LEGISLATIVE TERM LIMITS. LOCAL VOTER PETITIONS

Initiative Constitutional Amendment

THE QUESTION

Should the California Constitution be amended to allow voters to submit petitions to permit their incumbent legislators to run for reelection and to serve for a maximum of four more years beyond their presently allowed terms?

PROVISIONS (Based on Legislative Analyst information)

Proposition 45 would allow registered voters in legislative districts to submit petition signatures to the Secretary of State to permit their incumbent legislator to run for reelection and to serve for a period of no more than four years beyond the presently allowed terms, if a majority of voters approve.

Proposition 45 would permit Assembly members to run for two more two-year terms and State Senators to run for one additional four-year term.

The option could be exercised only once per legislator (regardless of position), and only in the district where the legislator currently serves.

Petitions must be filed before the end of the legislator's final term, and all signatures on the petitions must be verified to be those of registered voters in that legislator's district.

BACKGROUND

In 1990, California voters approved Proposition 140, a state constitutional amendment that limited the number of terms an elected state official could serve in the same office. As regards the Legislature, Proposition 140 limited Members of the Assembly to three two-year terms and Members of the Senate to two four-year terms. A legislator who has served his/her maximum number of terms in an office is considered "termed-out" and is ineligible for reelection.

Additional Background information provided by the League

 A legislator who has "termed out" in one office can then run for another office in his/her district of residence.

The 20 percent verified signatures requirement is the same requirement necessary to place the question of recalling a legislator on the ballot.

Amendments to the Constitution are always brought to the people for a vote.

FISCAL EFFECT

Counties would incur unknown costs for verifying the signatures on the petitions. The magnitude of these costs is unknown, but potentially up to several hundreds of thousands of dollars every other year on a statewide basis. The state would incur little or no costs for tracking the eligibility of candidates for reelection.

IMPACT OF YES OR NO VOTE

A YES vote means the state constitution would be changed to allow local registered voters to submit petitions to permit their incumbent legislators to run for reelection and to serve for a maximum of four more years beyond their presently allowed terms.

A NO vote means current term limits laws remain in place, and the terms of legislators continue to be limited to up to three two-year terms for an Assemblymember and up to two four-year terms for a Senator.

SUPPORTERS SAY

• Proposition 45 is reasonable and fair reform which recognizes the positive aspects of term limits. It is not inconsistent to support term limits but feel some legislators' terms may be too short.
• Proposition 45 restores decision making to local voters who desire to retain their own legislator for up to four additional years.
• Experienced lawmakers are needed to protect public health and safety and to oversee the $100 billion California budget.
• Proposition 45 was drafted by local community and business groups and has the support of a broad coalition of respected political reform organizations.

OPPONENTS SAY

• Proposition 45 destroys term limits, since incumbents have a great advantage for re-election.
• Proposition 45 allows career politicians and their special interest allies to expand their stranglehold on power.
• Proposition 45 is not a citizens' rights issue since special interests financed the petition drive to place it on the ballot.
• Proposition 45 is just a scam that will create a loophole in campaign finance reform.

SUPPORTERS AND OPPONENTS

Ballot arguments in favor are signed by Dan Terry, President, California Professional Firefighters; Hank Locayo, President, Congress of California Seniors; Kay McVay, President, California Nurses Association.

Ballot arguments against are signed by Richard Riordan, former Mayor of Los Angeles; Lewis K. Uhler, President, National Tax Limitation Committee; Edna Gonzalez, President, "Stop the Politicians."

For more information:

Supporters:

Joe Camicia, (916) 442-2952, Yes on 45, www.petitionrights.org

Opponents:

Todd McCauley, (916) 786-9400, No on 45:Stop the Politicians, www.stopthepoliticians.org

For more information, see Smart Voter Proposition 45.

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