NCSLNet Legislatures Elections Redistricting: Missouri Term Limits

Missouri "Scarlet Letter" Provision Found Unconstitutional

Updated 2/27/98

A federal judge ruled on February 18 that Missouri's term limits amendment is unconstitutional. The amendment approved by 58% of Missouri voters in 1996 is similar to measures approved in other states, including the Colorado "Scarlet Letter" provision which was overturned by the Colorado Supreme Court last month.

The Missouri amendment required ballots to list Congressional candidates' stands on term limits. Incumbent candidates who failed to support Congressional term limits would have the words "disregarded voters' instructions on term limits" printed next to their names. "Declined to pledge to support term limits" would appear next to the names of non-incumbent candidates who refused to take a term limits pledge.

In his ruling, U.S. District Judge D. Brook Bartlett stated that the amendment imposes unconstitutional qualifications on candidates, violates the First Amendment right to free speech, and wrongly shifts legislative powers from Congress and state lawmakers to citizens.

Missouri's attorney general filed an appeal with the 8^th U.S. Circuit Court of Appeals, hoping to reverse the ruling in time for the term limits amendment to take effect when the candidate filing period began at 8 a.m. February 24. The full court decided February 23^rd against hearing the case, which left candidates free to file for office without stating their view on term limits.

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 2/20/98 Michigan Term Limits Upheld

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

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