NCSLNet Legislatures Elections Redistricting: Michigan Term Limits Upheld

Michigan Term Limits Upheld

Updated 2/20/98

The federal District Court in Michigan ruled on February 5 that the 1992 term limits amendment to the Michigan Constitution does not violate the U.S. Constitution. The amendment sets lifetime limits of two four-year terms for the offices of governor, secretary of state, attorney general, and members of the Senate, and three two-year terms for members of the House. The term limits will affect 64 members of the House this election year. State senators and statewide elected officers won't be affected by the limits until 2002.

The court concluded that while term limits do slightly narrow the field of candidates, they do not prevent voters from electing candidates who share their views. Nor do term limits discriminate against minority or inner-city voters, since they apply to officeholders in every district. The ruling cited a U.S. Court of Appeals decision which upheld an Ohio ban on elected judges over the age of 70, as well as a decision of the 11th Circuit Court of Appeals in California concluding that a state ballot initiative may be overturned only if ballot language worked "a patent and fundamental unfairness" on voters. The Michigan term limits amendment, the court said, "imposes an insubstantial, content neutral and nondiscriminatory burden on the voting rights of plaintiffs."

The group Citizens for Legislative Choice plans to file an appeal with the U.S. 6th Circuit Court of Appeals.

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

On-line Documents

General Information - Term Limits for State Elected Officials

NEW 1/30/98 Colorado "Scarlet Letter" Provision Found Unconstitutional

1/9/98 Washington State Term Limits Found Unconstitutional

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

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

10/07/97 - California Term Limit Initiative Flawed says U.S. Court

4/97 Summary - Summary of April, 1997, Decision on CA Term Limits

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