California Proposition 93, Amendment to Term Limits Law (February 2008)

California Proposition 93, also known as the Term Limits and Legislative Reform Act, was on the February 5, 2008 statewide primary election ballot in California as an initiated constitutional amendment, where it was defeated.

If Proposition 93 had passed, members of the California State Legislature would have been allowed to remain in their current office up to 12 years. That period was longer than under existing state term limits laws for one legislative house, but two years shorter than the total lawfully allowable time in the Legislature. California lawmakers can serve 3 terms in the California State Assembly and two terms in the California State Senate for a total of 14 years. Proposition 93 sought to allow them to spend only 12 years total in office, but all in one chamber had they so chosen (and been elected).

Proposition 93 was one of seven ballot measures (along with party presidential primary contests) that California voters decided on February 5, 2008.

U.S. Term Limits opposed Proposition 93 because it lengthened the time current legislative incumbents could serve. Current legislative incumbents were the primary sponsors of Proposition 93.

Election results

Proposition 93
Result		Votes	Percentage
d No		4,574,826	53.6%
Yes		3,961,466	46.4%

History of California term limits

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California voters imposed strict term limits on the California Legislature in 1990, when they voted in favor of Proposition 140 by a margin of 52-48%. Proposition 140 limits state Assembly members to three two-year terms and state senators to two four-year terms, and imposes a lifelong ban against seeking the same office once the limits have been reached. Proposition 140 still governs how long members of the California State Assembly and California State Senate can stay in office, although there have been repeated attempts to rollback, soften or have Prop 140 declared unconstitutional.

Bates v. Jones

In the case of Bates v. Jones, Bates--a termed-out Assemblyman--sued in federal court to have the provisions of Proposition 140 declared unconstitutional. A federal court agreed with his claim, before the United States Court of Appeals for the Ninth Circuit ruled against him, keeping the limits in place.

Proposition 45 in 2002

California State Senate president pro tem John Burton (D-San Francisco) vigorously sponsored an effort in 2002 to rollback the provisions of 1990's Proposition 140 by putting Proposition 45 on the March 2002 ballot. Voters rejected Proposition 45 by a margin of 42-58%. Had Proposition 45 passed, it would have allowed state legislators to serve for four years beyond the limits allowed by Proposition 140.

Constitutional changes

If Proposition 93 had been approved, it would have:

• Amended Section 2 of Article IV.
• Amended Section 7 of Article XX.

Text of measure

Title

The ballot title was:

Limits on Legislators' Terms in Office. Initiative Constitutional Amendment.

Summary

The official summary provided to describe Proposition 93 said:

• Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years.
• Allows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both.
• Provides a transition period to allow current members to serve a total of 12 consecutive years in the house in which they are currently serving, regardless of any prior service in another house.

Fiscal impact

See also: Fiscal impact statement

The fiscal estimate provided by the California Legislative Analyst's Office said:

• "This measure would have no direct fiscal effect on state or local governments."

Support

"Yes on 93" website banner

Supporters

The official voter guide arguments in favor of Proposition 93 were signed by:

• Betty Jo Toccoli, president, California Small Business Association
• Richard Riordan, Former California Education Secretary
• Susan Smartt, executive director, California League of Conservation Voters
• Liane M. Randolph, former chairman, California Fair Political Practices Commission
• Rick Mattos, president, California Association of Highway Patrolmen
• Elizabeth M. Perry, Public Policy Director, Older Women’s League of California

California State Assembly Speaker Fabian Nunez and California State Senate President Don Perata were two key political backers of the measure. With Proposition 93's defeat, both had to leave office.

Gov. Schwarzenegger endorsed Proposition 93, saying voters went "too far" with term limits in the past. He also argued that if the redistricting initiative passes and new limits were placed on political funding, the term limits extension wouldn't be necessary.

Arguments in favor

Supporters of Proposition 93 made these arguments in its favor in the state's official voter guide:

• "Proposition 93 reforms California’s 17-year-old term limits law to make the Legislature more effective. This thoughtful proposition strikes a reasonable balance between the need to elect new people with fresh ideas, and the need for experienced legislators with the knowledge and expertise to solve the complex problems facing our state."
• "[It's] simple but important adjustments [to the existing law] will let legislators spend more time working for taxpayers, and less time worrying about which office to run for next."
• "An independent study by the nonpartisan Public Policy Institute of California (PPIC) found that term limits have produced important benefits, but 'have been accompanied by unintended consequences [that] diminish the Legislature’s capacity to perform its basic duties.' The study found term limits increased the potential for 'fiscal irresponsibility' in the Legislature, while providing 'less incentive, experience, and leadership to correct it.' Rapid turnover in the Legislature has also reduced 'expertise in many important policy areas.'"
• "Allowing legislators to serve 12 years in either the State Assembly or State Senate will let them gain experience and expertise—essential for dealing with complicated public policy issues with long-term consequences. Committees will be led by experienced lawmakers who can better oversee state bureaucrats. And more legislators will focus on California’s long-term needs, instead of their own short-term careers."

Donors

$16,840,223 was contributed to the campaign in favor of a "yes" vote on Proposition 93.

Donors of $150,000 or more were:

Donor	Amount
California State Council of Service Employees	$2,227,646
California Teachers Association	$1,750,100
Committee to Protect California's Future	$1,145,000
AFSCME	$800,000
SEIU	$800,000
California Democratic Party	$575,219
PHRMA	$500,000
California Hospital Association	$350,000
Professional Engineers in California Government	$250,000
California Dental Association	$250,000
AT&T	$250,000
Los Angeles Casinos PAC	$250,000
Girardi and Keese	$225,000
Mercury General Corp.	$200,000
Southern California Edison	$175,000
Cotchett, Pitre, Simon & McCarthy	$162,500
Zenith Insurance	$150,000
Southwest Regional Council of Carpenters	$150,000

The San Diego Union-Tribune editorialized on December 24, 2007 that Gov. Schwarzenegger and Fabian Nuñez rounded up union support for a health care bill in the state by giving unions "huge, unscrutinized concessions" in exchange for donations from SEIU and AFSCME to the pro-Prop 93 camp totalling $1.7 million.

See also: Large donors supporting California Proposition 93

Opposition

"No on 93" website banner

Opponents

California State Insurance Commissioner Steve Poizner announced in early November 2007 that he would lead the charge against Proposition 93. Poizner said that Proposition 93 is a "naked power grab" by legislative incumbents.,

The official voter guide arguments opposing Proposition 93 were signed by:

• Lew Uhler, president, National Tax Limitation Committee
• Julie Vandermost, president, California Women’s Leadership Association
• Timothy J. Escobar, vice-president, U.S. Term Limits
• Martha Montelongo, vice-president, California Term Limits Defense Fund
• Jon Coupal, president, Howard Jarvis Taxpayers Association
• Steve Poizner.

At least 26 GOP legislators publicly opposed Proposition 93, including former Gov. Pete Wilson.

The powerful California Chamber of Commerce voted in mid-December to oppose Proposition 93.

Arguments against

Opponents of Proposition 93 made these arguments against it in the state's official voter guide:

• "Proposition 93 is a scam that would actually lengthen politicians’ terms in office. It is intentionally deceptive because it claims to toughen term limits when it would in fact cripple term limits."
• "It’s written by career politicians and funded by millions of dollars from special interests with business before the Legislature."
• "Proposition 93 has a special loophole that benefits 42 incumbent politicians who are termed out by giving them more time in office. Some politicians will even be able to serve up to 20 years in office—just like before we passed term limits."
• "Proposition 93 will dramatically increase terms for more than 80% of state legislators. Politicians will have more time to develop cozy relationships with lobbyists."
• "Proposition 93 sets back the clock and limits opportunities for more women and minorities to be elected to the Legislature."

Donors

$8,958,926 was contributed to the campaign in favor of a "no" vote on Proposition 93.

Donors of $100,000 or more were:

Donor	Amount
Poizner Family Trust	$2,300,000
California Correctional Peace Officers Association	$2,000,000
U.S. Term Limits	$1,500,000
William E. Bloomfield, Jr.	$350,000
Charles Munger, Jr.	$150,000
Brian Harvey	$100,000
Reed Hastings	$99,228

See also: Large donors opposing California Proposition 93

Campaign tactics

Proposition 93 opponents toured the state with a Trojan Horse

The Ballot Initiative Strategy Center and the California League of Conservation Voters sent a letter to the "No on 93" campaign demanding that donors from U.S. Term Limits be revealed, and asserting that in their view, Howie Rich was behind the opposition to Proposition 93. According to an article in Capital Weekly the "focus on Rich marks a tactical change in the fight over Proposition 93. Proponents are hoping that voters will support the measure when they learn who the initiative’s opponents are."

The change from focusing on the issue to focusing on campaign finance was attributed to the lackluster support of the California Democratic Party with nearly half of the E-board voting to stay neutral on the topic.

At the same time, opponents of Proposition 93 focused on recent scandals about the two main sponsors of Proposition 93: California House speaker Fabian Nunez, and state Senate president Don Perata.,

Public opinion polling

See also Polls, 2008 ballot measures.

A poll released in January 2008 by Field Poll showed that support for Proposition 93 had declined from 59 percent in favor in October 2007 to 39 percent in favor by mid-January 2008. The same poll showed that 2/3 of likely votes had heard of Proposition 93 by mid-January, while in December 2007, only 25% of likely voters were aware of the measure.

Date of Poll	In favor	Opposed	Undecided
August 2007	59%	30%	11%
October 2007	49%	31%	20%
December 2007	50%	32%	18%
January 2008	39%	39%	22%
February 2008	33%	46%	21%

2008 propositions
February 5
Proposition 91 • Proposition 92
Proposition 93 • Proposition 94
Proposition 95 • Proposition 96
Proposition 97
June 3
Proposition 98 • Proposition 99
November 4
Proposition 1A • Proposition 2
Proposition 3 • Proposition 4
Proposition 5 • Proposition 6
Proposition 7 • Proposition 8
Proposition 9 • Proposition 10
Proposition 11 • Proposition 12
Local measures

Field Poll director Mark DiCamillo theorized that support for the measure weakened because "...the target audience of the (measure's) backers has backed off a bit. They are a little less convinced about the ballot measure."

According to "No on 93" spokesman Kevin Spillane, support for 93 was highest when poll respondents were read the ballot title for the measure, and lowest when they were told that current legislative incumbents were the main advocates of Proposition 93. Spillane also said that the ballot title given to Proposition 93 by California Attorney General Jerry Brown amounted to "a political contribution worth several million dollars."

In February there was a sharp drop in polls as Republican's oppose the measure 2-1 or 56 percent to 27 percent. The drop of support from the Republicans for the initiative came when it was cast as a partisan scam to keep Democrats in power.

Editorial opinion

"Yes on 93"

• The Los Angeles Times encouraged its readers to endorse Proposition 93, saying, "The term-limits measure would reward a few lawmakers now, but it's right for the state's future."
• The San Francisco Bay Guardian supported Proposition 93, saying, "It's a bit better than what we have now — it might bring more long-term focus to the legislature and eliminate some of the musical-chairs mess that's brought us the Mark Leno versus Carole Migden bloodbath."
• The Pasadena Star News supported Proposition 93.
• The Monterey County Herald urged a "yes" vote on Proposition 93, arguing that "suddenly removing dozens of veteran legislators will do nothing at all to solve the many large and complicated issues on the legislative agenda".

"No on 93"

• The Long Beach Press-Telegram urged its readers to vote "no" on Proposition 93, saying, "Two of the termed-out politicians chiefly responsible for the fiscal 911 call California made recently in hopes of rescuing its drowning budget want a chance to stay in office six years longer than voters intended."
• The San Jose Mercury News opposed to Proposition 93.
• The Fresno Bee opposed Proposition 93.
• The Tracy Press urged a "no" vote on Proposition 93, calling it "an ugly attempt at term limits 'reform'"
• The San Francisco Chronicle urged a "no" vote on Proposition 93, saying it is "the people in power taking care of themselves".
• The Redding Record Searchlight opposed to Proposition 93, saying that it "a self-serving scheme" by legislative incumbents.
• The North Country Times, while saying that it generally opposed term limits, argued that Proposition 93 is not the reform they believe is needed, and urged their readers to reject it.
• The Los Angeles Daily News opined that Gov. Schwarzenegger's change-of-heart on Proposition 93 is illogical, "feeble", and a "a blatant case of flip-flopping and dishonesty on the governor's part."
• The Modesto Bee was against Proposition 93, saying that the "state government is rigidly partisan and increasingly ineffective."
• The Record Net was against Proposition 93, saying it is "just a disingenuous gambit by some of the state's most powerful elected officials to retain control and extend their longevity."
• The Ventura County Star opposed Proposition 93, saying that even though they don't like term limits, "Proposition 93 isn't a bad idea, until voters sniff out how self-serving it really is. Then it smells so bad, even plugging your nose doesn't eliminate the stench."

Path to the ballot

See also: California signature requirements

As an initiated constitutional amendment, 694,354 signatures were required to qualify Proposition 93 for the ballot.

The signatures were collected by Kimball Petition Management at a cost of $2,238,537.89.

See also: California ballot initiative petition signature costs

See also

• California 2008 ballot propositions
• Laws governing the initiative process in California
• Campaign finance requirements for California ballot measures

External links

Suggest a link

• Official Voter Information Guide : Proposition 93
• PDF of the mailed February 5, 2008 voter guide for Propositions 91-93
• February 5, 2008 ballot proposition election returns
• Proposition 93 in the Smart Voter Guide
• Analysis of Proposition 93 from the Institute of Governmental Studies
• Guide to Proposition 93 from the California Voter Foundation
• Summary of donors to and against 93 from Cal-Access
• Donors for and against Proposition 93 from Follow The Money
• "Yes on 93" campaign website (archival)
• "Stop Prop 93" (archival)
• "Stop the Politicians", a "No on 93" website (archival)

Additional reading

• Field Poll: Smaller majority now favoring Proposition 93 term limits initiative; polling questions asked
• How have term limits affected the California legislature?
• Political families circumvent California's term limits
• Ballot analysis of Proposition 93 from San Francisco Planning and Urban Research Association (SPUR)
• Bringing lawmakers to terms Wall Street Journal
• Money Issues on the Ballot in California New York Times, February 3, 2008
• Term-limit measure may confuse voters, SignOnSanDiego, Dec. 3, 2007
• Democrats shoot themselves in the hoof, Los Angeles Times, Nov. 12, 2007]
• The wrong way to reform term limits, Los Angeles Times, Dec. 12, 2007
• Assembly speaker struggles to extend his term, hold powerful seat, San Jose Mercury News, Dec. 30, 2007
• Term-limit issue tests voters, Daily Breeze, Jan. 6, 2008
• A Fast Moving Proposal to Extend Legislative Term Limits, California Chronicle, Jan. 5, 2008
• A deceptive Proposition 93 Debra Saunders, San Francisco Chronicle, January 10, 2008
• Proposition 93 is a toss-up, poll shows, Los Angeles Times, Jan. 30, 2008
• Proposition 93: Employment insurance for deceptive pols, Daily Bulletin, Feb. 2, 2008