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Impact of term limits on state representative elections in 2022

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State legislative term limits analysis
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2022 state legislative elections

Of the 88 state legislative chambers that held elections in 2022, 11 house chambers included incumbents who were unable to run for re-election due to term limits.[1] In the 25 chambers affected by term limits in 2022, 1,449 seats were up for election. Louisiana was the only state with term limits that did not have a general election in 2022. Nebraska does not have a state House. The Arkansas House of Representatives and California State Assembly were up for election in 2022 and have term limits, but no representatives were impacted by term limits in 2022.

There are 99 chambers throughout the country. In 29 legislative chambers across 15 states, state legislators are subject to term limits. In the United States, there are 1,972 state senate seats and 5,411 state house seats. Of the 1,972 senate seats, 562 seats (29%) are subject to term limits. Of the 5,411 house seats, 1,368 seats (25%) are subject to term limits.

HIGHLIGHTS
  • A total of 166 state representatives—58 Democrats and 108 Republicans—were termed out in 2022. This represented 15.4% of the 1,081 seats up for election in the 11 term-limited state Houses with elections in November 2022.[1]
  • Altogether, 252 state legislators—86 state senators and 166 state representatives—were ineligible to run in the 2022 elections because of term limits.[2]
  • Republicans had more state representatives term-limited in 2022 compared to Democrats. A total of 58 Democrats were term-limited, while 108 Republicans were term-limited. In even-numbered election years between 2010 and 2020, Democrats averaged 82 term-limited representatives, while Republicans averaged 100 term-limited representatives.
  • Michigan had the highest percentage of state representatives term-limited in 2022. Of the 110 seats up for election, 38 Michigan representatives, or 35% of the chamber, were term-limited in 2022.
  • See also: Impact of term limits on state legislative elections in 2022 and State legislative elections, 2022

    Term-limited representatives by state

    The map below displays the 15 states that use term limits for state legislators. All 15 states held elections in 2022 except Louisiana.[3] Louisiana holds elections every four years in odd-numbered years. Click on a state below to see the total number of termed-out state representatives in 2022 as well as a breakdown of the partisan totals for the legislative chamber.

    State Houses with the largest term limit impacts

    • Michigan's House had the highest percentage of term-limited state representatives in 2022. 38 of the 110 seats up for election in 2022 (35%) had term-limited incumbents. The second-highest number of term-limited representatives was in Maine. The Maine House of Representatives had 36 state representatives term-limited out of the 151 seats up for election in 2022, or 24% of the chamber.

    State House with the smallest term limit impacts

    Differential impact on parties

    Term limits can often have an impact on the competitiveness of a state legislative election because term limits create open seats. Open seats are believed to be more electorally competitive than seats in which an incumbent is running for re-election because incumbents tend to win re-election. A 2015 study by Ballotpedia found that in state legislative elections between 1972 and 2014, the incumbency win rate never fell below 90 percent, except for 1974 when 88 percent of incumbents won re-election.

    166 state representatives—58 Democrats and 108 Republicans—were term-limited in 2022. Going into the November elections, Democrats had majorities in three of the 11 term-limited state houses. Republicans had majorities in eight of the 11 state house of representatives.[4]

    Two state houses—Nevada and Ohio had more term-limited Democrats than Republicans. Eight state houses—Arizona, Florida, Maine, Michigan, Missouri, Montana, Oklahoma, and South Dakota—had more term-limited Republicans than Democrats. One state—Colorado—had an equal number of term-limited Democrats and Republicans.

    2022 term-limited state house elections
    State Majority party Democratic Party Democratic
    term-limited
    Republican Party Republican
    term-limited
    Independent Nonpartisan
    term-limited
    Seats up in 2022 % of seats
    Arizona Republican 3 4 0 60 11.7%
    Arkansas Republican 0 0 0 100 0.0%
    California Democratic 0 0 0 80 0.0%
    Colorado Democratic 4 4 0 65 12.3%
    Florida Republican 2 9 0 120 9.2%
    Maine Democratic 16 20 0 151 23.8%
    Michigan Republican 14 24 0 110 34.5%
    Missouri Republican 1 17 0 163 11.0%
    Montana Republican 7 11 0 100 18.0%
    Nevada Democratic 2 1 0 42 7.1%
    Ohio Republican 7 6 0 99 13.1%
    Oklahoma Republican 1 5 0 101 5.9%
    South Dakota Republican 1 7 0 70 11.4%
    Total --- 58 108 0 1,261 13.2%

    States

    Arizona

    See also: Arizona House of Representatives elections, 2022

    The Arizona House of Representatives has been a term-limited state House since Arizona passed Proposition 107 in 1992. Arizona representatives serve two-year terms with a four-term/eight-year term limit. Arizona's term limits apply to parts of terms and not just full terms.

    All 60 seats in the Arizona House of Representatives were up for election in 2022. In the 2022 elections, seven representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (3)

    Republicans (4):


    Arkansas

    See also: Arkansas House of Representatives elections, 2022

    The Arkansas House of Representatives has been a term-limited state House since Arkansas voters approved the Arkansas Term Limits Initiative in 1992 as an initiated constitutional amendment. In 2020, voters approved Arkansas Issue 2, the State Legislative Term Limits Amendment, which imposes term limits of twelve consecutive years for state legislators with the opportunity to return after a four-year break. The 12-year limit applied to anyone elected in 2021 or after. 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.[5][6]

    All 100 seats in the Arkansas House of Representatives were up for election in 2022. In the 2022 elections, no state representatives were ineligible to run because of term limits.


    California

    See also: California State Assembly elections, 2022

    The California State Assembly has been a term-limited state House since California voters approved Proposition 140 in 1990. In 2012, California voters approved Proposition 28, which reduced the total number of years a politician can serve in the California State Legislature from 14 years to 12 years. It permits a politician to serve in either or both chambers of the legislature for a maximum of 12 years. The changes did not apply to any legislator who was already in office at the time that the initiative was approved; the rules governing the terms of those who are in the California State Legislature as of June 5, 2012, are calculated under the previous rules.

    All 80 seats in the California State Assembly were up for election in 2022. In the 2022 elections, no state representatives were ineligible to run because of term limits.


    Colorado

    See also: Colorado House of Representatives elections, 2022

    The Colorado House of Representatives has been a term-limited state House since Colorado voters approved Issue 5 in 1990. The affirmative vote by Colorado's electorate in Issue 5 altered Section 3 of Article V on the Colorado Constitution to say that state representatives could serve no more than four two-year terms in office.

    All 65 seats in the Colorado House of Representatives were up for election in 2022. In the 2022 elections, eight representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (4)

    Republicans (4):


    Florida

    See also: Florida House of Representatives elections, 2022

    The Florida House of Representatives has been a term-limited state House since Florida voters approved Amendment 9 in 1992. Amendment 9 altered Article VI, section 4 of the Florida Constitution to impose a maximum of four two-year terms on state representatives.

    All 120 seats in the Florida House of Representatives were up for election in 2022. In the 2022 elections, 11 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (2)

    Republicans (9):


    Maine

    See also: Maine House of Representatives elections, 2022

    The Maine House of Representatives has been a term-limited state House since Maine voters approved Question 1 in 1993. Under this law, state representatives can serve no more than four consecutive two-year terms. The Maine State Legislature tried, unsuccessfully, in 2007 to get the state's voters to extend the number of years they could consecutively serve in office by putting the Maine Term Limits Extension act on the ballot. Voters overwhelmingly rejected it with 67 percent of the vote.

    All 151 seats in the Maine House of Representatives were up for election in 2022. In the 2022 elections, 36 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (16)


    Republicans (20):


    Michigan

    See also: Michigan House of Representatives elections, 2022

    The Michigan House of Representatives has been a term-limited state House since Michigan voters approved Proposal B in 1992. Proposal B created Section 54 of Article IV of the Michigan Constitution. It says that state representatives are limited to three two-year terms.

    All 110 seats in the Michigan House of Representatives were up for election in 2022. In the 2022 elections, 38 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (14)


    Republicans (24):


    Missouri

    See also: Missouri House of Representatives elections, 2022

    The Missouri House of Representatives has been a term-limited state House since Missouri voters approved Amendment 12 in 1992. Amendment 12 created Section 8 of Article III of the Missouri Constitution, limiting members of the state House to four two-year terms during their lifetime. (Section 8 was later amended by Amendment 3 in 2002 so that it does not apply to partial terms.)

    All 163 seats in the Missouri House of Representatives were up for election in 2022. In the 2022 elections, 18 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (1)

    Republicans (17):


    Montana

    See also: Montana House of Representatives elections, 2022

    The Montana House of Representatives has been a term-limited state House since Montana voters approved CI-64 in 1992. CI-64 created Section 8 of Article IV of the Montana Constitution, which says that state representatives cannot serve eight or more years in any 16-year period.

    All 100 seats in the Montana House of Representatives were up for election in 2022. In the 2022 elections, 18 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (7)

    Republicans (11):


    Nevada

    See also: Nevada State Assembly elections, 2022

    The Nevada State Assembly has been a term-limited state House since Nevada voters approved Question 9A in 1996. Question 9A was a second vote on a term limits amendment first approved in 1994. Alone among the states with ballot initiatives, Nevada voters must approve a proposed constitutional amendment twice before it goes into the Nevada Constitution. The 1994 and 1996 votes cumulatively led to Paragraph 2 of Section 3 of Article 4 of the Nevada Constitution, which says, "No person may be elected or appointed as a member of the Assembly who has served in that Office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this State."

    All 42 seats in the Nevada State Assembly were up for election in 2022. In the 2022 elections, three representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (2)

    Republicans (1):


    Ohio

    See also: Ohio House of Representatives elections, 2022

    The Ohio House of Representatives has been a term-limited state House since Ohio voters approved Ballot Issue 4, an initiated constitutional amendment, in 1992. This amendment became part of Section 2 of Article II of the Ohio Constitution and limits the amount of time that state representatives can stay in office to four two-year terms, saying, "No person shall hold the office of State Representative for a period longer than four successive terms of two years. Terms shall be considered successive unless separated by a period of four or more years."

    All 99 seats in the Ohio House of Representatives were up for election in 2022. In the 2022 elections, 13 representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (7)

    Republicans (6):


    Oklahoma

    See also: Oklahoma House of Representatives elections, 2022

    The Oklahoma House of Representatives has been a term-limited state House since Oklahoma voters approved State Question 632 in 1990, as an initiated constitutional amendment. This amendment became part of Section 17A of Article V of the Oklahoma Constitution and limits the amount of time that state representatives can serve to a cumulative total of 12 years in either or both chambers of the Oklahoma State Legislature.

    All 101 seats in the Oklahoma House of Representatives were up for election in 2022. In the 2022 elections, six representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (1)

    Republicans (5):


    South Dakota

    See also: South Dakota House of Representatives elections, 2022

    The South Dakota House of Representatives has been a term-limited state House since South Dakota voters approved Ballot Issue A in 1992, an initiated constitutional amendment. This amendment became part of Section 6 of Article III of the South Dakota Constitution and limits the amount of time that state representatives can stay in office to no more than four consecutive two-year terms.

    All 70 seats in the South Dakota House of Representatives were up for election in 2022. In the 2022 elections, eight representatives were ineligible to run because of term limits. The following state representatives were term limited in 2022:

    Democratic: (1)

    Republicans (7):

    See also

    Footnotes

    1. 1.0 1.1 The Arkansas House and California House were up for election in 2022 and have term limits, but no incumbents were term-limited in 2022. In the two chambers, a total of 180 seats were up for election in 2022.
    2. Some of the 252 term-limited state legislators in 2022 may have resigned before their term ends. These legislators were still counted in the total number of term-limited legislators in 2022.
    3. The Arkansas House and California Assembly were up for election in 2022 and have term limits, but no incumbents were term-limited in 2022.
    4. The Arkansas House of Representatives and California State Assembly were both up for election in 2022 and have term limits, but no representatives were impacted by term limits in 2022.
    5. Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
    6. Arkansas State Legislature, "Constitution of the State of Arkansas of 1874," accessed January 14, 2015