Law on term limits hangs in high court limbo
■ Opponents of the 1992 term
limits amendment have filed
suit, arguing that a 1906 law
renders it unconstitutional
By Lindsay Bucheie
for the Emerald
The Oregon Supreme Court is de
liberating to determine whether a
term limits amendment — passed
by 70 percent of Oregon voters in
1992 — is constitutionally legal.
The court heard testimony in ear
ly November from lawyers repre
senting the nonprofit group U.S.
Term Limits and from the group that
opposes term limits, which in
eludes former Reps. Bill Markham
and Mike Lehman.
Markham and Lehman have filed
suit against the term limits law, ar
guing that a recent interpretation of
a 1906 amendment makes the law
unconstitutional.
The 1906 law states that if an ini
tiative is made up of more than one
part and will affect more than one
part of the constitution, it is illegal.
In 1998, some interpretation was
given to this law through the Armat
ta v. Kitzhaber case, but the interpre
tation is still not clear, U.S. Term
Limits attorney Eric Winters said.
Winters said under the Armatta
decision, the courts must decide if
the initiative makes multiple sub
stantive changes to the constitution
and if the parts within the initiative
are not “closely related.” It’s the
“closely related” language that
leaves the law open-ended, he said.
Because the amendment created
term limits for more than one office,
including legislators and the gover
nor, Markham and Lehman say it was
an illegal action. Both are strongly op
posed to term limits, though Lehman
said there is little possibility of
Markham or himself running for of
fice again if the limits are thrown out.
“You can’t take a bunch of things
and bundle them together in one
ballot measure,” Lehman said. “It
Current Term Limits for Oregon Offices
State Representatives: 2-year terms, can serve 6 years total
State Senators: 4-yearterms, ca:
Governor: 4-yearterm$> can serve 8 years total
Treasurer: 4-yearterms, can serve 8 years total
Secretary of State: 4-year terms, can serve 8 years total
SOURCE; Enc Winters,
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had an impact on how people
would have voted for each individ
ual term limit.”
But the U.S. Term Limits group
disagrees, and feels Oregon’s legis
lators, most of whom are in support
of the suit, are trying to override the
people’s authority to enact a law.
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“They are trying to retroactively
enforce a law,” U.S. Term Limits
spokeswoman. Stacie Rumenap
said. “The Armatta decision was
made in 1998, and they are trying to
enforce it on an older law. ”
Winters said this would mean
every law since 1906 that has dealt
with more than one article could be
challenged.
In response to that possibility,
Marion Circuit Judge Paul Lip
scomb ruled that no laws passed be
fore 1992 .could be challenged with
the Armatta decision. And the Leg
islature passed a law in the 2000
session that pushes back the filing
date for elected offices, allowing
time for the term limits law to be
challenged and allowing legislators
time to run for office if term limits
are thrown out.
‘Term limits have robbed
the legislature of experience
and vastly increased the
power of special interests
groups.”
Charles Hinkle
attorney for term-limit
opponents
Winters said the 10-year rule was
made to specifically include term
limits as a law that could be chal
lenged.
“(The Legislature) made it so the
vote wouldn’t go back to the people,
because they know the people are in
support of term limits,” Rumenap
said.
Lehman argues that voters could
present another initiative that
would specifically define term lim
its if term limits are thrown out by
the Oregon Supreme Court. His
lawyer, Charles Hinkle, said it
would be for the best if the limits
were thrown out.
“Term limits have robbed the leg
islature of experience and vastly in
creased the power of special inter
ests groups,” Hinkle said. “Now it’s
like kindergarten every year; it’s
brand new every time. ”
Winters disagrees, pointing out
that Oregon voters don’t want
“kings.”
“Lifetime politicians can get cor
rupted,” he said. “They get discon
nected from voters.”
Both sides do agree that it’s very
difficult to frame the language of the
Armatta decision and apply it to
such laws.
“I hope this new ruling will bring
some clarity to the interpretation of
the law,” Winters said.
The Supreme Court is expected to
rule before the filing date for office,
which is in March 2002.
Lindsay Buchele a freelance reporter
for the Oregon Daily Emerald.
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