HOUSE JOINT RESOLUTION AA July 16, 1997, Introduced by Rep. Kaza and referred to the Committee on House Oversight and Ethics. A joint resolution proposing an amendment to the state con- stitution of 1963, by amending section 4 of article II and adding section 11 to article II, to provide for a term limits pledge for congressional candidates. Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state con- stitution of 1963, to provide for a term limits pledge for con- gressional candidates, is proposed, agreed to, and submitted to the people of the state: 1 ARTICLE II 2 Sec. 4. The legislature shall enact laws to regulate the 3 time, place and manner of all nominations and elections, except 4 as otherwise provided in this constitution or in the constitution 5 and laws of the United States. The legislature shall enact laws 6 to preserve the purity of elections, to preserve the secrecy of 03953'97 KKR 2 1 the ballot, to guard against abuses of the elective franchise, 2 and to provide for a system of voter registration and absentee 3 voting. No law shall be enacted which permits a candidate in any 4 partisan primary or partisan election to have a ballot designa- 5 tion except when required for identification of candidates for 6 the same office who have the same or similar surnames OR EXCEPT 7 AS PROVIDED IN SECTION 11. 8 SEC. 11. (1) A CANDIDATE FOR THE OFFICE OF UNITED STATES 9 SENATOR OR REPRESENTATIVE IN CONGRESS MAY SUBMIT TO THE SECRETARY 10 OF STATE AN EXECUTED COPY OF THE TERM LIMITS PLEDGE SET FORTH IN 11 THIS SUBSECTION ON OR BEFORE THE FIFTEENTH DAY BEFORE THE SECRE- 12 TARY OF STATE IS REQUIRED TO CERTIFY TO THE APPROPRIATE BOARDS OF 13 ELECTION COMMISSIONERS THE NAMES OF CANDIDATES WHO WILL APPEAR ON 14 THE BALLOT. THE SECRETARY OF STATE SHALL MAKE AVAILABLE A TERM 15 LIMITS PLEDGE FORM THAT MEETS THE REQUIREMENT OF THIS 16 SUBSECTION. THE TERM LIMITS PLEDGE IS AS FOLLOWS: 17 (A) FOR A CANDIDATE FOR THE OFFICE OF UNITED STATES 18 SENATOR: "I VOLUNTARILY PLEDGE NOT TO SERVE IN THE UNITED STATES 19 SENATE MORE THAN 2 TERMS AFTER THE EFFECTIVE DATE OF SECTION 11 20 OF ARTICLE II OF THE STATE CONSTITUTION OF 1963. I UNDERSTAND 21 THAT INFORMING THE VOTERS THAT I HAVE TAKEN THIS PLEDGE IS IMPOR- 22 TANT TO THE VOTERS. I AUTHORIZE, INSTRUCT, AND ASK THE SECRETARY 23 OF STATE TO NOTIFY THE VOTERS OF THIS ACTION BY CAUSING THE 24 APPLICABLE STATEMENT OF "SIGNED TERM LIMITS PLEDGE TO SERVE NO 25 MORE THAN 2 TERMS" OR "BROKE TERM LIMITS PLEDGE" NEXT TO MY NAME 26 ON EVERY ELECTION BALLOT AND IN ALL STATE-SPONSORED VOTER 27 EDUCATION MATERIAL IN WHICH MY NAME APPEARS AS A CANDIDATE FOR 03953'97 3 1 THE OFFICE OF UNITED STATES SENATOR. 2 SIGNATURE:__________DATE:__________". 3 (B) FOR A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN 4 CONGRESS: "I VOLUNTARILY PLEDGE NOT TO SERVE IN THE UNITED 5 STATES HOUSE OF REPRESENTATIVES MORE THAN 3 TERMS AFTER THE 6 EFFECTIVE DATE OF SECTION 11 OF ARTICLE II OF THE STATE CONSTITU- 7 TION OF 1963. I UNDERSTAND THAT INFORMING THE VOTERS THAT I HAVE 8 TAKEN THIS PLEDGE IS IMPORTANT TO THE VOTERS. I AUTHORIZE, 9 INSTRUCT, AND ASK THE SECRETARY OF STATE TO NOTIFY THE VOTERS OF 10 THIS ACTION BY CAUSING THE APPLICABLE STATEMENT OF "SIGNED TERM 11 LIMITS PLEDGE TO SERVE NO MORE THAN 3 TERMS" OR "BROKE TERM 12 LIMITS PLEDGE" NEXT TO MY NAME ON EVERY ELECTION BALLOT AND IN 13 ALL STATE-SPONSORED VOTER EDUCATION MATERIAL IN WHICH MY NAME 14 APPEARS AS A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN 15 CONGRESS. 16 SIGNATURE:__________DATE:__________". 17 (2) IF A CANDIDATE FOR THE OFFICE OF UNITED STATES SENATOR 18 OR OFFICE OF REPRESENTATIVE IN CONGRESS SUBMITS A TERM LIMITS 19 PLEDGE IN THE MANNER PRESCRIBED IN SUBSECTION (1), THE SECRETARY 20 OF STATE SHALL CAUSE TO BE PRINTED ON EVERY ELECTION BALLOT AND 21 IN ALL STATE-SPONSORED VOTER EDUCATION MATERIAL NEXT TO THE 22 CANDIDATE'S NAME THE FOLLOWING STATEMENT, AS APPLICABLE: 23 (A) FOR A CANDIDATE FOR THE OFFICE OF UNITED STATES SENATOR 24 WHO HAS EVER EXECUTED THE APPROPRIATE TERM LIMITS PLEDGE AND WHO 25 HAS NOT QUALIFIED FOR A TERM THAT WOULD EXCEED THE NUMBER OF 26 TERMS IN THE PLEDGE, "SIGNED TERM LIMITS PLEDGE TO SERVE NO MORE 27 THAN 2 TERMS.". 03953'97 4 1 (B) FOR A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN 2 CONGRESS WHO HAS EVER EXECUTED THE APPROPRIATE TERM LIMITS PLEDGE 3 AND WHO HAS NOT QUALIFIED FOR A TERM THAT WOULD EXCEED THE NUMBER 4 OF TERMS IN THE PLEDGE, "SIGNED TERM LIMITS PLEDGE TO SERVE NO 5 MORE THAN 3 TERMS.". 6 (C) FOR A CANDIDATE FOR THE OFFICE OF UNITED STATES SENATOR 7 OR REPRESENTATIVE IN CONGRESS WHO HAS EVER EXECUTED THE APPROPRI- 8 ATE TERM LIMITS PLEDGE AND WHO HAS QUALIFIED FOR A TERM THAT 9 EXCEEDS THE NUMBER OF TERMS IN THE PLEDGE, "BROKE TERM LIMITS 10 PLEDGE." 11 (3) THE SECRETARY OF STATE SHALL CAUSE TO BE PROVIDED TO THE 12 VARIOUS BOARD OF ELECTION COMMISSIONERS A SUFFICIENT NUMBER OF 13 COPIES OF THE TERM LIMITS PLEDGE FORM SET FORTH IN SUBSECTION (1) 14 TO BE DISPLAYED IN EACH ELECTION PRECINCT IN THIS STATE. THE 15 APPROPRIATE BOARD OF ELECTION COMMISSIONERS SHALL CAUSE A COPY OF 16 THE TERM LIMITS PLEDGE FORM TO BE CONSPICUOUSLY DISPLAYED IN EACH 17 ELECTION PRECINCT WHILE THE POLLS ARE OPEN IN THAT PRECINCT 18 DURING AN ELECTION IN WHICH THE VOTERS ARE CASTING VOTES FOR A 19 CANDIDATE FOR THE OFFICE OF UNITED STATE SENATOR OR REPRESENTA- 20 TIVE IN CONGRESS. 21 (4) FOR THE PURPOSE OF THIS SECTION, SERVICE IN OFFICE FOR 22 MORE THAN ONE-HALF OF A TERM IS CONSIDERED SERVICE FOR A FULL 23 TERM. 24 (5) THE STATE-RECOGNIZED PROPONENT AND SPONSOR OF THE INI- 25 TIATIVE TO PLACE THIS SECTION IN THE STATE CONSTITUTION OF 1963 26 HAVE STANDING TO DEFEND THE PROVISIONS IN THIS SECTION. 03953'97 5 1 (6) THE SECRETARY OF STATE SHALL PROMULGATE RULES AS 2 PROVIDED BY LAW TO IMPLEMENT THIS SECTION. 3 (7) IF ANY PORTION OF THIS SECTION OR THE APPLICATION OF 4 THIS SECTION TO ANY PERSON OR CIRCUMSTANCES IS FOUND TO BE 5 INVALID BY A COURT, THE INVALIDITY SHALL NOT AFFECT THE REMAINING 6 PORTIONS OR APPLICATIONS THAT CAN BE GIVEN EFFECT WITHOUT THE 7 INVALID PORTION OR APPLICATION, PROVIDED THE REMAINING PORTIONS 8 ARE NOT DETERMINED BY THE COURT TO BE INOPERABLE, AND TO THIS END 9 THIS SECTION IS DECLARED TO BE SEVERABLE. 10 Resolved further, That the foregoing amendment shall be sub- 11 mitted to the people of the state at the next general election in 12 the manner provided by law. 03953'97 Final page. 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