House Joint Resolution 12 - Introduced HOUSE JOINT RESOLUTION 12 BY GEARHART HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa limiting years of service for members 2 of the general assembly and certain statewide elected 3 officials. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2226HH (3) 91 ss/ns
H.J.R. 12 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 3 of Article III of the Constitution of the State of 3 Iowa is repealed and the following adopted in lieu thereof: 4 Sec. 3. Representatives —— term limitation. The members of 5 the house of representatives shall be chosen every second year, 6 by the qualified electors of their respective districts, and 7 their term of office shall commence on the first day of January 8 next after their election, and continue two years, and until 9 their successors are elected and qualified. A person shall 10 not be elected for a term as representative if the term would 11 result in the person serving more than six consecutive terms 12 in the house of representatives or for two years next after 13 serving six consecutive terms. If a person is elected to serve 14 a portion of a term to which some other person was elected 15 but that person died in office or resigned from office or was 16 otherwise removed from office, that portion of a term served 17 shall not be included in the terms of service for purposes of 18 this limitation. Service prior to January 1, 2029, shall not 19 be counted for the purpose of calculating consecutive terms. 20 Sec. 2. The following amendment to the Constitution of the 21 State of Iowa is proposed: 22 Section 5 of Article III of the Constitution of the State of 23 Iowa is repealed and the following adopted in lieu thereof: 24 Sec. 5. Senators —— qualifications —— term 25 limitation. Senators shall be chosen for the term of 26 four years, at the same time and place as representatives; 27 they shall be twenty-five years of age, and possess the 28 qualifications of representatives as to residence and 29 citizenship. A person shall not be elected for a term as 30 senator if the term would result in the person serving more 31 than three consecutive terms in the senate or for four years 32 next after serving three consecutive terms. If a person is 33 elected to serve a portion of a term to which some other person 34 was elected but that person died in office or resigned from 35 -1- LSB 2226HH (3) 91 ss/ns 1/ 5
H.J.R. 12 office or was otherwise removed from office, that portion of 1 a term served shall not be included in the terms of service 2 for purposes of this limitation. Service prior to January 1, 3 2029, shall not be counted for the purposes of calculating 4 consecutive terms. 5 Sec. 3. The following amendment to the Constitution of the 6 State of Iowa is proposed: 7 Section 2 of Article IV of the Constitution of the State of 8 Iowa is repealed and the following adopted in lieu thereof: 9 Sec. 2. Election and term. The governor and the lieutenant 10 governor shall be elected by the qualified electors at the 11 time and place of voting for members of the general assembly. 12 Each of them shall hold office for four years from the time 13 of installation in office and until a successor is elected 14 and qualifies. A person shall not be elected for a term as 15 governor if the term would result in the person serving more 16 than three consecutive terms as governor or for four years next 17 after serving three consecutive terms. A person shall not be 18 elected for a term as lieutenant governor if the term would 19 result in the person serving more than three consecutive terms 20 as lieutenant governor or for four years next after serving 21 three consecutive terms. If a person is elected or appointed 22 to serve a portion of a term to which some other person was 23 elected but that person died in office or resigned from office 24 or was otherwise removed from office, that portion of a term 25 served shall not be included in the terms of service for 26 purposes of this limitation. Service prior to January 1, 2029, 27 shall not be counted for the purpose of calculating consecutive 28 terms of service. 29 Sec. 4. The following amendment to the Constitution of the 30 State of Iowa is proposed: 31 Section 22 of Article IV of the Constitution of the State of 32 Iowa is repealed and the following adopted in lieu thereof: 33 Sec. 22. Secretary —— auditor —— treasurer —— term 34 limitation. A secretary of state, an auditor of state, and a 35 -2- LSB 2226HH (3) 91 ss/ns 2/ 5
H.J.R. 12 treasurer of state shall be elected by the qualified electors 1 at the same time that the governor is elected and for a 2 four-year term commencing on the first day of January next 3 after their election, and they shall perform such duties as may 4 be provided by law. A person shall not be elected for a term 5 as secretary of state, auditor of state, or treasurer of state 6 if the term would result in the person serving more than three 7 consecutive terms as secretary of state, auditor of state, or 8 treasurer of state, respectively, or for four years next after 9 serving three consecutive terms. If a person is elected or 10 appointed to serve a portion of a term to which some other 11 person was elected but that person died in office or resigned 12 from office or was otherwise removed from office, that portion 13 of a term served shall not be included in the terms of service 14 for purposes of this limitation. Service prior to January 15 1, 2029, shall not be counted for the purpose of calculating 16 consecutive terms of service. 17 Sec. 5. The following amendment to the Constitution of the 18 State of Iowa is proposed: 19 Section 12 of Article V of the Constitution of the State of 20 Iowa is repealed and the following adopted in lieu thereof: 21 Sec. 12. Attorney general —— term limitation. The general 22 assembly shall provide, by law, for the election of an attorney 23 general by the people, whose term of office shall be four 24 years, and until a successor is elected and qualifies. A 25 person shall not be elected for a term as attorney general if 26 the term would result in the person serving more than three 27 consecutive terms as attorney general or for four years next 28 after serving three consecutive terms. If a person is elected 29 or appointed to serve a portion of a term to which some other 30 person was elected but that person died in office or resigned 31 from office or was otherwise removed from office, that portion 32 of a term served shall not be included in the terms of service 33 for purposes of this limitation. Service prior to January 34 1, 2029, shall not be counted for the purpose of calculating 35 -3- LSB 2226HH (3) 91 ss/ns 3/ 5
H.J.R. 12 consecutive terms of service. 1 Sec. 6. The following amendment to the Constitution of the 2 State of Iowa is proposed: 3 The Constitution of the State of Iowa is amended by adding 4 the following new section to a new article: 5 ARTICLE ___. 6 LIFETIME TERM LIMITS. 7 Section 1. Certain elected officials —— lifetime term 8 limitation. A person shall not be elected to a term as 9 governor, lieutenant governor, secretary of state, auditor of 10 state, treasurer of state, attorney general, representative 11 in the general assembly, or senator in the general assembly 12 if the term would result in the person serving more than 13 twenty-four years in any of those offices or any combination 14 of those offices. This section does not apply to a person 15 elected to a term as governor, lieutenant governor, secretary 16 of state, auditor of state, treasurer of state, attorney 17 general, representative in the general assembly, or senator 18 in the general assembly on or before January 1, 2029, so long 19 as the person remains in that office. Years of service prior 20 to January 1, 2029, shall not be counted for the purposes of 21 calculating lifetime years of service. 22 Sec. 7. REFERRAL AND PUBLICATION. The foregoing proposed 23 amendments to the Constitution of the State of Iowa are 24 referred to the general assembly to be chosen at the next 25 general election for members of the general assembly, and shall 26 be published as provided by law for three months previous to 27 the date of that election. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This joint resolution proposes amendments to the 32 Constitution of the State of Iowa limiting years of service 33 for persons elected to the office of representative, senator, 34 governor, lieutenant governor, secretary of state, auditor of 35 -4- LSB 2226HH (3) 91 ss/ns 4/ 5
H.J.R. 12 state, treasurer of state, or attorney general. 1 The resolution provides that a person shall not be elected 2 for a term as a representative if the term would result in 3 the person serving more than six consecutive terms in the 4 house of representatives, elected for a term as a senator if 5 the term would result in the person serving more than three 6 consecutive terms in the senate, or elected for a term as a 7 specified statewide elected official if the term would result 8 in the person serving more than three consecutive terms in that 9 office. Additionally, a representative shall not be elected 10 for a term as a representative for two years following a sixth 11 consecutive term, a senator shall not be elected for a term as 12 a senator for four years following a third consecutive term, 13 and a specified statewide elected official shall not be elected 14 for a term for four years following a third consecutive term in 15 that office. For purposes of this limitation, a person shall 16 not be considered to have served a term if that person was 17 elected to serve a portion of a term to which another person 18 was originally elected. 19 The resolution provides that a person shall not be elected 20 to a term as governor, lieutenant governor, secretary of 21 state, auditor of state, treasurer of state, attorney general, 22 representative in the general assembly, or senator in the 23 general assembly if the term would result in the person serving 24 more than 24 years in any of those offices or any combination 25 of those offices. 26 The resolution does not apply to service occurring prior to 27 January 1, 2029. The lifetime term limitation allows a person 28 serving in an elected office at the time of adoption of the 29 amendment to continue to serve unlimited terms so long as that 30 person continuously remains in that office, subject to the 31 other provisions of the resolution. 32 The resolution, if adopted, would be referred to the next 33 general assembly (92nd) for adoption before being submitted to 34 the electorate for ratification. 35 -5- LSB 2226HH (3) 91 ss/ns 5/ 5