Breaking up legislative terms focus of Ballot Issue 2

Editor’s note: At the polls on Nov. 3, during early voting, and on absentee ballots, Arkansas voters will be faced with three ballot issues referred to the people for approval by the Arkansas General Assembly. As a service to our readers the Pine Bluff Commercial is examining each of the three ballot issues one at a time over three days. Today is Ballot Issue 2.

Ballot Issue 2 is titled, “A Constitutional Amendment to be known as the ‘Arkansas Term Limits Amendment;’ and amending the term limits applicable to members of the General Assembly.”

This amendment is asking voters to change term limits for the General Assembly by eliminating lifetime term limits but requiring breaks in service for future state senators and representatives.

According to the University of Arkansas Cooperative Extension Service, if passed, this amendment would: Eliminate lifetime term limits for state legislators.

Prohibit future legislators from serving more than 12 years in a row. Legislators who serve the full 12 years consecutively would be allowed to hold office again once four years have passed since their last term expired. Legislators who serve less than 12 consecutive years would be eligible to serve another 12 years in a row after sitting out for two years.

Include two-year senate terms resulting from apportionment after a census in calculating the years of consecutive service for legislators elected after Jan. 1, 2021. Currently, this two-year partial term does not count toward term limits.

Allow current legislators and any legislators elected this November to serve under the current term limit amendment, which allows them to serve 16 years consecutively or non-consecutively. They would be eligible to hold office in the future once four years have passed from their last term expiring.

Ballot Issue 2 is one of three ballot issues referred to the people by the General Assembly, which, under the Arkansas Constitution, is allowed to refer up to three constitutional amendments on the general election ballot. To be approved as a constitutional amendment,

the ballot issue is required to get approval by a majority of voters in the General Election.

The Extension Service said that term limits have been on the ballot in Arkansas several times in the past 30 years, starting in 1992 when voters approved Amendment 73, which set term limits for the state’s seven constitutional officers at two four-year terms, members of the State Senate at two four-year terms, and members of the House of Representatives to three two-year terms.

In 2004, voters rejected a proposal to allow representatives and senators alike to serve a maximum of 12 years, six two-year terms in the House and three fouryear terms in the Senate, before being term limited out of office.

In 2014, voters approved Amendment 94, which eliminated chamber-specific term limits and capped the total number of years state legislators can serve at 16 years.

In 2018, a proposed amendment seeking to repeal Amendment 94 was removed from the ballot by the Arkansas Supreme Court after the court agreed with challengers that voter signatures should be disqualified because of paperwork errors. The proposed amendment would have set House terms to three twoyear terms, Senate terms to two four-year terms, and would have placed an overall combined limit at 10 years for the House and Senate.

Supporters of the amendment, according to the Extension Service, say the requirement to sit out after a period of time served in the legislature removes the advantage that incumbents enjoy while opponents say the ballot issue is really a term extension vehicle rather than one that employs true term limits.

If passed, the amendment will go into effect Jan. 1, 2021.