It is the official position of the People of the State of California that our elected officials should vote to enact, by amendment to the U.S. Constitution, congressional term limits which are not longer than three terms in the U.S. House of Representatives, nor two terms in the U.S. Senate.
Regulations Governing Elections in CitiesThe Congressional Term Limits Act
Section § 10204.1
This section states that the people of California believe it is important for elected officials to support an amendment to the U.S. Constitution. This amendment should impose term limits on Congress members, limiting them to three terms in the House of Representatives and two terms in the Senate.
congressional term limits term limits U.S. Constitution amendment
Section § 10204.2
Californians want Congress to consider a new constitutional amendment that would limit how long people can serve in Congress. It suggests that House members be limited to three terms, but once the amendment is approved, anyone already serving can only be re-elected twice more. For Senators, the limit is two terms, but current Senators could only serve one more term after the amendment passes. There's no specific deadline for this proposal to be ratified by enough states.
It is the will of the People of the State of California that application be made to Congress on behalf of the People of California and the California Legislature that Congress adopt the following amendment to the U.S. Constitution:
Section A.No person may serve in the office of U.S. Representative for more
than three terms, but upon ratification of the Term Limits Amendment no person who has held the office of U.S. Representative or who then holds the office may serve for more than two additional terms.
Section B.No person may serve in the office of U.S. Senator for more than two terms, but upon ratification of the Term Limits Amendment no person who has held the office of U.S. Senator or who then holds the office may serve more than one additional term.
Section C.This article shall have no time limit within which it must be ratified by the legislatures of three-fourths of the several states.
Congressional term limits U.S. Representative term limits U.S. Senator term limits
Section § 10204.3
This law section expresses California’s desire to impose term limits on U.S. Congress members. It instructs the state legislature to ask Congress to call a convention to propose an amendment to the U.S. Constitution, using the process outlined in Article V.
The California Legislature, due to the desire of the People of the State of California to establish term limits on the Congress of the United States, is hereby instructed to make the following application to Congress, pursuant to its power under Article V of the U.S. Constitution:
“We, the People and Legislature of the State of California, 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 U.S. Constitution, to call a convention for proposing amendments to the Constitution.”
term limits U.S. Congress Article V
Section § 10204.4
This law tells state legislators in California to use their authority to help pass a request to Congress to call for a convention under Article V of the U.S. Constitution. The goal is to support a Congressional Term Limits Amendment. If Congress proposes this amendment, legislators are also instructed to ratify it.
Each state legislator is hereby instructed to use all of his or her delegated powers to pass the Article V application to Congress set forth in Section 10204.3, and to ratify, if proposed by Congress, the Congressional Term Limits Amendment set forth in Section 10204.2.
state legislator duties Article V application Congressional Term Limits Amendment
Section § 10204.5
This law requires election ballots to inform voters if a candidate for U.S. Representative, U.S. Senator, State Senator, or Assembly Member didn't support the proposed Congressional Term Limits Amendment. If they didn't perform certain actions related to supporting the amendment, like voting in favor or ensuring votes are public, the phrase "DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS" will appear next to their name on the ballot.
This phrase won't appear if California has already applied to Congress for a constitutional amendment and it hasn't been withdrawn, or if the amendment has been ratified and is part of the U.S. Constitution.
(a)CA Elections Code § 10204.5(a) As provided in this act, at each election for the office of United States Representative, United States Senator, State Senator, or Member of the Assembly, the ballot shall inform voters regarding any incumbent or nonincumbent candidate’s failure to support the above proposed Congressional Term Limits Amendment.
(b)CA Elections Code § 10204.5(b) All primary, general, and special
election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any State Senator or Member of the Assembly who during the regular legislative session following the most recent general election:
(1)CA Elections Code § 10204.5(b)(1) Failed to vote in favor of the application set forth in Section 10204.3 when brought to a vote; or
(2)CA Elections Code § 10204.5(b)(2) Failed to second the application set forth in Section 10204.3 if it lacked for a second; or
(3)CA Elections Code § 10204.5(b)(3) Failed to vote in favor of all votes bringing the application set forth in Section 10204.3 before any committee or subcommittee upon which he or she served in the respective houses; or
(4)CA Elections Code § 10204.5(b)(4) Failed to propose or otherwise bring to a vote of the full legislative body the application set forth in
Section 10204.3 if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the application set forth above; or
(5)CA Elections Code § 10204.5(b)(5) Failed to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body of the application set forth in Section 10204.3; or
(6)CA Elections Code § 10204.5(b)(6) Failed in any way to ensure that all votes on the application set forth in Section 10204.3 were recorded and made available to the public; or
(7)CA Elections Code § 10204.5(b)(7) Failed to vote against any change, addition, or modification to the application set forth in Section 10204.3; or
(8)CA Elections Code § 10204.5(b)(8) Failed to vote in favor of the amendment set forth in Section 10204.2 if it was sent to the states for ratification; or
(9)CA Elections Code § 10204.5(b)(9) Failed to vote against any term limits amendment other than the proposed amendment set forth in Section 10204.2, if such an amendment was sent to the states for ratification.
(c)CA Elections Code § 10204.5(c) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” as required by any of paragraphs (1) to (7), inclusive, of subdivision (b) shall not appear adjacent to the names of candidates for the State Senate or Assembly if the State of California has made the application to Congress for a convention for proposing amendments to the U.S. Constitution pursuant to this article and such application has not been withdrawn.
(d)CA Elections Code § 10204.5(d) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” as required by either of paragraphs (8) and (9) of subdivision (b), shall not appear adjacent to the names of candidates for the State Senate or Assembly if the Congressional Term Limits Amendment
set forth in Section 10204.2 has been submitted to the states for ratification and ratified by the California Legislature, or the proposed Congressional Term Limits Amendment set forth in Section 10204.2 has become part of the U.S. Constitution.
Congressional Term Limits Amendment ballot information incumbent candidate
Section § 10204.6
This law directs California's representatives in Congress to do everything within their power to support the passage of a proposed amendment that would limit the terms of congressional members. This is specifically referring to the amendment mentioned in another section, 10204.2.
Each member of the California congressional delegation is hereby instructed to use all of his or her delegated powers to pass the Congressional Term Limits Amendment set forth in Section 10204.2.
Congressional Term Limits California delegation amendment support
Section § 10204.7
This law states that voters will see a note labeled "DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS" next to the name of any U.S. Representative or Senator on election ballots if, after the most recent general election, they failed to support a term limits amendment in various specific ways. These include not voting for or seconding the term limits proposal, not bringing it to a full vote, not opposing delays, or supporting different term limit proposals.
All primary, general, and special election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any U.S. Representative or U.S. Senator who during the first 12 months of the regular legislative session following the most recent general election:
(a)CA Elections Code § 10204.7(a) Failed to vote in favor of the proposed Congressional Term Limits
Amendment set forth in Section 10204.2 when brought to a vote; or
(b)CA Elections Code § 10204.7(b) Failed to second the proposed Congressional Term Limits Amendment set forth in Section 10204.2 if it lacked for a second before any proceeding of the legislative body; or
(c)CA Elections Code § 10204.7(c) Failed to propose or otherwise bring to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth in Section 10204.2 if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth in Section 10204.2; or
(d)CA Elections Code § 10204.7(d) Failed to vote in favor of all votes bringing the proposed Congressional Term Limits Amendment set forth in Section 10204.2 before any committee or subcommittee upon which he or she served in the respective houses; or
(e)CA Elections Code § 10204.7(e) Failed to vote against or 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 in Section 10204.2; or
(f)CA Elections Code § 10204.7(f) Failed to vote against any term limits proposal other than the proposed Congressional Term Limits Amendment set forth in Section 10204.2; or
(g)CA Elections Code § 10204.7(g) Sponsored or co-sponsored any proposed Constitutional amendment or law that proposes term limits other than those in the proposed Congressional Term Limits Amendment set forth in Section 10204.2; or
(h)CA Elections Code § 10204.7(h) Failed to ensure that all votes on the proposed Constitutional Term Limits Amendment set forth in Section 10204.2 were recorded and made available to the public.
election ballots term limits amendment U.S. Representative
Section § 10204.8
This law states that the phrase “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” cannot be placed next to a candidate’s name in a congressional election if the Constitutional amendment related to term limits has been proposed or has already become part of the U.S. Constitution.
The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” may not appear adjacent to the names of a candidate for Congress if the Congressional Term Limits Amendment set forth in Section 10204.2 is before the states for ratification or has become part of the U.S. Constitution.
term limits Congressional candidates voter instruction
Section § 10204.9
This section allows nonincumbent candidates running for U.S. Representative, U.S. Senator, State Senator, or State Assembly Member to sign a "Term Limits Pledge" when filing for candidacy. If they choose not to sign, the ballot will indicate "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" next to their name.
The Secretary of State is tasked with deciding whether this, or a similar note such as "DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS," should appear next to candidate names on the ballot, considering public comments submitted in time. These decisions for incumbents and nonincumbents have specific deadlines based on election and legislative timelines.
If a candidate disagrees with the Secretary of State's decision about the ballot note, they can appeal to the California Supreme Court within five days. The Court must make a decision within a set timeline, shifting the burden of proof onto either the Secretary or the candidate, depending on who appeals the initial determination.
Notwithstanding any other provision of California law,
(a)CA Elections Code § 10204.9(a) A nonincumbent candidate for the office of U.S. Representative and U.S. Senator, State Senator, or Member of the Assembly shall be permitted to sign a ‛Term Limits Pledge‛ each time he or she files as a candidate for such an office. A candidate who declines to sign the “Term Limits Pledge” shall have “DECLINED TO PLEDGE TO
SUPPORT TERM LIMITS” printed adjacent to his or her name on the election ballot.
(b)CA Elections Code § 10204.9(b) Each time a nonincumbent candidate for U.S. Senator, U.S. Representative, State Senator, or Member of the Assembly files for candidacy, he or she shall be offered the “Term Limits Pledge,” until such time as the U.S. Constitution has been amended to limit U.S. Senators to two terms in office and U.S. Representatives to three terms in office.
(c)CA Elections Code § 10204.9(c) The “Term Limits Pledge” that each nonincumbent candidate set forth above shall be offered is as follows:
“I support congressional term limits and pledge to use all of my legislative powers to enact the proposed Congressional Term Limits Amendment set forth in the Congressional Term Limits Act. If elected, I pledge to act and vote in such a way that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM
LIMITS‛ will not appear next to my name.”
The pledge form will provide a space for the signature of the candidate and the date signed.
(d)CA Elections Code § 10204.9(d) The Secretary of State shall be responsible to make an accurate determination as to whether a candidate for the state or federal legislature shall have placed adjacent to his or her name on the election ballot “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS.”
(e)CA Elections Code § 10204.9(e) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subdivision (d).
(f)CA Elections Code § 10204.9(f) The Secretary of State, in accordance with subdivision (d) shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent state and federal
legislator if he or she is to be a candidate in the next general election. In the case of U.S. Representatives and U.S. Senators, this determination and declaration shall be made not later than 13 months after a new Congress has been convened, and shall be based upon Congressional action in the first 12 months of the regular session following the most recent general election. In the case of incumbent state legislators, this determination and declaration shall be made not later than 13 months after a new Legislature has been convened, and shall be based upon state congressional action in the first 12 months of the regular session following the most recent general election.
(g)CA Elections Code § 10204.9(g) The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of nonincumbent candidates for Congress and the California Legislature, not later than five days after the deadline for filing for the office.
(h)CA Elections Code § 10204.9(h) If the Secretary of State makes the determination that “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” may not be placed on the ballot adjacent to the name of a candidate for senator or representative for state or federal office, any elector shall appeal such decision within five days to the California Supreme Court as an original action or waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this article and therefore should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(i)CA Elections Code § 10204.9(i) If the Secretary of State determines that “DISREGARDED VOTERS’
INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall be placed on the ballot adjacent to a candidate’s name, the candidate shall appeal such decision within five days to the California Supreme Court as an original action or waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(j)CA Elections Code § 10204.9(j) The Supreme Court shall hear the appeal provided for in subdivision (h) and issue a decision within 120 days. The Supreme Court shall hear the appeal provided for in subdivision (i) and issue a decision not later than 61 days before the date of the election.
Term Limits Pledge nonincumbent candidates electoral ballot notations
Section § 10204.10
This law states that once the amendment for Congressional term limits, as outlined in Section 10204.2, is added to the U.S. Constitution, this particular article will no longer be valid and will be repealed automatically.
At such time as the Congressional Term Limits Amendment set forth in Section 10204.2 has become part of the U.S. Constitution, this article automatically shall be repealed.
Congressional term limits U.S. Constitution amendment automatic repeal
Section § 10204.11
This law means that if any part of the act is found invalid or unconstitutional, the rest of the act will still remain effective. Additionally, this act takes precedence over any conflicting state laws.
Severability. If any portion, clause, or phrase of this act 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. The portions of this act shall supersede all inconsistent provisions of state law.
severability invalid clauses unconstitutional provisions
