House Seeks Term Limits Advisory Vote If Senate Backs Contentious Decision, The Public Would Have Its Say In The Fall

If the Idaho Senate goes along with the House, voters next fall would be asked if they want to repeal the term limits law enacted four years ago.

The House voted 43-24 on Friday for a bill putting the term limit law to an advisory vote. Opponents called it self-serving, some hinting the real goal was throwing out a law that could force some lawmakers out of office in a couple of years.

“Why don’t we get the message?” asked Rep. David Callister, R-Boise. “Term limits is the policy of this state. We ought to listen and abide.”

Sponsors maintained that when term limits were enacted through initiative in 1994, people thought they were imposing term limits on Congress. But courts have ruled that state term limits cannot be applied to federal officials.

“The right thing to do is to put the issue back on the ballot and let the people deal with it,” said Rep. John Tippets, R-Bennington.

The term limits law doesn’t bar incumbents from running for re-election, but it keeps their names off the ballot. An incumbent still could run as a write-in.

The bill was passed by the House’s GOP leadership, and all four of them voted for it, but House Republicans overall divided 33-23. All of the Democrats voted for the advisory vote except Rep. Jim Stoicheff of Sandpoint.

Tippets said the Legislature cannot give up its law-making authority through an advisory vote. Even if the advisory vote suggests abolishing term limits, it would be up to the 1999 Legislature to take action.

Callister said people knew what they were doing when they imposed term limits on state and local officials and legislators.

“I never had the impression it was intended to apply only to federal officials,” he said.

“The people have said they want term limits, not once but twice,” said Rep. Dorothy Reynolds, R-Caldwell. “They understood it.”

Rep. Jeff Alltus, R-Hayden, declared himself a strong proponent of term limits. He noted that just nine counties voted against term limits in 1994, by a combined 1,800 votes.

It passed by more than 22,000 votes in Ada County alone and Alltus’ county, Kootenai, gave 70 percent approval.

“The big counties will just vote to put this back on again. It is a waste of time to put this on the ballot,” Alltus said.

Rep. Mark Stubbs, R-Twin Falls, said the “honest vote” would be if the Legislature asked people only if they wanted to keep term limits on legislators.

He and others suggested killing the advisory idea so they could vote on an “opt out” bill to allow local votes whether to keep term limits on city, county and school board members.

Majority Floor Leader Bruce Newcomb, R-Burley, said the Legislature was considering several bills proposing repealing parts of the term limits law. Seeking an advisory vote, he said, “was a reasonable conclusion to draw without it being self-serving.”