10204.1. 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.
10204.2. 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:
Congressional Term Limits Amendment
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.
10204.3. 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."
10204.4. 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.
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) 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) Failed to vote in favor of the application set forth in
Section 10204.3 when brought to a vote; or
(2) Failed to second the application set forth in Section 10204.3
if it lacked for a second; or
(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) 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) 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) 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) Failed to vote against any change, addition, or modification
to the application set forth in Section 10204.3; or
(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) 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) 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) 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.
10204.6. 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.
10204.7. 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) 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) 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) 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) 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) 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) Failed to vote against any term limits proposal other than the
proposed Congressional Term Limits Amendment set forth in Section
10204.2; or
(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) 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.
10204.8. 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.
10204.9. Notwithstanding any other provision of California law,
(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) 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) 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) 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) The Secretary of State shall consider timely submitted public
comments prior to making the determination required in subdivision
(d).
(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) 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) 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) 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) 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.
10204.10. 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.
10204.11. 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.
10204.1. 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.
10204.2. 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:
Congressional Term Limits Amendment
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.
10204.3. 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."
10204.4. 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.
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) 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) Failed to vote in favor of the application set forth in
Section 10204.3 when brought to a vote; or
(2) Failed to second the application set forth in Section 10204.3
if it lacked for a second; or
(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) 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) 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) 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) Failed to vote against any change, addition, or modification
to the application set forth in Section 10204.3; or
(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) 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) 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) 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.
10204.6. 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.
10204.7. 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) 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) 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) 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) 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) 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) Failed to vote against any term limits proposal other than the
proposed Congressional Term Limits Amendment set forth in Section
10204.2; or
(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) 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.
10204.8. 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.
10204.9. Notwithstanding any other provision of California law,
(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) 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) 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) 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) The Secretary of State shall consider timely submitted public
comments prior to making the determination required in subdivision
(d).
(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) 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) 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) 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) 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.
10204.10. 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.
10204.11. 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.
10204.1. 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.
10204.2. 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:
Congressional Term Limits Amendment
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.
10204.3. 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."
10204.4. 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.
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) 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) Failed to vote in favor of the application set forth in
Section 10204.3 when brought to a vote; or
(2) Failed to second the application set forth in Section 10204.3
if it lacked for a second; or
(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) 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) 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) 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) Failed to vote against any change, addition, or modification
to the application set forth in Section 10204.3; or
(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) 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) 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) 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.
10204.6. 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.
10204.7. 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) 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) 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) 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) 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) 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) Failed to vote against any term limits proposal other than the
proposed Congressional Term Limits Amendment set forth in Section
10204.2; or
(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) 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.
10204.8. 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.
10204.9. Notwithstanding any other provision of California law,
(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) 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) 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) 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) The Secretary of State shall consider timely submitted public
comments prior to making the determination required in subdivision
(d).
(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) 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) 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) 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) 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.
10204.10. 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.
10204.11. 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.
