NCSLNet Legislatures Elections Redistricting: Washington Term Limits Unconstitutional

Washington State Term Limits Found Unconstitutional

Updated 1/6/02

On Thursday, January 8, the Washington Supreme Court ruled 6-2 (one Justice not participating) that the state's term limits law is unconstitutional, overturning an initiative approved by voters in 1992. Initiative 573 created a statute S - RC WA Section 44.04.015 limiting terms for state legislators, the lieutenant governor and the governor. The Court ruled that term limits constitute a qualification for office and that "A statute, whether adopted by the Legislature or by the people, may not add qualifications for state constitutional officers where the Constitution sets those qualifications." The Court asserted that term limits only could be enacted "through the process for constitutional amendment" set out in the Washington Constitution. Constitutional amendments in Washington require two-thirds votes in both houses of the Legislature and approval by the people.

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

2/20/98 Michigan Term Limits Upheld

1/30/98 Colorado "Scarlet Letter" Provision 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