NY needs term limits

The scandal engulfing Gov. Cuomo will continue to occupy media and public attention over coming weeks. Regardless of the outcome affecting Cuomo, the situation presents an opportunity for a long-overdue reform for the Empire State: term limits for statewide elected officials.

Two four-year terms are quite enough time — eight years — to advance an agenda on behalf of the people. If a statewide official cannot accomplish meaningful improvements in governance in eight years, it is time to go. And even if they can, eight years is enough. Additionally, as Cuomo has discovered, third terms are fraught with trouble.

Term limits would also break open New York’s often sclerotic political structure, giving a predictable opportunity for ambitious politicians or political outsiders to compete in real contests for statewide office.

Let’s face it: incumbency offers a sitting governor, controller or attorney general a significant advantage over challengers. Incumbents have a powerful platform to command public and media attention, and capable officeholders will naturally use this visibility to their advantage. And there is certainly nothing wrong about an able incumbent official using this visibility to keep themselves in the public eye to make a positive impression.

At the same time, an incumbent governor can also abuse his power. Incumbency can be a powerful tool for fundraising, particularly in New York where a statewide candidate can legally accept contributions exceeding $50,000 from an individual donor. A sitting governor, with vast ability to confer state-funded “economic development” grants, and sign laws authorizing development of new casinos or legalization of cannabis, will, without much effort, receive such political donations.

Cuomo, now in his tenth year in office, is reported to have over $17 million in his war chest. Were he to seek reelection in 2022, he would likely raise upwards of $50 million running for a fourth term. Given recent events, Cuomo will be unlikely to be running next year and may not be able to avoid a forced resignation prior to that time.

The same holds true for the positions of state controller, attorney general and lieutenant governor. Term limits would have a salutary impact on our state, fostering more political competition, and allowing office holders in their second term the opportunity to govern without worrying about seeking, or granting, political favors to grab that third term in office.

Over the decades, a variety of term limits initiatives have been proposed at every level of government. To enact term limits, the Legislature would have to adopt a resolution amending the state Constitution. After passage by two consecutively elected Legislatures, the amendment would be put to a vote by the people — at earliest, by 2023, impacting statewide elections in 2026.

New York State has many problems to address in its recovery from the pandemic. Loss of population, education setbacks for kids unable or denied the opportunity to return to school, and the prospect of yet higher taxes, all will make our restoration more difficult. We will need to rethink how we tax, regulate and spend in this state, get all our people back to work, and revive the moribund upstate economy.

To be sure, term limits alone are not the answer. After all, statewide officeholders forced from office by scandal in the last fifteen years — Alan Hevesi, Eric Schneiderman, Eliot Spitzer — would not have been impacted by this proposal, as their shenanigans were exposed during their first term. But New York City’s term limits law provides an instructive example. Mayor de Blasio and Controller Scott Stringer are both forced to leave office this year after two terms, and there is robust competition to replace both of them.

Some might ask, why not term limits also for the Legislature? While perhaps desirable, getting the Legislature to adopt constitutional provisions limiting their own terms would be virtually impossible to pass. Limiting statewide officeholder terms would be more palatable politically, easier to enact, and would have greater impact.

A competitive political climate, with more rapid turnover in our highest statewide elected positions, would help create conditions for addressing the genuine needs of New York. We have term limits for president, and 38 other states have limited terms for their governors. It is time New York followed this example.

The New York State Constitution gives the governor enormous power over spending and appointments. Recent experience has shown how executive power can be properly exercised and how it can be abused.

Now is the time for New York to limit terms of its governors and other statewide elected officials to periodically open the windows of government, bringing forth fresh breezes and perspectives, allowing new public servants to lead our state.

Faso was minority leader of the state Assembly, represented New York in Congress from 2017-2019, and was Republican candidate for governor in 2006.