April 24, 2001
Dear Attorney General Lockyer:
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative cited as the "Local Option Term Limits Initiative" (File No. SA2001RF0012).
Background
It is written in the Constitution of the State of California that no state Senator may serve more than two four-year terms and that no Member of the Assembly may serve more than three two-year terms.
Proposal
This measure would allow voters in an Assembly or Senate district to petition the Secretary of State to permit a legislator, who would normally be ineligible to serve an additional term due to term limits, to be a candidate for that office during the next election. The petition would have to be signed by registered voters residing in the legislator's district, equal in number to 20 percent of ballots cast for that office in the last general election. Petitions would be submitted to local election officials who would certify the signatures to the Secretary of State. If a sufficient number of signatures are verified, the name of the legislator would be placed on the ballot for that office during the next general election.
Term-limited legislators who become eligible for election under this measure could do so only in the district in which they were currently serving and could become eligible for reelection on a one-time basis only. Legislators reelected under this measure may extend their term in office by a maximum of four years.
Fiscal Effect
Under this measure, local governments would incur unknown, probably minor, costs for verifying the signatures on the petition. The magnitude of these costs would depend on the number of signatures required to validate the petition and the extent to which the local term-limit option is utilized. The Secretary of State would incur minor costs for tracking the eligibility of candidates for reelection.
Summary
This measure would result in unknown, probably minor, costs to local governments for signature verification and minor costs to the state government.