Help us improve in just 2 minutes—share your thoughts in our reader survey.

Arkansas Issue 2, Change State Legislative Term Limits Amendment (2020)

From Ballotpedia
Jump to: navigation, search
Arkansas Issue 2
Flag of Arkansas.png
Election date
November 3, 2020
Topic
Term limits and State legislatures measures
Status
Approveda Approved
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

Result Votes Percentage

Approved Yes

647,861 55.38%
No 521,979 44.62%
Results are officially certified.
Source


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
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.

Insert the text of the quote here, without quotation marks.[3]

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.


The FKGL for the ballot title is grade level 16, and the FRE is 20. The word count for the ballot title is 24, and the estimated reading time is 6 seconds. The FKGL for the ballot summary is grade level 16, and the FRE is 24. The word count for the ballot summary is 24, and the estimated reading time is 6 seconds.


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


Arguments

  • Arkansas State Representative and measure sponsor Jim Dotson (R-93): "The purpose of term limits is to limit power and advantages of incumbency. So if you have an incumbent who is running against someone who is not an incumbent, they obviously have a built-in advantage. After this resolution — if it is adopted and approved by the voters — is passed, after 12 years someone loses that advantage of incumbency." Dotson also said, "Really, it's trying to balance out and make it where we don't have a complete and total exodus by cutting everybody off that currently is serving, and then having a new fresh start on those subsequent years."


Opposition

Opponents

Organizations

  • U.S. Term Limits


Arguments

  • Arkansas State Representative John W. Walker (D-34): "That does not open it up to the public in fairness, and it does not do us well because it means that it's self-serving legislation. It is not fair. It is not reasonable. Let us, if we talk about term limits, not be hypocritical. Let us not be self-serving."
  • Arkansas State Representative Vivian Flowers (D-17): "Those members who are currently serving would get to operate under the current law and serve 16 years — up to 16 years — while everyone else in the state would have to be limited to 12 years, thereby giving us in this chamber right now a definitive advantage over everybody else in the state?"
  • U.S. Term Limits: "Issue 2 sounds like term limits, BUT it would allow politicians to stay in office, 20, 30, even 40 years! ... The Term Limit Amendment proposal on the 2020 ballot is a fraud perpetrated on the citizens of Arkansas by the politicians in the Arkansas Legislature. Issue 2 will eliminate lifetime term limits for Arkansas legislators, allowing them to “serve” until they die with occasional short breaks. The politicians in the legislature co-opted our amendment name in an effort to rollback legislative term limits in order to trick voters into thinking it was the citizens’ initiative."
  • Tom Steele, the Chairman for Arkansas Term Limits: "The founders didn’t envision professional politicians in the legislature. They envisioned citizen legislators. You come in, you stay for a while, you do your job, you go home and you go back to your farms or wherever you’re from."


Campaign finance

See also: Campaign finance requirements for Arkansas ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through November 30, 2020.


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
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
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

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

In an October 2020 poll by Talk Business & Politics and Hendrix College, 647 likely voters were asked the following question:[5]

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
Poll Support OpposeUndecidedMargin of errorSample size
Talk Business & Politics and Hendrix College poll
10/11/20 - 10/13/20
48.0%28.0%24.0%+/-4.9647
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
  • 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
1944 Proposed Amendment 38 Initiative 4-year limit for governor/lieutenant governor
Defeatedd
42.18%
1950 Proposed Amendment 44 Initiative 4-year limit for state and county officers
Defeatedd
35.42%
1984 Proposed Amendment 64 Initiative 4-year limit for state executive offices
Approveda
64.25%
1992 Proposed Amendment 4 Initiative 2-term limit for state executives/senators; 3-term limit for state representatives
Approveda
59.91%
1996 Proposed Amendment 9 Initiative Term limits for U.S. Congress members; notation for candidates who decline to support term limits
Approveda
Overturnedot
61.21%
2004 Proposed Amendment 1 Referral Extend limits to six terms (House) and three terms (Senate)
Defeatedd
29.86%
2014 Issue 3 Referral Extend limits to 16 years (House and Senate)
Approveda
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.

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]

Vote in the Arkansas House of Representatives
April 2, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 51  Approveda
YesNoNot voting
Total512623
Total percent51.0%26.0%23.0%
Democrat41010[20]
Republican471613[21]

Vote in the Arkansas State Senate
April 2, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  Approveda
YesNoNot voting
Total2654[22]
Total percent74.3%14.3%11.4%
Democrat522
Republican2132

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 CouchDefendant(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 KimbrellDefendant(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.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
  2. Arkansas State Legislature, "Constitution of the State of Arkansas of 1874," accessed January 14, 2015
  3. 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. 4.0 4.1 4.2 Arkansas Ethics Commission, "Filings," accessed October 29, 2020
  5. Talk Business & Politics, "Poll: Highway funding proposal Issue 1 poised to pass," accessed October 21, 2020
  6. Arkansas Attorney General, "Opinion 2016-105," accessed March 19, 2019
  7. Alaska Division of Elections, "Alaska's Better Elections Initiative," accessed January 6, 2020
  8. Colorado General Assembly, "Senate Bill 42 (2019)," accessed September 5, 2019
  9. Florida Department of Elections, "Initiative 19-07," accessed March 14, 2019
  10. Massachusetts Attorney General, "Initiative 19-10: Initiative Petition for a Law to Implement Ranked-Choice Voting in Elections," accessed August 7, 2019
  11. Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
  12. Missouri Legislature, "SJR 38 Full Text," accessed February 10, 2020
  13. New Jersey State Legislature, "Assembly Concurrent Resolution 188," accessed July 31, 2020
  14. U.S. Census Bureau, "2020 Census Operational Adjustments Due to COVID-19," accessed August 10, 2020
  15. Virginia General Assembly, "Senate Bill 236," accessed March 5, 2020
  16. Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
  17. Kentucky Legislature, "House Bill 405 Text," accessed March 11, 2020
  18. Missouri State Senate, "SJR 14," accessed April 17, 2019
  19. 19.0 19.1 Arkansas Legislature, "SJR 15," accessed March 28, 2019
  20. Five Democrats voted present and another five did not vote
  21. Nine Republicans did not vote and four voted present
  22. Stephanie Flowers (D-25) was present but did not vote
  23. 23.0 23.1 Northwest Arkansas Online, "Lawsuit challenges two proposed November ballot measures," accessed July 1, 2020
  24. Arkansas Online, "Judge tosses suit on 2 ballot issues in Arkansas," accessed September 10, 2020
  25. 25.0 25.1 Northwest Arkansas Online, "Ballot initiatives' challenge rejected by state Supreme Court," accessed December 4, 2020
  26. Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
  27. 27.0 27.1 27.2 27.3 Arkansas Secretary of State, "Voter Registration Information," accessed July 29, 2024
  28. Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
  29. 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."
  30. Arkansas Secretary of State, "Frequently Asked Questions," accessed July 29, 2024