Limiting Congressional Terms. Proposed U.S. Constitutional Amendment. Initiative Statute.
	Analysis by the Legislative Analyst

Background

The Congress of the United States consists of the Senate and the House of Representatives. California's delegation to Congress consists of two senators and 52 representatives. Senators are elected for a term of six years and representatives are elected for a term of two years. The United States Constitution sets the general qualifications and duties of Members of Congress.

Federal law does not limit the number of terms a person may be elected to serve as a senator or representative in Congress. In 1992, California voters adopted Proposition 164, which established term limits for California's senators and representatives in Congress. However, Proposition 164 is not likely to go into effect. This is because the United States Supreme Court ruled, in a case involving similar limits established by other states, that the qualifications of office for federal elective officials may be changed only by amendment to the United States Constitution.

Congress can propose amendments to the United States Constitution with the approval of two-thirds of the Members of both Houses. All amendments must ultimately be ratified by three-fourths of the states before they can become part of the United States Constitution.

Proposal

This proposition declares that it is the official position of the People of California that its elected officials should vote to amend the United States Constitution to limit a person to no more than two terms (or a total of 12 years) as a senator and no more than three terms (or six years) as a representative. The measure instructs the California Legislature to ask Congress to enact such an amendment. If an amendment is proposed by Congress, the measure instructs the Members of the Legislature to vote to ratify it.

The measure requires that voters be informed if a candidate for Congress or the State Senate or Assembly has failed to support the congressional term limit amendment. Specifically, all election ballots for a candidate for Congress or the State Legislature shall include the statement "Disregarded Voters' Instruction on Term Limits" if the candidate, as an officeholder in Congress or the California Legislature, voted against or failed to support the request for the constitutional amendment or failed to vote for the amendment if it is sent to the states to be ratified. Thus, the proposition essentially requires that the votes of a Member of Congress or the Legislature, including procedural votes taken during hearings, be evaluated to determine whether the Member supported the term limits proposed in this measure.

A person who is a candidate seeking election to Congress or the State Senate or Assembly who is not an incumbent would be allowed to sign a "Term Limits Pledge" to support the proposed limits on congressional terms. If the candidate does not sign this pledge, the statement "Declined to Pledge to Support Term Limits" would be placed next to the candidate's name on the ballot.

The proposition requires that the California Secretary of State, who oversees the state's elections, determine whether one of the two statements should be placed next to a candidate's name on the ballot.

Fiscal Effect

The proposition would result in additional costs to the Secretary of State to track and review the voting records of Members of Congress and the Legislature regarding term limits, and to make the determinations described above regarding ballot statements. In addition, the measure would result in additional costs to counties to add the statements to the ballots. The costs to the Secretary of State and the counties would be relatively minor.