LEGISLATIVE TERM LIMITS. LOCAL VOTER PETITIONS

Legislative 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?

THE SITUATION

In 1990, voters approved Proposition 140, a state constitutional amendment limiting the number of terms an elected state official could serve in the same office. After serving a total of six years in the Assembly or eight years in the Senate, the legislator was deemed “termed-out” and was not eligible to run again for that office.

THE PROPOSAL

This initiative would adjust current term limits to allow registered voters to petition the Secretary of State to permit their incumbent legislator to run for reelection and to serve for no more than four years, if a majority of voters approve. Assembly members could then run for two more two-year terms and State Senators for one additional four-year term.

The option could be exercised only once per legislator 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 belong to registered voters in that legislator’s district.

The verified signatures would need to equal in number 20 percent of the ballots cast for that office in the preceding general election.

FISCAL EFFECT

The Legislative Analyst’s Office says costs to verify petition signatures would be born by the counties. Statewide, however, it could cost several hundreds of thousands of dollars every other year. Costs to track the eligibility of candidates for reelection would be minimal.

SUPPORTERS SAY

• The proposition is reasonable and fair reform, which recognizes the positive aspects of term limits.
• Prop 45 Restores decision making to local voters who desire to retain their own legislator.
• Local community/business groups drafted the measure and it has support from respected political reform organizations.

OPPONENTS SAY

• This would destroy term limits since incumbents have a great advantage for reelection.
• It would allow career politicians and their special interest allies to expand their stranglehold on power.
• Prop 45 is not a citizens’ rights issue since special interests financed the measure.

For more information:

Supporters: Karin Caves, (916) 443-3416, Yes on 45 or www.petitionrights.org

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

See also Smart Voter Proposition 45 and "In Depth".

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