State legislatures with term limits

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Voting on Term Limits
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State legislative term limits
Gubernatorial term limits

Features of State Legislatures

2012 Session Topics • Standing committees analysis for 2011-2012 session • Length of terms of state representatives • How vacancies are filled in state legislatures • States with a full-time legislature • State legislatures with term limits • Comparison of state legislative salaries • When state legislators assume office after a general election • Population represented by state legislators • State constitutional articles governing state legislatures • State legislative sessions • Resign-to-run laws

In 15 state legislatures, state legislators are subject to term limits. Voters in six additional states voted to have term limits, but in two cases, the state legislature voted to nullify the limits imposed by voters and in four other states, courts nullified the voter-imposed limits, primarily for technical reasons.

In the United States, there are 1,971 state senate seats and 5,413 state house seats. 562 of the 1,971 state senate seats, or 28.5%, come with a limit. 1,368 of the 5,413 state house seats, or 25%, come with a limit. Of the total of 7,384 state legislative seats, 1,930 (26.1%) are limited.

Lifetime versus consecutive

Legislative term limits can be either lifetime or consecutive. In the nine states where the limits are consecutive, once a state legislator has served the maximum number of terms in office, he or she, if eligible, can run for office for the state's other legislative chamber, or leave the legislature. After a period of time no longer in office in a particular legislative chamber, however, the legislator is allowed to run again for office in that legislative chamber. The period of time that a legislator must be out of office before being able to run again is usually two years.

In six of the 15 states with limits on state legislators, the limit is a lifetime limit. These states are Arkansas, California, Michigan, Missouri, Nevada and Oklahoma. In these states, once a legislator has served the maximum allowable number of terms in a particular legislative chamber, they may never again run for or hold office in that particular chamber.^[1]

States with legislative limits

State legislature	Limits in effect	Year limits imposed	Year limits took effect
Arizona Legislature	H: 4 terms (8 years) S: 4 terms (8 years)	1992	H: 2000 S: 2000
Arkansas Legislature	H: 3 terms (6 years) S: 2 terms (8 years)	1992	H: 1998 S: 2000
California Legislature	A: 3 terms (6 years) S: 2 terms (8 years)	1990	A: 1996 S: 1998
Colorado Legislature	H: 4 terms (8 years) S: 2 terms (8 years)	1990	H: 1998 S: 1998
Florida Legislature	H: 4 terms (8 years) S: 2 terms (8 years)	1992	H: 2000 S: 2000
Louisiana Legislature	H: 3 terms (12 years) S: 3 terms (12 years)	1995	H: 2007 S: 2007
Maine Legislature	H: 4 terms (8 years) S: 4 terms (8 years)	1993	H: 1996 S: 1996
Michigan Legislature	H: 3 terms (6 years) S: 2 terms (8 years)	1992	H: 1998 S: 2002
Missouri Legislature	H: 4 terms (8 years) S: 2 terms (8 years)	Amendment 13 (1992) (also see: Amendment 3 (2002)	H: 2002 S: 2002
Montana Legislature	H: 4 terms (8 years) S: 2 terms (8 years)	1992	H: 2000 S: 2000
Nebraska Unicameral	S: 2 terms (8 years)	2000	S: 2008
Nevada Legislature	A: 6 terms (12 years) S: 3 terms (12 years)	Initiative passed in 1996, took effect with those elected in 1998	A: 2010 S: 2010
Ohio Legislature	H: 4 terms (8 years) S: 2 terms (8 years)	1992	H: 2000 S: 2000
Oklahoma Legislature	12 year cumulative total, in either or both	1990	2004 for both chambers
South Dakota Legislature	H: 4 terms (8 years) S: 4 terms (8 years)	1992	H: 2000 S: 2000

Impact on 2010 elections

See also: Impact of term limits on state legislative elections in 2010

2010
State senates:
Arizona • Arkansas • California Colorado • Florida • Maine Michigan • Missouri • Montana Nebraska • Nevada • Ohio Oklahoma • South Dakota
State houses:
Arizona • Arkansas • California Colorado • Florida • Maine Michigan • Missouri • Montana Nevada • Ohio Oklahoma • South Dakota
State legislatures with term limits
Term limits on the ballot

14 state senate chambers and 13 state house chambers held general elections on November 2, 2010 that include some state legislators who are unable to run for re-election in 2010 because of their state's legislative term limits.

122 state senators are termed-out in 2010. This represents 36% of the 337 total state senate seats up for election in November in the 14 term-limited state senates with elections in 2010.

253 state representatives are termed-out. This represents 20% of the 1,263 total seats up for election in November in the 13 term-limited states with elections in November 2010.

Altogether, 375 current state legislators must leave office after the November elections because of term limits. This is 23% of the 1,600 state legislative seats up for election this year in the 14 term-limited states with 2010 elections.

The Republican Party is taking more of a hit from term limits in the 2010 state legislative elections than the Democratic Party, both in terms of how many individual incumbent legislators the Republican Party is losing (190, versus 182 for the Democratic Party) and in terms of how many state legislative chambers are losing more Republicans (13, versus 10 for the Democratic Party).

Incumbents

Party	# of termed senators	# of termed representatives	Total
Democratic	55	127	182
Republican	66	124	190
Non-partisan	1	2	3

Chambers

Party	Senates with most losses	Houses with most losses	Total
Democratic	4	6	10
Republican	7	6	13
Equal D/R losses	2	1	3

Impact on party control of seats

In 2010, a total of 376 seats were termed out in state senates and state houses combined. Of those, 61 seats, or 16.2%, changed party hands. In state senates, 19 seats, or 15.7% of termed-out seats, changed party hands. In state houses, 42 seats, or 16.5% of termed-out seats, changed party hands.

Term-limited seats that changed party control in the 2010 elections
State	Senators Termed Out 2010	Representatives Termed Out 2010	Democratic Seats lost to other Parties - Senate	Republican Seats lost to other Parties - Senate	Democratic Seats lost to other Parties - House	Republican Seats lost to other Parties - House	Percent of Termed-Out Senate Seats that Changed Party	Percent of Termed-Out House Seats that Changed Party	Total Legislative Seats that Changed Party
Arizona	10	13	0	0	0	0	0%	0%	0
Arkansas	13	34	7	0	11	1	53.8%	35.3%	19
California	8	18	0	0	1	1	0%	11.1%	2
Colorado	3	8	0	0	1	0	0%	12.5%	1
Florida	7	23	0	0	0	0	0%	0%	0
Maine	4	20	1	0	5, 1	2	25%	40%	9
Michigan	29	37	3	0	6	1	10.3%	18.9%	10
Missouri	10	52	1	0	6	0	10%	11.5%	7
Montana	15	15	2	0	4	0	13.3%	26.7%	6
Nebraska	1	N/A[2]	0	0	-	-	0%	-	0
Nevada	4	10	0	0	0	0	0%	0%	0
Ohio	7	13	0	0	0	0	0%	0%	0
Oklahoma	6	4	4	0	0	0	66.7%	0%	4
South Dakota	4	8	1	0	1	1	25%	25%	3
Total:	121	255	19	0	34, 2	6	15.7%	16.5%	61

Limits overturned

By legislature

Voting on Term Limits
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State legislative term limits
Gubernatorial term limits

• The Idaho State Legislature repealed its own term limits in 2002.
• The Utah State Legislature repealed its own term limits in 2003.

By courts

• In 1997, the Massachusetts Supreme Court overturned term limits on the Massachusetts General Court in 1997.
• In 2002, the Oregon Supreme Court overturned the state's term limits on the grounds that the initiative voters approved the imposed term limits had more than one subject.
• The Washington Supreme Court voided state term limits in 1998.
• In 2004, the Wyoming Supreme Court overturned term limits imposed by the state's voters.

See also

• States with gubernatorial term limits

External links

• List of state legislative term limits from U.S. Term Limits

References

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