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Summary of April, 1997, Decision on California Term Limits

Term Limits

The United States District Court for Northern California struck down lifetime term limits for California legislators in a decision issued by Judge Claudia Wilken on April 23, 1997. Two former members and a current member of the California Assembly, along with interested constituents, filed a lawsuit claiming that California's lifetime ban on legislative service (after six years in the assembly and eight years in the senate) violated the federal Constitution. "The lifetime term limits on State legislative offices enacted by Proposition 140 impose a severe burden on Plaintiffs' First and Fourteenth Amendment rights of voting and association," concluded Judge Wilken.

Judge Wilken stayed her order pending appeal to the Ninth Circuit Court of Appeals. California's Attorney-General has announced that he intends to appeal the decision. This means that California's 1998 state legislative elections are not likely to be affected by the decision, since the Court of Appeals probably would not act prior to the date of the election.

BATES v JONES, Secretary of State of the State of California--U.S. District Court Opinion, 4/23/97

Seven other states have lifetime bans on legislative service after a specified number of terms.

Jennie Drage Bowser tracks term limits, and may be reached at 303-364-7700 or elections-info@ncsl.org.

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