How Did We Get Here? Term Limits Nationwide and in Illinois
- 1. How Did We Get Here? Term Limits Nationwide and in Illinois Alden Loury, Senior Policy Analyst, BGA Alex Gilewicz, Policy Associate, BGA
- 2. 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
- 3. 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.
- 6. 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
- 7. 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
- 8. 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
- 9. Overturned or Ruled Unconstitutional • Idaho: – Repealed in 2002 by the State Legislature • Massachusetts: – Repealed in 1997 by the State Supreme Court • Oregon: – Rule unconstitutional in 1995 and 2002 by U.S. Supreme Court and Oregon Supreme Court, respectively • Utah: – Repealed in 2003 by the legislature • Washington: – Repealed in 1998 by the State Supreme Court • Wyoming: – Repealed in 2004 by the State Supreme Court Source: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
- 10. 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
- 11. 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
- 12. 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
- 13. 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)
- 14. 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
- 15. Illinois Senate
- 16. Illinois Senate with limits
- 17. Illinois House
- 18. Illinois House with limits
- 19. 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.
- 20. 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.