Term-limit movement is running out of steam: the popularity of term limits has peaked, and in fact is reversing course at the state level.

AuthorPeterson, Kavan

Just as Wyoming's term-limit law would claim its first victims this year, two 12-year veterans of the Legislature are suing to challenge the constitutionality of the state law that would force them out of office.

If they prevail, Wyoming would become the sixth of 21 states that adopted the popular government reform in the 1990s to reverse course and rescind term limits. The action in Wyoming is the latest sign that the drive to use term limits to try to break the grip of special interests and entrenched lawmakers has peaked and, in fact, is reversing course at the state level.

Already, term limits adopted in Idaho, Massachusetts, Oregon, Utah and Washington have been repealed or thrown out by courts as a result of vigorous resistance by the term-limited lawmakers. "In virtually every state that has term limits, the legislature has at least attempted to eliminate of alter them," said Gary Moncrief, political science professor at Boise State University in Idaho.

Although term limits were rejected by voters in Mississippi and North Dakota, they are often supported by a majority of voters. Moncrief said, however, the drive to restrict legislators' terms has run its course. That is largely because it was a voter-driven movement whose success was confined to states where voters could bypass the legislature and put the issue directly on the ballot, he says.

Of the 21 states that adopted term limits, all but two passed them through the public ballot initiative process, which exists in only 25 states. Utah lawmakers imposed term limits on themselves in 1994 in an effort to head off a more restrictive ballot initiative.

Because the law was statutory and not in the constitution like in most states, the Legislature was able to repeal it in 2003. Louisiana legislators voluntarily imposed term limits on themselves in 1995 during a widespread corruption scandal. Term limits were passed there after several lawmakers were videotaped receiving casino-related payoffs on the floor of the Legislature. Louisiana tried and failed to rescind its term limits last year.

WYOMING STATUTE DIFFICULT TO DEFEND

Wyoming's law, adopted in 1992, limits lawmakers to 12 years of service: three terms in the Senate of six terms in the House. Term-limited lawmakers can be returned to office after a four-year break.

"We don't think it's constitutional to take away our constituents' right to decide who serves them and how long," said Wyoming Representative Rodney "Pete" Anderson...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT