing earlier in the year, while those with annual legislatures begin the pre-filing in November or December.
The highest proportion of states have biennial legislatures that begin in odd-numbered years and end in even-numbered years (mirroring the U.S. Congress). These are: Alaska, California, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, West Virginia, Wisconsin, and the District of Columbia.
Two states, New Jersey and Virginia, have biennial legislatures that convene in even-numbered years and adjourn in odd-numbered years.
Finally, the following states have annual legislatures: Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Idaho, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, New Mexico, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, and Wyoming.
What States Have Already Started Pre-Filing?
Many states allow pre-filing to begin as soon as the year’s general session adjourns, often in spring or early summer. Others open pre-filing in the summer months.
The states where bill pre-filing has already begun are:
- Alabama
- Alaska
- Florida (house only)
- Iowa
- Kansas
- Louisiana
- Maine
- Minnesota
- Mississippi
- Missouri (senate only)
- Oklahoma
- Tennessee
- Utah
- Vermont
- Wyoming
Upcoming 2025-2026 Pre-Filing Start Dates
For the remaining states, bill pre-filing starts on the following dates:
September
- New Hampshire senate – Sept. 3
- New Hampshire house – Sept. 15
November
- Maryland – Nov. 1
- Arizona – Nov. 15
- Arkansas – Nov. 15
- New Jersey – Nov. 15
- New York – Nov. 15
- Rhode Island – Nov. 15
- Virginia – Nov. 17
- Indiana – Nov. 18
- Illinois – Nov. 30
December
- Colorado – Dec. 1
- Missouri house – Dec. 1
- Washington – Dec. 1
- West Virginia – Dec. 9
- South Dakota – Dec. 14
January
- Hawaii – Jan. 15
States with ambiguous pre-filing dates
In some states, pre-filing operates on a slightly different schedule every year, and the exact dates are determined fairly late in the year.
For example, in Delaware, the speaker of the house or senate president can start bill pre-filing at any time before an even-year session. At the moment, no pre-filing period has been scheduled.
New Mexico and South Carolina have also not yet announced their pre-filing dates. New Mexico’s prefiling period has historically been during the first few weeks of January. In South Carolina, pre-filing usually begins in November or early December.
In Florida, pre-filing begins when the statutes of the previous session are finalized (or, in even years, after an election is certified). This year, that meant mid-August for the house, and likely early September for the senate.
Pre-filing Deadlines for 2026 State Sessions
Most states allow pre-filing to occur up to the start of a legislative session. However, some have pre-filing deadlines, and in a handful of cases, they’re coming up soon.
These deadlines are:
September 2025
- New Hampshire senate – Sept. 12
- New Hampshire house – Sept. 19
- Maine – Sept. 26
November 2025
- Maryland – Nov. 20
December 2025
- Missouri senate – Dec. 1
- Vermont – Dec. 1
- New Jersey – Dec. 15
January 2026
- Delaware senate – Jan. 8
- Kansas – Jan. 9
- Alaska – Jan. 13
February 2026
- Louisiana – Feb. 27
Why Track Pre-Filed Bills?
When you stay engaged in the legislative process during the pre-filing period, you’ll already have momentum once the legislative session starts.
You’ll be able to start influencing legislation early, possibly before some legislators have begun forming their position on it. If you start contacting legislators before the busy session begins, you may be able to influence how legislation is discussed during informal pre-session committee meetings.
Pre-filed bills can also be a useful tool for getting your supporters engaged early. They’re usually publicly released, so you can share them with the public and encourage your supporters to contact legislators as soon as they’re back in their offices.
Ultimately, the benefits of tracking pre-filed bills are similar to the reasons for tracking any legislative development—because the advocates who are the most knowledgeable and proactive are the ones who set themselves up for success.
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