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Idaho Supreme Court Upholds Term Limits

On December 13, 2001, the Idaho State Supreme Court issued a ruling upholding the constitutionality of Idaho's term limits for legislators, as well as limits for state, county, municipal and school district elected officials. This decision overturned a lower court ruling.

The lower court had overturned term limits on the grounds that they violated the right of suffrage as established by the Idaho Constitution. The court made that ruling by finding that the right of suffrage included the right of ballot access and the right to hold office. The Supreme Court disagreed with the lower court, saying that suffrage did not include the rights of ballot access and holding access, saying, "...while the right of suffrage might be broader than simply the right to vote, it is not so broad that it encompasses the right to hold office." The court went on to say that establishing term limits for elected officials is, "a valid exercise of the power vested in the legislature and the people by the Idaho Constitution."

A second argument in the case centered on the right of equal protection. Plaintiffs argued that term limits violated the rights of those candidates who were precluded from having their names placed on the ballot. The court disagreed, arguing that "the challenged statutes are not discriminatory," but rather that they "apply equally to all candidates based on the number of years served."

Idaho's term limits for legislators will kick in with the 2004 elections. Legislators will be barred from re-election if they have served in the same office for eight of the previous fifteen years. Including Idaho, nineteen states have term limits for legislators. Oregon's term limits are currently under challenge before the state's supreme court.

Click here to view the Idaho Supreme Court's opinion.

For More Information on Term Limits

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