NCSLNet Legislatures Elections Redistricting: California Term Limits Initiative Flawed

California Term Limit Initiative Flawed says U.S. Court

In a 2-1 decision, the 9th U.S. Circuit Court of Appeals on Tuesday, October 7th, struck down California's term limits law, saying that the 1990 voter initiative that created the law failed "to provide adequate notice to voters that it would severely burden the people's fundamental rights" by imposing a lifetime ban on running for office after a legislator has reached the term limit. The decision affirms the April, 1997, decision of a U.S. District Court but does not take a position on whether a state can impose lifetime ban when proper notice about the intent of the law is provided. "We affirm the judgment, but not the rationale, of the district court. We do not decide whether a state may adopt lifetime term limits for its legislators without violating the Constitution," says Judge Reinhardt. Secretary of State Bill Jones has appealed the decision to the U.S. Supreme Court. Some analysts speculate that the Supreme Court may decline to hear this appeal due to the technical focus of the decision. For more information on the case or for a copy of the decision, contact Jennie Drage Bowserat NCSL's Denver office.

Summary of April 1997, Decision on CA Term Limits

NEW 12/19/97 Federal Appeals Court Reversal Upholds California Term Limits

NEW 10/16/97 U.S. Supreme Court Rejects Term Limits Appeal

General Information - Term Limits for State Elected Officials

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