Legislative Term Limits for NC General Assembly

[GunnyFreedom]

Originally envisioned in 2011 as a Constitutional Amendment, I am going to propose it for 2012 as a regular statute given that the 3/4 vote is unobtainable in the 6 weeks of the short session.

It is an unusual term limits bill. If someone is really, really good, they could actually serve for 20 years. Here is the text:

“Sec. 25. Limitation of consecutive terms.

(1) No person shall be eligible for election to more than three consecutive terms as a member of the House of Representatives, nor be eligible for election to more than five consecutive terms as a member of the Senate. If a person fills a vacancy, it shall be considered as election to a term for the purpose of this section if the person takes office during the first calendar year of the term.


(2) Terms of office beginning before January 1, 2013, shall not be considered for the purpose of this section.


(3) A person disqualified by this section from election to the next succeeding term as a member of the House of Representatives may not fill a vacancy in that body in the succeeding term. A person disqualified by this section from election to the next succeeding term as a member of the Senate may not fill a vacancy in that body in the succeeding term.


(4) This section does not make eligible for office a person disqualified from office under Section 26 of this Article."


“Sec. 26. Limitation of terms.


(1) No person shall be eligible for election to more than five terms as a member of the House of Representatives, nor be eligible for election to more than seven terms as a member of the Senate. If a person fills a vacancy, it shall be considered as election to a term for the purpose of this section if the person takes office during the first calendar year of the term.


(2) Terms of office beginning before January 1, 2013, shall not be considered for the purpose of this section.


(3) A person disqualified by this section from service as a member of the House of Representatives may not fill a vacancy in that body. A person disqualified by this section from service as a member of the Senate may not fill a vacancy in that body."

[GunnyFreedom]

I am think of changing it so that both House and Senate read "three consecutive, five nonconsecutive" with no difference between the two houses.

[phill4paul]

That's GunnyFreedom! One man attempting to do more for the residents of N.C. in one term than hundreds of others in multiple terms combined.

[GunnyFreedom]

LOL thanks Phil,

This would clearly work better as a Constitutional Amendment than as a regular statute, but clearing the 3/4 hurdle will be about impossible. Therefore I will go with the simple majority and introduce it as a statute. Once the statute is proven effective, then maybe we can promote it to a Constitutional Amendment.

[Voluntary Man]

I think you should propose a bill limiting terms to 0. Then, graciously accept your opponents' 1 term counter offer as a reluctant compromise.

[GunnyFreedom]

I think you should propose a bill limiting terms to 0. Then, graciously accept your opponents' 1 term counter offer as a reluctant compromise.

LOL don't I wish.

[phill4paul]

I think that would be the wisest way to go about it. Then again the way things have played out for you perhaps introduce it as an amendment. Then after it is shot down a GOPer will just re-word it slightly and get the credit for introducing a new statute limiting term limits.
Once you have it sussed out post what you have and I will social network it to those I know.

[GunnyFreedom]

It's going to be an amendment for the November ballot. Apparently the Supreme Court has ruled somewhere that term limits have to be amendments. And the wording will be three consecutive or 5 nonconsecutive terms for BOTH houses.

I know the form is unusual, but I think it works to allow seniority while preventing entrenchment.

[eduardo89]

I don't think I've ever seen the consecutive term limit anywhere outside of Mexico before (oh and Russia for president). In Mexico you can't serve consecutive terms in Congress. There's no term limits overall, but if you serve one term, you can't run for reelection for the next session. There's no reelection at all for Governor and President, as is typical in Latin America.

[GunnyFreedom]

Wow, and here I thought I had come up with something genuinely new. Mind you, saying three consecutive or five nonconsecutive is a bit different than 'no consecutive.' And I doubt I'll be citing Mexico and Russia as a precedent, as that would not be helpful.