As a factor that shaped the makeup of the 46th Legislature and flowed as an undercurrent during the prolonged and sometimes fractious First Regular Session, legislative term limits — good or bad — again have risen to a point of debate that might lead to a renewed attempt to repeal them.

“Term limits demonstrated their flaws in the House,” said Sen. Bill Brotherton, D-Dist. 14, in response to an Arizona Capitol Times e-mail survey of legislators. He said he is considering seeking bipartisan support for legislation to repeal legislative term limits, which were overwhelmingly passed by voters in 1992, 76 per cent to 24 per cent. That vote also limits the terms of the state’s top executives to two four-year terms.

The state Constitution limits state lawmakers to four consecutive two-year terms in either the House or Senate. In 2000, a resolution to place repeal of legislative term limits on the general election ballot passed the House 41-15, but was held by the Senate Judiciary Committee. In the 45th Legislature, Robert Blendu, then a Republican House member, introduced a similar resolution, which was defeated 22-37.

In March 2002, an organization called U.S. Term Limits denounced attempts to repeal Arizona’s term limits in radio ads and a press conference. The group cited defeat of Prop 45 in California, which “indicates that voters have little tolerance for politicians who try to weasel out of term limits,” it said.

Attempts to change legislative terms from two to four years also have failed in recent legislative sessions, but Rep. Marian McClure, R-Dist. 30, says, “I plan to offer a bill next year to return the question to the ballot.”

Were repeal of term limits placed on the ballot, says pollster Earl de Berge of Behavior Research Center, voters would probably defeat it.

“It would depend on the outcome of the public debate” he said, “but I think they’d keep them as a way to refresh the system.”

And in a January 2002 Arizona State University poll, 58 per cent of respondents favored keeping term limits, 27 per cent were in favor of repealing them, and 15 per cent had no opinion.

Lots Of Freshman

The current Legislature began in January with 42 per cent of its membership never having served in either the House or the Senate. In the 30-member Senate, only five members had not had previous experience in the Legislature, and of the 12 former House members who came to Senate, five had termed out in the House.

But 33 of the 60 House members were fresh to the chamber.

“A legislative roster with an unprecedented number of freshmen” was one of the elements of a “perfect political storm,” wrote Rep. Linda Lopez, D-Dist. 29, in the Tucson Citizen. First-time legislators had no time, she said, “to learn the political ropes before being pressed into service to stabilize the ship of state.”

Ms. Lopez said she is against repealing term limits, “but I do favor a change in the length of term from two to four years.”

The July 3 Capitol Times e-mail survey asked: “Would you support a resolution to repeal term limits?” Of the 24 lawmakers who responded, 17 favor repeal, six said they do not, and one was unsure. One of the opponents of repeal, however, would change his position if the GOP caucus supported repeal.

“I would support to overturn the term limits only if it is identified in the majority agenda,” freshman Sen. Jack Harper, R-Dist. 4, said. “If our caucus decides to work toward it, I will be on board.”

Of the 17 legislators who said they favor repeal of term limits, 11 are Republicans and six are Democrats. Three Democrats and three Republicans said they do not favor repeal.

Fourteen of the respondents also favored extending legislative terms to four years, except for Senate Minority Leader Jack Brown, D-Dist. 5, who supports four-year terms only in the Senate.

Sen. Mark Anderson, R-Dist. 18, said he was a strong supporter of term limits when they were voted in nearly 11 years ago and he still supports them, “although I see the down side of term limits as well. I have mixed feelings because there are pros and cons.”

He said he did not think voters would support lengthening legislative terms.

Sen. Dean Martin, R-Dist. 6, said, “I would lead the opposition” to a move to repeal term limits. “There are other ways to deal with the so-called problems and challenges created by term limits,” he said.

“Voters should not be prohibited by length of service from voting for whomever they choose,” said freshman Rep. Phil Lopes, D-Dist. 27, “even if in my opinion that person is a lazy scoundrel.”

Rep. Karen Johnson, R-Dist. 18, said lack of experience in the Legislature is not the main problem caused by term limits.

“Term limits are a huge mistake and end up giving control to the bureaucrats,” she said. “The loss of institutional memory is secondary to the issue of who is in control.”

“At first I thought term limits would be positive,” said freshman Rep. Michele Reagan, R-Dist. 8. “In fact it allowed many of us newcomers to run for open seats.” She added, however, “I do not favor term limits now, and not because I’ve been elected.”

Ms. Reagan said her district “lost much institutional knowledge” when Randall Gnant, former Senate president, was termed out in 2002.

“Losing people who really understood the budget and the process does not benefit the state,” she said.

Mr. De Berge said, however, the public is less clear on the issue of “loss of talent” in the Legislature, but sees term limits as “a weight against the abuse of power, such as alt fuels.”

He added that repeal of term limits “won’t be an easy argument for legislators.”

In an article published in the fall of 2001, Mr. Gnant lamented term limits in general and their effect on the budget process.

“Thanks to term limits, there are only eight senators who have been through [an economic slowdown] and have experience in balancing a budget with slowing revenues,” he wrote at the time in Spectrum: The Journal of State Government. “There is not a single member of the Arizona House of Representatives that has voted on a budget that does not foresee increasing revenues and large budget surpluses.”

It was the fiscal 2004 budget process that dragged this year’s session into the seventh longest in state history at 158 days. Several freshmen in both houses were active participants in the budget process.

Reps. Andy Biggs, R-Dist. 22, and Doug Quelland, R-Dist. 10, were outspoken critics of what they said was too much spending in the 2004 budget, while Reps. Jennifer Burns, R-Dist. 25, and William Konopnicki, R-Dist. 5, were among a group of moderate Republicans called “The Cellar Dwellers,” who fought for more spending for education and social services.

In the Senate, freshman Sen. Slade Mead, R-Dist. 20, opposed the original House-passed budget with Sen. Linda Binder, R-Dist. 3, and the pair forced a bipartisan agreement that included additional spending they wanted.

Back To The Ballot?

Governor Napolitano doesn’t oppose placing legislative term limits on the ballot.

“Perhaps the voters should have another crack at it because we know what the unintended consequences are,” she said in a June 25 interview. Those consequences, Ms. Napolitano said, are increased staff and lobbyist influence over inexperienced legislators and “outrageous” positions taken by lame duck legislators.

Mr. Gnant and Mr. Brotherton said term limits for the state Legislature were a reaction to the lack of turnover in the U.S. Congres
s.

“…term limits at the state level in Arizona were never needed and have led to a decline in civility in the legislative process, a decline in institutional memory and an erosion of representative government, increased power to the unelected bureaucracy and the rise of free agency among members,” Mr. Gnant wrote.

Mr. Brotherton said there are better arguments now against legislative term limits.

“The advantages of incumbency have been eliminated by redistricting and public financing,” Mr. Brotherton said. “There’s been a good amount of turnover without term limits, and there’s no need for artificial means.”

Term limits “are fundamentally undemocratic,” he said.

Mr. Harper said, “The term limits will work well for Republicans who are seeking Senator Brown’s and Senator Rios’s seats soon.”

Mr. Brown and Sen. Pete Rios, D-Dist. 23 are among seven legislators and four legislative leaders who will term out next year.

House Speaker Jake Flake, R-Dist. 5, is said to be interested in the seat held by Mr. Brown, who along with Mr. Rios, Senate Minority Whip, are considering whether to run for the House.

House Minority Leader John Loredo, D-Dist. 13, also terms out at the end of 2004, along with Reps. Jim Carruthers, R-Dist. 24, Linda Gray, R-Dist. 10, and Karen Johnson, R-Dist. 18.—