January 22, 2021
Contact: Scott Tillman, U.S. Term Limits
Phone: (321) 345-7455
stillman@termlimits.com
Federal Judge Foils Michigan Lawmakers’ Attempt to Abolish State Term Limits
Grand Rapids, Michigan – U.S. Term Limits applauds the decision of Judge Janet T. Neff to dismiss without merit a lawsuit attempting to overturn Michigan’s term limits on state officials. Former state legislators and lobbyists challenged a voter-initiated amendment, which has been on the books for nearly thirty years. Section § 54 “Limitations on terms of office of state legislators” imposes a lifetime limit on state representatives of three two-year terms (a total of six years) and limits state senators to two four-year terms (a total of eight years).
The case, Kowall et al v Benson, 19-985 (WD Mich), was filed by ten former legislators, six of whom are lobbyists, disgruntled by the term limits law.
“Rather than honor the will of Michigan voters, these politicians are trying to get the court to overturn the people’s term limits,” said Scott Tillman of Kentwood, Michigan. He continued, “This is why term limits are so popular… politicians get a taste of power and no longer represent what their constituents want.”
In the brief, Michigan’s Secretary of State Jocelyn Benson responded that the rights of elected officials should not supersede the rights of the voters of Michigan, who passed Proposal B in 1992 by a vote of 58.7% to 41.3%.
Judge Neff agreed.
The term limits amendment was previously challenged and upheld as constitutional by the Sixth Circuit Court of Appeals in 1998. That decision affirmed the merits that term limits maintain the integrity of the democratic system by fostering electoral competition, enhancing the lawmaking process, curbing special interest groups and decreasing political careerism.
“The people love term limits because they take power from lobbyists and politicians,” explained Tillman.
Recent polling shows term limits are even more popular now than in 1992 when first passed by voters. According to a poll conducted by Pulse Research and commissioned by U.S. Term Limits, a supermajority of Michigan voters support keeping the state’s current 6- and 8-year term limits, while believing the legislators’ attacks on the law are a result of self-serving motives.
The term limits victory this week also upheld the widely accepted notions that term limits prevent political careerism, reduce the advantages of incumbency, and increase diverse representation. The decision concludes that “a State has a compelling interest in imposing lifetime term limits on state legislators.”
U.S. Term Limits agrees and commends Judge Neff for her decision to deny the case without merit.
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Read Judge Neff’s decision here.
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U.S. Term Limits is the oldest and largest grassroots term limits advocacy group in the country. Our goal is to educate and connect term limits supporters with their legislators as we work to pass term limits on all elected officials, particularly on the U.S. Congress. Find out more at termlimits.org.