How Did We Get Here?Term Limits Nationwide and in Illinois

Alden Loury, Senior Policy Analyst, BGA

Alex Gilewicz, Policy Associate, BGA

Research

• black-letter law of states for side-by-side comparison

• Similar to BGA analysis for 2013 Integrity Index

• Noted length, nature and implementation of executive and legislative term limits

• Presence of term limits in 20 largest U.S. cities and several Illinois municipalities

• Researched by law students with Kirkland & Ellis in Summer 2013, updated by Alden Loury and Alex Gilewicz

Definitions

• Absolute—Once a legislator or executive has served the number of years or terms outlined by the limits, they are ineligible to run for election to that office again.

• Consecutive—An individual may serve in a given position for the length of time set by the term limits, then must leave the position. After a period of time, the clock is reset, and the individual can serve in that same position for the same period of time.

Executive Term Limits

Legislative Term Limits

Implementation – States

• Constitutional Provision: Limits included in original draft of current constitution or in subsequent revisions of the constitution that were not clearly introduced by citizen or legislator ballot initiatives

• Initiative: Term limits amendment adopted after being placed on the ballot by citizen petition

• Referendum: Term limits amendment adopted after being placed on the ballot by the legislature

Implementation – Executive

• Constitutional Provision: 19 states• AL, AK, DE, GA, HI, IN, KS, KY, LA, MD, MS, NV, NJ, NM,

NC, OR, SD, VA, WV

• Initiative: 10 states• AZ, AR, CA, CO, FL, KY*, MI, MT, OH, WY

• Referendum: 9 states• ME, MO, NE, NC*, OK, PA, RI, SC, TN

*constitutional limit extended by ballot initiative or referendum

Implementation – Legislative

• Constitutional Provision: None

• Initiative: 13 states• AZ, AR, CA, CO, FL, ME**, MI, MO, MT, NE, NV, OH, OK

• Referendum: 3 states• LA, MO*, SD

*Missouri’s legislative limits were enacted by voter initiative and modified by a legislatively-referred amendment

**Maine’s legislative limits are statutory, not constitutional

Overturned or Ruled Unconstitutional

• Idaho: – Repealed in 2002 by the State Legislature

• Massachusetts: – Repealed in 1997 by the State Supreme Court

• Oregon:– Rule unconstitutional in 1995 and 2002 by U.S. Supreme Court and Oregon

Supreme Court, respectively

• Utah:– Repealed in 2003 by the legislature

• Washington:– Repealed in 1998 by the State Supreme Court

• Wyoming:– Repealed in 2004 by the State Supreme Court

Source: National Conference of State Legislatures

Term Limits at the Local Level

• Most of the 20 largest U.S. Cities have limits of some kind

• Chicago is the only city among the 10 largest U.S. cities with no limits of any kind

• Chicago– Richard M. Daley: 22 Years in office– Richard J. Daley: 21 Years in office– Ald. Ed Burke: 45 Years in the City Council

• New York City – Contentious two-term limits endorsed by voters three

times since 1993

Executive Limits in Largest Cities

• Absolute: 6 cities– Los Angeles, San Antonio, San Diego, Dallas, El

Paso, Memphis

• Consecutive: 8 cities– New York

City, Houston, Philadelphia, Phoenix, San Jose, Austin, Jacksonville, San Francisco

• None: 6 cities– Chicago, Indianapolis, Columbus, Fort

Worth, Charlotte, Detroit

Legislative Limits in Largest Cities

• Absolute: 6 cities– Los Angeles, San Antonio, San Diego, Dallas, El

Paso, Memphis

• Consecutive: 7 cities– New York City, Houston, Phoenix, San

Jose, Austin, Jacksonville, San Francisco

• None: 7 cities– Chicago, Philadelphia, Indianapolis, Columbus, For

t Worth, Charlotte, Detroit

Illinois Local Municipalities

• Des Plaines, Downers Grove, Lake Forest, Lombard, Niles, and Oak Lawn have all established or extended municipal term limits by referenda since 1998

• Municipal term limit referenda usually pass (12 of 13 since 1998)

• Lyons abolished their term limits this year (a previous attempt to abolish them failed in 2006)

Snapshot of Illinois

• Michael Madigan– 43 years in office– 4 years House Majority Leader– 4 years House Minority Leader– 29 years Speaker of the House

• Jim Durkin– 16 years in office– Under 1 year in leadership

• John Cullerton– 12 years in House, 23 years in Senate (35 combined years in office)– 5 years in leadership

• Christine Rodogno– 17 years in office– 5 years in leadership

Average Tenure of All Illinois General Assembly Members:8.5 years

Illinois Senate

Illinois Senate with limits

Illinois House

Illinois House with limits

Proposed Legislation in Illinois

• In the 98th General Assembly, there have been 16 Joint Resolution Constitutional Amendment proposals to introduce term limits in some form.

– 11 in House, 5 in Senate

• Since 2010, more leadership limit proposals introduced in Illinois than in any other state

• The Committee for Legislative Reform and Term Limits has been circulating petitions for a ballot initiative to be placed on the ballot in November.

Conclusions?

• No single approach to term limits; vary widely in length, form and implementation

• Legislative limits usually enacted by voter initiatives

• Term limits popular with voters; legislative limits not very popular with lawmakers

• Important to consider constitutional legality and ramifications of these efforts, as we’ve seen in Oregon, Massachusetts, Wyoming, Washington.

• Paul Hale will pick up with a focus on case law in Illinois.