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Arkansas Issue 2, Change State Legislative Term Limits Amendment (2020)
Arkansas Issue 2 | |
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Election date November 3, 2020 | |
Topic Term limits and State legislatures measures | |
Status![]() | |
Type Constitutional amendment | Origin State legislature |
Arkansas Issue 2, the State Legislative Term Limits Amendment, was on the ballot in Arkansas as a legislatively referred constitutional amendment on November 3, 2020. It was approved.
A "yes" vote supported this measure to impose term limits of twelve consecutive years for state legislators with the opportunity to return after a four-year break. |
A "no" vote opposed this measure, thereby keeping the state's current 16-year lifetime term limit for state legislators. |
Election results
Arkansas Issue 2 |
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Result | Votes | Percentage | ||
647,861 | 55.38% | |||
No | 521,979 | 44.62% |
Overview
What are term limits?
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. There are different types of term limits. Sometimes, there is an absolute limit on the number of terms a person can serve, while in other cases, the restrictions are on the number of consecutive terms.
What is the history of term limits in Arkansas?
Arkansas voted on term limits most recently in 2014. Issue 3, approved in 2014, established the current term limits on state legislators, allowing state senators and state representatives to serve up to 16 years in the Arkansas General Assembly. The passage of Issue 3 in 2014 doubled the amount of time a lawmaker could stay in the Arkansas Senate and more than doubled the amount of time a lawmaker could stay in the House. Before 2014, term limits established under Issue 4 in 1992 allowed representatives to serve up to three two-year terms and allowed senators to serve up to two four-year terms.
In 2018, a citizen initiative sponsored by the Arkansas Term Limits Ballot Question Committee was certified for the ballot but was later invalidated after the state supreme court found that thousands of signatures gathered to qualify the measure for the ballot were not valid and should not have been counted. The committee is circulating an identical measure targeting the 2020 ballot. The proposed citizen initiative would establish term limits of six years for state representatives and eight years for state senators.
What did Issue 2 change?
This measure changed term limits of state legislators to twelve consecutive years with the opportunity to return after a four-year break. The 12-year limit applied to anyone elected in 2021 or after. As of 2019, Arkansas legislators could serve up to 16 years throughout their lifetimes in the House or Senate. Those first elected to the legislature before 2021 kept the state's existing term limit of 16 years except that they were eligible to run for election again after four years had passed under the amendment.[1][2]
The chart below shows legislative term limit requirements in Arkansas (1) before 2014, (2) current requirements after the adoption of Issue 3 in 2014, (3) requirements proposed under Issue 2, and (4) requirements under a proposed 2020 citizen initiative.
Before 2014 | After 2014 (current) | With 2020 initiative | With 2020 leg. referral | |
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For Representatives | Six years | N/A | Six years | N/A |
For Senators | Eight years | N/A | Eight years | N/A |
General Assembly (combined) | 14 years | 16-year lifetime limit | 10 year lifetime limit | 12 consecutive years - 4-year break |
Source | Citizen initiative (1992) | Legislatively referred (2014) | Citizen initiative (2020 potential) | Legislatively referred (2020) |
Text of measure
Ballot title
The ballot title for Issue 2 was as follows:[1]
“ |
A constitutional amendment to be known as the "Arkansas Term Limits Amendment"; and amending the term limits applicable to members of the General Assembly.[3] |
” |
Ballot summary
The ballot summary, also called the Popular Name, of Issue 2 was as follows:[1]
“ |
A Constitutional Amendment to Amend the Term Limits Applicable to Members of the General Assembly, to be Known as the "Arkansas Term Limits Amendment"[3] |
” |
Constitutional changes
- See also: Arkansas Constitution
Issue 2 amended Section 2 of Amendment 73 of the Arkansas Constitution. The following underlined text was added and struck-through text was deleted.
Note: Hover over the text and scroll to see the full text.
Readability score
- See also: Ballot measure readability scores, 2019
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support
Sponsors
The amendment was sponsored in the Senate by Sen. Alan Clark (R-13) and in the House by Rep. Jim Dotson (R-93).
Supporters
Officials
- Arkansas State Senator Alan Clark (R)
- Arkansas State Representative Jim Dotson (R)
Arguments
Opposition
Opponents
Organizations
Arguments
Campaign finance
Ballotpedia identified two committees in opposition to the measure: Citizens in Charge and Liberty Initiative Fund. Together, the committees reported $26,300 in contributions and $26,300 in expenditures. Both committees are also registered to oppose Issue 3.[4]
If you are aware of a committee registered to support this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $24,300.00 | $2,000.00 | $26,300.00 | $24,300.00 | $26,300.00 |
Total | $24,300.00 | $2,000.00 | $26,300.00 | $24,300.00 | $26,300.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the measure.[4]
Committees in opposition to Issue 2 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Citizens in Charge | $17,900.00 | $0.00 | $17,900.00 | $17,900.00 | $17,900.00 |
Liberty Initiative Fund | $6,400.00 | $2,000.00 | $8,400.00 | $6,400.00 | $8,400.00 |
Total | $24,300.00 | $2,000.00 | $26,300.00 | $24,300.00 | $26,300.00 |
Donors
The following were the top donors to the opposition campaign.[4]
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Polls
In an October 2020 poll by Talk Business & Politics and Hendrix College, 647 likely voters were asked the following question:[5]
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Also on the ballot this November is a proposed amendment to the Arkansas Constitution regarding term limits, known as Issue 2. Issue 2 would amend the term limits applicable to members of the General Assembly, and is known as the “Arkansas Term Limits Amendment.” If the election were being held today, would you vote for or against Issue 2?[3] |
” |
Poll results are shown below:
Arkansas Issue 2 | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
Talk Business & Politics and Hendrix College poll 10/11/20 - 10/13/20 | 48.0% | 28.0% | 24.0% | +/-4.9 | 647 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
Background
Term limits
- See also: Term limits on the ballot
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. There are different types of term limits. Sometimes, there is an absolute limit on the number of terms a person can serve, while in other cases, the restrictions are merely on the number of consecutive terms.
History of term limits in Arkansas
Timeline, Arkansas state legislature term limits measures
- 1992: Proposed Amendment 4 approved
- Established term limits for state executives, state representatives, and state senators; attempted to establish term limits for U.S. Congress members
- 1995: U.S. Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton
- Overturned portion of Proposed Amendment 4 that attempted to establish term limits for members of Congress
- 2004: Proposed Amendment 1 defeated
- Attempted to extend term limits for state senators and state representatives
- 2014: Issue 3 approved
- Extended term limits for state senators and state representatives to a maximum of 16 years
Proposed Amendment 4, 1992
In 1992, Arkansas voters approved Proposed Amendment 4, establishing term limits for state officeholders through an initiated constitutional amendment that passed with 60 percent of the vote. Under the amendment, state executives and state senators were limited to two four-year terms, while state representatives were limited to three two-year terms. The amendment was also designed to impose limits on members of the U.S. House and Senate from Arkansas. However, the U.S. Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton in 1995 that states could not impose stricter qualifications on members of Congress than those established by the U.S. Constitution.
Proposed Amendment 1, 2004
The Arkansas General Assembly referred a measure known as Proposed Amendment 1 to the ballot in 2004 that would have extended the term limits for state senators to three four-year terms and for state representatives to six two-year terms. The measure was defeated by 70 percent of voters, leaving the limits established under Amendment 4 in place.
Issue 3, 2014
In 2014, the Arkansas General Assembly referred Issue 3 to the ballot, a constitutional amendment designed to extend term limits for members of the state House and the state Senate and to limit lobbying efforts by former legislators as well as campaign donations and gifts from lobbyists. The measure also established an appointive seven-member commission to determine the salaries of state officials. The measure was approved with 52 percent of the vote.
Issue 3 overturned the existing term limits established under Issue 4 in 1992, allowing state senators and state representatives to serve up to 16 years in the Arkansas General Assembly.
Issue 3 of 2018
This initiative is identical to Issue 3 of 2018. Issue 3 was originally filed by Thomas Steele. The attorney general certified the ballot title in Opinion 2016-105 and approved the initiative for signature gathering on October 28, 2016.[6] On August 3, 2018, the Arkansas Secretary of State's office announced that Issue 3 had qualified for the 2018 ballot after proponents submitted 93,998 valid signatures. A total of 84,859 were needed to qualify. On October 19, 2018, the Supreme Court ruled that thousands of signatures gathered to qualify the measure for the ballot were not valid and should not have been counted. The Supreme Court ordered elections officials not to count any votes cast for Issue 3 in the 2018 general election.
Term limits in state legislatures across the U.S.
As of 2018, fifteen state legislatures had term limits for legislators.
Hover over the map below to compare term limits by state.
All votes on state term limits in Arkansas
The chart below shows all state ballot measures related to term limits that have gone before Arkansas voters.
Year | Measure | Type | Primary purpose | Outcome | "Yes" vote percentage |
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1944 | Proposed Amendment 38 | Initiative | 4-year limit for governor/lieutenant governor | ![]() |
42.18% |
1950 | Proposed Amendment 44 | Initiative | 4-year limit for state and county officers | ![]() |
35.42% |
1984 | Proposed Amendment 64 | Initiative | 4-year limit for state executive offices | ![]() |
64.25% |
1992 | Proposed Amendment 4 | Initiative | 2-term limit for state executives/senators; 3-term limit for state representatives | ![]() |
59.91% |
1996 | Proposed Amendment 9 | Initiative | Term limits for U.S. Congress members; notation for candidates who decline to support term limits | ![]() ![]() |
61.21% |
2004 | Proposed Amendment 1 | Referral | Extend limits to six terms (House) and three terms (Senate) | ![]() |
29.86% |
2014 | Issue 3 | Referral | Extend limits to 16 years (House and Senate) | ![]() |
52.43% |
Early history of term limits
- See also: Use of term limits
Term limits have a long history: ancient Greece and ancient Rome, two early civilizations which had elected political offices, both imposed limits on some positions. In ancient Athenian democracy, no citizen could serve on the boule more than twice or be head of the boule more than once. In the Roman Republic, a law was passed imposing a limit of a single term on the office of Censor.
Many modern presidential republics employ term limits for their highest offices. The United States, one of the first countries of the modern era to have elected political offices, has a limit of two terms on its presidency, and on a number of other political offices as well, such as state governors and some state legislators.
Countries which operate a parliamentary system of government are less likely to employ term limits on their leaders. This is because such leaders rarely have a set "term" at all — rather, they serve as long as they have the confidence of the legislature, a period which could potentially last indefinitely. Nevertheless, such countries may impose term limits on the holders of other offices.
Election policy on the ballot in 2020
In 2020, voters in 14 states voted on 18 ballot measures addressing election-related policies. One of the measures addressed campaign finance, one were related to election dates, five addressed election systems, three addressed redistricting, five addressed suffrage, and three addressed term limits.
Click Show to read details about the election-related measures on statewide ballots in 2020.
Election-related policy ballot measures in 2020 | |||||
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Campaign finance
Election dates
Election systems
Redistricting
Suffrage
Term limits and term lengths
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Path to the ballot
- See also: Amending the Arkansas Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.
The amendment was sponsored by Sen. Alan Clark (R-13) as Senate Joint Resolution 15. The state Senate approved the amendment in a vote of 27-3 with five not voting on March 26, 2019.[19]
SJR 15 was amended and passed as amended in the House on April 2, 2019, in a vote of 51-26 with 23 not voting. Of the 24 House Democrats, 10 voted no and four voted yes, while 10 others did not vote. Of the 76 House Republicans, 47 voted in favor of the amendment, 29 voted no, and 13 did not vote. The Senate approved the amended version on April 2, 2019, in a vote of 26-5, with four not voting.[19]
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Lawsuits
Lawsuit overview | |
Issue: Ballot language; whether the ballot language for the Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment is inaccurate and misleading | |
Court: Pulaski County Circuit Court | |
Ruling: Dismissed by Pulaski County circuit court judge Judge Mary McGowan | |
Plaintiff(s): Tom Steele, chairman of the Arkansas Term Limits committee and his attorney, David Couch | Defendant(s): Arkansas Secretary of State John Thurston |
Plaintiff argument: The ballot language is inaccurate and misleading | Defendant argument: Unknown/no comment |
Source: Northwest Arkansas Online
Tom Steele, chairman of the Arkansas Term Limits committee and his attorney, David Couch, filed a lawsuit in Pulaski County Circuit Court on June 29, 2020, naming Arkansas Secretary of State John Thurston as a defendant. Plaintiffs allege that the ballot language for the Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment is inaccurate and misleading. Couch said, "The General Assembly has referred two measures, neither one of them are adequately described as what they do, how they affect the current law, and, because of that, it's really just deceptive. Those two measures don't have what is called a ballot title on them, and a ballot title tells voters exactly what they're voting for, so when they go to vote, they'll know that the term-limits amendment basically does away with term limits. And the initiative and referendum amendment, what it does is basically changes the initiative and referendum process to make it much more difficult for citizens to do."[23]
As of June 30, Thurston had made no comment on the lawsuit, but a spokesman for the attorney general's office said the attorney general would review the lawsuit and determine the state's response.[23] The lawsuit was dismissed by Dismissed by Pulaski County circuit court judge Judge Mary McGowan on September 9, 2020.[24]
Lawsuit overview | |
Issue: Whether Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment should be overturned | |
Court: Arkansas Supreme Court | |
Ruling: Dismissed | |
Plaintiff(s): Andrew Kimbrell | Defendant(s): N/A |
Plaintiff argument: "Newspaper circulation and readership is at an all-time low and declining rapidly, and newspaper readers are showing little interest in the public notice section of the newspaper. That being the case, the Court must revisit whether the newspaper publication requirement under [the Arkansas Constitution] is sufficient to sustain the presumption of informed voters." | Defendant argument: Unknown/no comment |
Source: Northwest Arkansas Online
Andrew Kimbrell filed a lawsuit seeking to overturn Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment. Kimbrell's attorney argued, "Newspaper circulation and readership is at an all-time low and declining rapidly, and newspaper readers are showing little interest in the public notice section of the newspaper. That being the case, the Court must revisit whether the newspaper publication requirement under [the Arkansas Constitution] is sufficient to sustain the presumption of informed voters."[25]
The lawsuit was dismissed. Justice Karen Baker said, "The amendment was presented to the voters, the voters cast their ballots, the votes have been counted, the amendment was approved, and the deadline for the county boards of election commissioners to certify the election has passed. Accordingly, a judgment by this court will have no practical legal effect; therefore, the issue is moot."[25]
How to cast a vote
- See also: Voting in Arkansas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Arkansas.
How to cast a vote in Arkansas | |||||
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Poll timesIn Arkansas, all polls are open from 7:30 a.m. to 7:30 p.m. on Election Day. An individual who is in line at the time polls close must be allowed to vote.[26] Registration requirements
To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day, not be a convicted felon whose sentence has not been discharged or pardoned, and not be adjudged as mentally incompetent.[27] Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens must complete and submit a voter registration application to their county clerk or other authorized voter registration agency. For voters that submit applications by mail, the date of postmark will be considered the submission date. Applications may be obtained at the following locations:[27]
Automatic registrationArkansas does not practice automatic voter registration. Online registration
Arkansas does not permit online voter registration. Same-day registrationArkansas does not allow same-day voter registration. Residency requirementsArkansas law requires 30 days of residency in the state before a person may vote. Verification of citizenshipArkansas does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to a fine of up to $10,000 and/or imprisonment of up to 10 years under state and federal laws."[28] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[29] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site Voter View, run by the Arkansas Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirementsArkansas requires voters to present photo identification while voting. The identification must include the voter’s name and photograph. It must be issued by "the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas." If the identification has an expiration date on it, it cannot be expired for "more than four (4) years before the date of the election in which the voter seeks to vote."[27] The following list of accepted ID was current as of July 2024. Click here for the Arkansas Secretary of State's page on accepted ID to ensure you have the most current information.
"A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility," according to the Arkansas Secretary of State’s office.[27] Voters can obtain a voter verification card at their county clerk's office: "[V]oters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address."[30] |
See also
External links
- SJR 15 overview
- SJR 15 Full text
- Proposed and Referred Ballot Measures for the 2020 General Election
- Issue 2 information
Footnotes
- ↑ 1.0 1.1 1.2 Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
- ↑ Arkansas State Legislature, "Constitution of the State of Arkansas of 1874," accessed January 14, 2015
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 4.2 Arkansas Ethics Commission, "Filings," accessed October 29, 2020
- ↑ Talk Business & Politics, "Poll: Highway funding proposal Issue 1 poised to pass," accessed October 21, 2020
- ↑ Arkansas Attorney General, "Opinion 2016-105," accessed March 19, 2019
- ↑ Alaska Division of Elections, "Alaska's Better Elections Initiative," accessed January 6, 2020
- ↑ Colorado General Assembly, "Senate Bill 42 (2019)," accessed September 5, 2019
- ↑ Florida Department of Elections, "Initiative 19-07," accessed March 14, 2019
- ↑ Massachusetts Attorney General, "Initiative 19-10: Initiative Petition for a Law to Implement Ranked-Choice Voting in Elections," accessed August 7, 2019
- ↑ Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
- ↑ Missouri Legislature, "SJR 38 Full Text," accessed February 10, 2020
- ↑ New Jersey State Legislature, "Assembly Concurrent Resolution 188," accessed July 31, 2020
- ↑ U.S. Census Bureau, "2020 Census Operational Adjustments Due to COVID-19," accessed August 10, 2020
- ↑ Virginia General Assembly, "Senate Bill 236," accessed March 5, 2020
- ↑ Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
- ↑ Kentucky Legislature, "House Bill 405 Text," accessed March 11, 2020
- ↑ Missouri State Senate, "SJR 14," accessed April 17, 2019
- ↑ 19.0 19.1 Arkansas Legislature, "SJR 15," accessed March 28, 2019
- ↑ Five Democrats voted present and another five did not vote
- ↑ Nine Republicans did not vote and four voted present
- ↑ Stephanie Flowers (D-25) was present but did not vote
- ↑ 23.0 23.1 Northwest Arkansas Online, "Lawsuit challenges two proposed November ballot measures," accessed July 1, 2020
- ↑ Arkansas Online, "Judge tosses suit on 2 ballot issues in Arkansas," accessed September 10, 2020
- ↑ 25.0 25.1 Northwest Arkansas Online, "Ballot initiatives' challenge rejected by state Supreme Court," accessed December 4, 2020
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
- ↑ 27.0 27.1 27.2 27.3 Arkansas Secretary of State, "Voter Registration Information," accessed July 29, 2024
- ↑ Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Arkansas Secretary of State, "Frequently Asked Questions," accessed July 29, 2024
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State of Arkansas Little Rock (capital) |
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