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– Repealed in 2002 by the State Legislature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– Repealed in 1997 by the State Supreme Court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– Repealed in 2003 by the legislature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– Repealed in 1998 by the State Supreme Court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.

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

  • 1.
    How Did WeGet Here? Term Limits Nationwide and in Illinois Alden Loury, Senior Policy Analyst, BGA Alex Gilewicz, Policy Associate, BGA
  • 2.
    Research • black-letter lawof 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 alegislator 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.
  • 4.
  • 5.
  • 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 RuledUnconstitutional • 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 atthe 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 inLargest 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 inLargest 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.
  • 16.
  • 17.
  • 18.
  • 19.
    Proposed Legislation inIllinois • 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 singleapproach 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.