Alaska Official Election Pamphlet
BALLOT MEASURE NO. 4: Candidates' Positions on Congressional Term Limits
BALLOT LANGUAGE:
Proposition: This initiative encourages support of an
amendment to the U.S. Constitution limiting U.S. Senators
to two terms and U.S. Representatives to three terms.
State legislators failing to take actions to support the
amendment would have printed on the ballot next to their
names "VIOLATED VOTER INSTRUCTION ON TERM
LIMITS". Members of Congress failing to take such
actions would also have this phrase printed next to their
names. Non-incumbent candidates for Congress and the
state legislature could take a "terms limits" pledge. If they
decline, "DECLINED TO TAKE PLEDGE TO SUPPORT
TERM LIMITS" would be printed next to their names.
Should this initiative become law?
Yes [ ]
No [ ]
LEGISLATIVE AFFAIRS AGENCY SUMMARY:
This measure sets out requirements for term limits. It
also amends state law to require that state ballots give
information to voters about candidates who fail to support term limits.
Term limits would affect only persons serving in the
United States Congress. The requirement to give
information about support of term limits would apply to
persons running for both federal and state legislative offices.
The measure first instructs candidates for both the state
legislature and U.S. Congress to support an amendment
to the U.S. Constitution to set term limits. It instructs the
state legislature to apply to Congress for a constitutional
convention. The limits would be set at three two-year
terms for members of the House of Representatives and
two six-year terms for members of the Senate.
The measure also amends law relating to candidates both
for the state legislature and for Congress. The change
would give information on the ballot about a person's
support of term limits. For a candidate for re-election who
has acted or voted in a way that does not support the term
limits amendment, the ballot would state that the
candidate violated voter instructions on term limits. For a
candidate for election for the first time, the candidate
would have a chance to sign a pledge to support term
limits. If the person did not sign the pledge, the ballot
would state that the person has declined to take the
pledge to support term limits. The measure says that
support of term limits shall not appear on the ballot if the
term limits amendment has reached certain steps toward becoming law.
FULL TEXT OF PROPOSED LAW:
Be it enacted by the people of the State of Alaska
Sec 1. TITLE. This act shall be known as and may be
cited as "The Congressional Term Limits Act of 1996".
Sec. 2. FINDINGS AND DECLARATIONS. The People
of the State of Alaska find and declare as follows:
(a) The People of Alaska voted by more than 62
percent to limit the terms of U.S. Representatives to three
terms and limit U.S. Senators to two terms.
(b) The U.S. Supreme Court has ruled that an
amendment to the U.S. Constitution is necessary to limit
terms of members of Congress.
(c) There are two methods to propose amendments
to the U.S. Constitution that must then be ratified by three-fourths
of the States, or 38. These methods are
(1) for two-thirds of both houses of the United
States Congress to so vote or
(2) for 34 states to apply for an amendment
convention to so vote.
(d) The Congress has refused to propose such an
amendment, and by a clear majority defeated the same
term limits passed by over 62 percent of the Voters of
Alaska in 1994.
(e) The Congress has a clear conflict of interest
in proposing term limits on themselves.
Sec. 3. PURPOSE AND INTENT. The purpose and
intent in enacting this legislation is to secure the following
amendment under the provisions of Article V of the United
States Constitution by informing voters of acts and
omissions by candidates for congressional and legislative
office with respect to said constitutional amendment:
CONGRESSIONAL TERM LIMITS AMENDMENT
Sec. A. No person shall serve in the office of the
United States Senator for more than two terms, but
upon ratification, no person who has held the office of
the United States Senator or who then holds the office
shall serve in the office for more than one additional
term.
Sec. B. No person shall serve in the office of United
States Representative for more than three terms, but
upon ratification no person who has held the office of
United States Representative or who then holds the
office shall serve for more than two additional terms.
Sec. C. This article shall have no time limit within
which it must be ratified to become operative upon
the ratification of the legislatures of three-fourths of
the States.
It is the further purpose and intent of this act to instruct all
candidates, including incumbents running for retention of
office, to use all of his or her delegated powers to secure
the amendment to the United States Constitution, as set
forth above, and further to specifically instruct the
legislature of the State of Alaska to support the following
proposed application to Congress:
We, the people, and legislature of the State of Alaska, due
to our desire to establish term limits on the Congress of
the United States, hereby make application to Congress,
pursuant to our power under Article V of the United States
Constitution, to call an Article V Convention.
Sec. 4. BALLOT INFORMATION FOR STATE
LEGISLATORS. (a) All primary, special and general
election ballots shall have "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" printed adjacent to the
name of any respective state senator or representative
who during the preceding term of office:
(1) fails to vote in favor of the application set
forth above when brought to a vote or;
(2) fails to second the application set forth above
if it lacks for a second or;
(3) fails to vote in favor of bringing the
application set forth above before any committee or
subcommittee upon which he or she serves in the
respective house or;
(4) fails to propose or otherwise bring to a vote of
the full legislative body the application set forth above if it
otherwise lacks a legislator who so proposes or brings to
a vote of the full legislative body the application set forth
above or;
(5) fails to vote against any attempt to delay,
table or otherwise prevent a vote by the full legislative
body of the application set forth above or;
(6) fails in any way to ensure that all votes on the
application set forth above are recorded and made
available to the public or;
(7) fails to vote against any change, addition or
modification to the application set forth above or;
(8) fails to vote in favor of the amendment set
forth above if it is sent to the states for ratification or;
(9) fails to vote against any amendment with
longer limits if such an amendment is sent to the states for ratification.
(b) The language "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" when required by any
of subsections (1) through (7) shall not appear adjacent to
the names of candidates for state legislature if the State of
Alaska has made an application to Congress for an Article
V convention pursuant to the Act and such application has
not been withdrawn, or if a Congressional Term Limits
Amendment has been submitted to the States for
ratification.
(1) the State of Alaska has made an application
to Congress for an Article V amendment pursuant to the
Act and such application has not been withdrawn or;
(2) the Congressional Term Limits Amendment
set forth above has been submitted to the states for
ratification and has been ratified by this state or the
Amendment set forth above has become part of the
United States Constitution.
(c) The language "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" when required by
subsection (8) or (9) shall not appear adjacent to the
names of candidates for state legislature if the State of
Alaska has ratified the proposed Congressional Term
Limits Amendment set forth above.
(d) The language "VIOLATED VOTER INSTRUCTION
ON TERM LIMITS" when required by any of subsections (1)
through (9) shall not appear adjacent to the names of
candidates for state legislature if the proposed congressional
Term Limits Amendment set forth above has become part of
the United States Constitution.
Sec. 5. BALLOT INFORMATION FOR MEMBERS OF
CONGRESS. (a) All primary, special and general election
ballots shall have "VIOLATED VOTER INSTRUCTION ON
TERM LIMITS" printed adjacent to the name of any United
States Senator or Representative who during the
preceding term of office:
(1) fails to vote in favor of the proposed
Congressional Term Limits Amendment set forth above
when brought to a vote or;
(2) fails to second the proposed Congressional
Term Limits Amendment set forth above if it lacks for a
second before any proceeding of the legislative body or;
(3) fails to propose or otherwise bring to a vote of
the full legislative body the proposed Congressional Term
Limits Amendment set forth above if it otherwise lacks a
legislator who so proposes or brings to a vote of the full
legislative body the proposed Congressional Term Limits
Amendment set forth above or;
(4) fails to vote in favor of all votes bringing the
Congressional Term Limits Amendment set forth above
before any committee or subcommittee of the respective
house upon which he or she serves or;
(5) fails to reject any attempt to delay, table or
otherwise prevent a vote by the full legislative body of the
proposed Congressional Term Limits Amendment set
forth above or;
(6) fails to abstain or vote against any proposed
constitutional amendment that would increase term limits
beyond those in the proposed Congressional Term Limits
Amendment set forth above regardless of any other
actions in support of the proposed Congressional Term
Limits Amendment set forth above or;
(7) sponsors or cosponsors any proposed
constitutional amendment or law that would increase term
limits beyond those in the proposed Congressional Term
Limits Amendment set forth above or;
(8) fails in any way to ensure that all votes on the
proposed Congressional Term Limits Amendment set forth
above are recorded and made available to the public.
(b) The language "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" shall not appear
adjacent to the names of candidates for Congress if the
Congressional Term Limits Amendment set forth above is
before the states for ratification or has become part of the
United States Constitution.
Sec. 6. BALLOT INFORMATION ON TERM LIMIT
PLEDGE FOR NON-INCUMBENTS. (a) Non-incumbent
candidates for United States Senator and Representative, and
state senator and representative shall be given an opportunity
to take a "Term Limits" pledge regarding Term Limits each
time they file to run for such office. Those who decline to take
the "Term Limits" pledge shall have "DECLINED TO TAKE
PLEDGE TO SUPPORT TERM LIMITS" printed adjacent to
their name on every primary and general election ballot.
(b) The "Term Limits" pledge shall be offered to non-incumbent
candidates for United States Senator and
Representative, and to non-incumbent candidates for state
senator and representative until a Constitutional
Amendment which limits the number of terms of United
States Senators to no more than two and United States
Representatives to no more than three shall have become
part of our United States Constitution.
(c) The "Term Limits" pledge that each non-incumbent candidate,
set forth above, shall be offered is as follows:
I support term limits and pledge to use all my
legislative powers to enact the proposed
Constitutional Amendment set forth in the
Congressional Term Limits Act of 1996. If elected,
I pledge to vote in such a way that the designation
"VIOLATED VOTER INSTRUCTION ON TERM
LIMITS" will not appear adjacent to my name.
_________________________
Signature of Candidate
(d) The language "DECLINED TO TAKE PLEDGE
TO SUPPORT TERM LIMITS" shall not appear adjacent to
the names of non-incumbent candidates for congress or
the legislature if the Congressional Term Limits
Amendment set forth above has become part of the
United States Constitution.
Sec. 7. DESIGNATION. (a) The Lieutenant Governor and
state election officials shall be responsible for making a
determination as to whether state and federal legislators and
non-incumbent candidates shall have placed adjacent to their
name on the election ballot "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" or "DECLINED TO TAKE
PLEDGE TO SUPPORT TERM LIMITS".
(b) The determination as to whether or not
"VIOLATED VOTER INSTRUCTION ON TERM LIMITS" or
"DECLINED TO TAKE PLEDGE TO SUPPORT TERM
LIMITS" shall be placed adjacent to a candidate's name
shall be made at a time necessary to ensure placement of
that designation on the ballot after a forty-five (45) day
public comment period.
(c) If the official(s) with the authority to determine
whether or not the designation "VIOLATED VOTER
INSTRUCTION ON TERM LIMITS" or "DECLINED TO
TAKE PLEDGE TO SUPPORT TERM LIMITS" shall be
placed adjacent to a candidate's name choose(s) not to
place such designation adjacent to the name of a senator
or representative for state or federal office, any citizen
may sue within the 45 day public comment period to have
such a designation made. Upon the filing of a suit, such a
designation shall be made unless the candidate or the
official(s) responsible for determining whether or not the
designation shall appear adjacent to the candidate's name
can show by clear and convincing evidence that the
candidate has met the requirements set forth in this
amendment and therefore should not have the designation
adjacent to the candidate's name.
Sec. 8. SEVERABILITY. If any portion, clause, or
phrase of this initiative is, for any reason, held to be
invalid or unconstitutional by a court of competent
jurisdiction, the remaining portions, clauses, and phrases
shall not be affected, but shall remain in full force and
effect.
STATEMENT IN SUPPORT:
Voting yes on Proposition #4 will be the first thing you can
do to put term limits on members of Congress and help
end business as usual in Washington, D.C. Proposition
#4 puts you back in charge of your government. Two
years ago the citizens of Alaska passed congressional
term limits with 63 percent of the vote only to be thwarted
by arrogant judges and ignored by career politicians. This
year we are back and you can make congressional term
limits a reality by voting "Yes" on Proposition #4.
Proposition #4 will impose term limits on all members of
Congress, and not single out Alaska's delegation.
Today's election process heavily favors incumbents.
Through a list of advantages available only to incumbents
paid for by you, such as taxpayer financed bulk mailings,
highly paid and trained political staffs, pork barrel politics
and special interest money. Simply put, a member of
congress can have a job for life if they play their cards
right - and most of them do.
A yes vote on Proposition #4 is the only way to level the
playing field and let fresh ideas and new faces into the
system of entrenched career politicians. A yes vote on
Proposition #4 is about cleaning out the system of
seniority and power accumulation and replacing it with
citizen legislators who know what it is like to live outside
of government. Citizen legislators are more likely to work
for the good of the country instead of the good of the
special interests that fuel the perpetual reelection
campaigns of the career politician.
We need citizen legislators in this country, not masters of
parliamentary games and backroom deals. For all of their
experience, all they have to show is skyrocketing debt and
inefficient programs that do more harm than good. We
need the kind of common sense in government that
comes from people who know what it is like to run a
private business, to teach children in schools or any
number of other fields in the private sector.
Proposition #4 will lead to greater citizen participation in
government. More open seats will allow more people than
ever before to run for and win seats in Congress.
Since 1990, 23 million Americans have voted for
congressional term limits in 23 states. Instead of listening
to the people, the career politicians looked to the Courts
for protection. In a 5-4 decision the Supreme Court sided
with the politicians over the people. Proposition #4 gives
the power back to the people. The President, 40
governors, including Alaska's, and 20 state legislators, as
well as thousands of cities, including Anchorage, have
term limits for elected officials. Congress has a clear
conflict of interest on term limits. We hold the key to real
reform and Proposition #4 moves toward the day when all
of Congress will serve under term limits. Vote YES on
Proposition #4.
Edward Burke, Chairman
ALASKA TERM LIMIT COALITION
(907) 277-7424
STATEMENT IN OPPOSITION:
This ballot measure calls for holding a CONSTITUTIONAL
CONVENTION. Had this measure been fully explained,
Alaska voters would never have signed petitions to get it
on the ballot. Under the banner of term limits, petitioners
have induced voters to sign a document to force our state
legislators to call the first constitutional convention since
our Founding Fathers met in Philadelphia in 1787.
An Article V constitutional convention is a process for
making amendments (in the plural) to the United States
Constitution. America's top legal scholars believe that it is
dangerous because it could adopt changes in the entire
Constitution and Bill of Rights.
Chief Justice of the United States Warren Burger: "After a
Convention is convened it will be too late to stop the
Convention if we don't like its agenda...A new Convention
could plunge our nation into constitutional confusion and
confrontation at every turn..."
Supreme Court Associate Justice Arthur Goldberg: "..one
of the most serious problems Article V poses is a runaway
convention. There is no enforceable mechanism to
prevent a convention from reporting out wholesale
changes in our Constitution and Bill of Rights."
Gerald Gunther, Professor of Law, Stanford University:
"The fear that a constitutional convention could become a
'runaway' convention and propose wholesale changes in
our Constitution is by no means unfounded. Rather, this
broad view of the authority of a convention reflects the
consensus of most constitutional scholars who have
commented on the issue...I have developed lengthy
arguments, legal and practical, that support the case that
there is no effective way to limit the agenda of a
convention, as have many other scholars."
No matter what else Ballot Measure 4 may contain, the
application to Congress to call a convention with power to
make fundamental, structural changes in the whole
Constitution fatally infects it with power to do irreparable harm.
Our Constitution already contains checks and balances
that limit the power of our federal government. Would a
new constitutional convention be more likely to further
limit the federal government's power or to expand its
power? Do you want today's politicians making
"wholesale changes" to our Constitution? Our Constitution
is not flawed, it only needs to be followed and it is up to
the voters to ensure that it is.
Additionally, state legislators who oppose this measure
would have wording placed beside their names on future
ballots accusing them of failure to support term limits.
This misrepresents the motives of the legislators who
honored their oaths of office by refusing to endanger the
Constitution in an Article V convention. An identical ballot
measure in Idaho was declared unconstitutional by the
Attorney General. This negative notation on ballots results
in the government taking a side on an issue and using the
power of government to influence the outcome of elections.
We would be foolish indeed to endanger our entire system
of government to expel those members of Congress
whom the voters can retire any time they decide to do so.
Bill Spearman
Alaska TRIM Committee
(907) 248-0792
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