State legislatures with term limits
In 16 state legislatures, state legislators are subject to term limits. Voters in six additional states voted to have term limits, only to have those votes nullified. In two cases, the state legislature voted to nullify the limits imposed by voters, while in four other states, courts nullified the voter-imposed limits, primarily for technical reasons.
In the United States, there are 1,973 state senate seats and 5,413 state house seats. Of the 1,973 senate seats, 609 seats (30.9%) are subject to term limits. Of the 5,413 house seats, 1,460 seats (27.0%) are subject to term limits. Of the total 7,386 state legislative seats, 2,069 (28.0%) are limited.
Lifetime versus consecutive
Legislative term limits can be either lifetime or consecutive. In the ten states where the limits are consecutive, once a state legislator has served the maximum number of terms in office, he or she, if eligible, can run for office for the state's other legislative chamber, or leave the legislature. These states are Arizona, Arkansas, Colorado, Florida, Louisiana, Maine, Montana, Nebraska, Ohio, and South Dakota. After a period of time no longer in office in a particular legislative chamber, however, the legislator is allowed to run again for office in that legislative chamber. The period of time that a legislator must be out of office before being able to run again is usually two years.
In six of the 16 states with limits on state legislators, the limit is a lifetime limit. These states are California, Michigan, Missouri, Nevada, North Dakota, and Oklahoma. In these states, once a legislator has served the maximum allowable number of terms in a particular legislative chamber, they may never again run for or hold office in that particular chamber.[1][2]
States with legislative limits
States with legislative limits | |||
---|---|---|---|
Legislature | Limits in effect | Year limits imposed | Year limits took effect |
Arizona Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1992 | H: 2000 S: 2000 |
Arkansas Legislature | 12 consecutive years; can return after a four-year break | 1992, 2014, modified 2020 | H: 1998 S: 2000 |
California Legislature | 12 year cumulative total, in either or both | 1990, modified 2012 | A: 1996 S: 1998 |
Colorado Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1990 | H: 1998 S: 1998 |
Florida Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Louisiana Legislature | H: 3 terms (12 years) S: 3 terms (12 years) |
1995 | H: 2007 S: 2007 |
Maine Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1993 | H: 1996 S: 1996 |
Michigan Legislature | 12 year cumulative total, in either or both | 1992, modified 2022 | H: 1998 S: 2002 |
Missouri Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
Amendment 13 (1992) (also see: Amendment 3 (2002) |
H: 2002 S: 2002 |
Montana Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Nebraska Unicameral | S: 2 terms (8 years) | 2000 | S: 2008 |
Nevada Legislature | A: 6 terms (12 years) S: 3 terms (12 years) |
Initiative passed in 1996, took effect with those elected in 1998 | A: 2010 S: 2010 |
North Dakota Legislature | H: 2 terms (8 years) S: 2 terms (8 years) |
2022 | H: 2030 S: 2030 |
Ohio Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Oklahoma Legislature | 12 year cumulative total, in either or both | 1990 | H: 2004 S: 2004 |
South Dakota Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1992 | H: 2000 S: 2000 |
Limits overturned
By legislature
- The Idaho State Legislature repealed its own term limits in 2002.
- The Utah State Legislature repealed its own term limits in 2003.
By courts
- In 1997, the Massachusetts Supreme Court overturned term limits on the Massachusetts General Court.
- In 2002, the Oregon Supreme Court overturned the state's term limits on the grounds that the initiative voters approved the imposed term limits had more than one subject.
- The Washington Supreme Court voided state term limits in 1998.
- In 2004, the Wyoming Supreme Court overturned term limits imposed by the state's voters.
Impact of term limits on state legislative elections
Overview
The table below shows term-limited state legislators by year from 2010 to 2024. Between those years, 2,126 state legislators were term-limited. Republicans had 295 more term-limited legislators than Democrats.
- Democratic legislators term-limited: 875
- Republican legislators term-limited: 1,170
- Nonpartisan legislators term-limited: 81
Term-limited state legislators by year | |||||||
---|---|---|---|---|---|---|---|
Year | Dem. senators | Rep. senators | Nonpartisan sentators | Dem. representatives | Rep. representatives | Nonpartisan representatives | Total term-limited |
2024 | 27 | 37 | 13 | 39 | 63 | 0 | 179 |
2023 | 2 | 5 | 0 | 4 | 11 | 0 | 22 |
2022 | 28 | 47 | 11 | 58 | 108 | 0 | 252 |
2021 | - | - | - | - | - | - | - |
2020 | 21 | 33 | 6 | 61 | 89 | 1 | 211 |
2019 | 4 | 12 | 0 | 13 | 17 | 1 | 47 |
2018 | 28 | 62 | 6 | 58 | 115 | 2 | 271 |
2017 | - | - | - | - | - | - | - |
2016 | 29 | 26 | 12 | 84 | 102 | 0 | 253 |
2015 | 3 | 4 | 0 | 7 | 7 | 0 | 21 |
2014 | 22 | 24 | 17 | 73 | 87 | 0 | 223 |
2013 | - | - | - | - | - | - | - |
2012 | 35 | 40 | 8 | 87 | 85 | 0 | 255 |
2011 | 5 | 1 | 0 | 5 | 4 | 1 | 16 |
2010 | 54 | 66 | 1 | 128 | 124 | 2 | 375 |
Total | 258 | 359 | 74 | 613 | 811 | 7 | 2,126 |
2024
In 2024, 179 state legislators were ineligible to run for office because of term limits. A total of 77 state senators were term-limited in 2024. A total of 102 state representatives were termed out in 2024.
Incumbents
The following table shows the number of term-limited state legislators in 2024 broken down by party and chamber.
2024 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 27 | 39 | 66 |
Republican | 37 | 63 | 100 |
Independent/Nonpartisan | 13 | 0 | 13 |
Total | 77 | 102 | 179 |
2023
In 2023, 22 state legislators were ineligible to run for office because of term limits. A total of seven state senators were term-limited in 2023. A total of 15 state representatives were termed out in 2023. Louisiana was the only state holding elections for a term-limited legislature in 2023.
Incumbents
The following table shows the number of term-limited state legislators in 2023 broken down by party and chamber.
2023 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 2 | 4 | 6 |
Republican | 5 | 11 | 16 |
Total | 7 | 15 | 22 |
2022
In 2022, 252 state legislators were ineligible to run for office because of term limits. A total of 86 state senators were term-limited in 2022. A total of 166 state representatives were termed out in 2022.
Incumbents
The following table shows the number of term-limited state legislators in 2022 broken down by party and chamber.
2022 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 28 | 58 | 86 |
Republican | 47 | 108 | 155 |
Independent/Nonpartisan | 11 | 0 | 11 |
Total | 86 | 166 | 252 |
2021
No states with term limits held elections in 2021.
2020
In 2020, 211 state legislators were ineligible to run for office because of term limits. A total of 60 state senators were term-limited in 2020. A total of 151 state representatives were termed out in 2020.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2020 due to term limits broken down by party and chamber.
2020 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 21 | 61 | 82 |
Republican | 33 | 89 | 122 |
Independent/Nonpartisan | 6 | 1 | 7 |
Total | 60 | 151 | 211 |
2019
In 2019, 47 state legislators were ineligible to run for office because of term limits. Louisiana was the only state holding elections for a term-limited legislature in 2019.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2019 due to term limits broken down by party and chamber.
2019 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 4 | 13 | 17 |
Republican | 12 | 17 | 29 |
Independent | 0 | 1 | 1 |
Total | 16 | 31 | 47 |
2018
In 2018, 271 state legislators were termed out in state senates and state houses combined. A total of 96 state senators were term-limited in 2018. A total of 175 state representatives were termed out in 2018.
As a result of term limits in the 2018 state legislative elections, more Republican legislators were ineligible to run than Democratic legislators.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2018 due to term limits broken down by party and chamber.
2018 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 28 | 58 | 86 |
Republican | 62 | 115 | 177 |
Minor Party/ Nonpartisan |
6[3] | 2 | 8 |
Total | 96 | 175 | 271 |
Chambers
The following table detailed the number of chambers where one party lost more incumbents due to term limits in 2018.
2018 chambers with the most losses | |||
---|---|---|---|
Party | Senates with most losses | Houses with most losses | Total |
Democratic | 1 | 4 | 5 |
Republican | 8 | 8 | 16 |
Equal D/R losses (or nonpartisan chamber) | 5 | 1 | 6 |
Total | 14 | 13 | 27 |
Post-election results
Thirty-five of the 271 term-limited seats (12.9%) changed partisan control in the 2018 elections. Democrats had a net gain of 15 seats and Republicans had a net loss of 13 seats. Ten seats switched from Democrat to Republican, 23 seats flipped from Republican to Democrat, and two seats changed from independent to Democrat.[4]
Nebraska senators are officially nonpartisan. Five Nebraska senators term-limited in 2018 were affiliated with the Republican Party, while the other was affiliated with the Democratic Party. The Nebraska senators were counted as major party incumbents in the post-election results.
2018 post-election results | ||
---|---|---|
Party | Pre-election | Post-election |
Democratic | 87 | 102 |
Republican | 182 | 169 |
Minor Party/Nonpartisan | 2[5] | 0 |
Post-election partisan change of term-limited seats | |||||
---|---|---|---|---|---|
Name | Party | Office | District | 2018 election winner | Party |
Joseph Schiavoni | Democratic | Ohio State Senate | District 33 | Michael Rulli | Republican |
Randy Bass | Democratic | Oklahoma State Senate | District 32 | John Montgomery | Republican |
Billie Sutton | Democratic | South Dakota State Senate | District 21 | Rocky Blare | Republican |
Anthony Cannella | Republican | California State Senate | District 12 | Anna Caballero | Democratic |
Brian Langley | Republican | Maine State Senate | District 7 | Louis Luchini | Democratic |
Michael Thibodeau | Republican | Maine State Senate | District 11 | Erin Herbig | Democratic |
Dave Hildenbrand | Republican | Michigan State Senate | District 29 | Winnie Brinks | Democratic |
James Marleau | Republican | Michigan State Senate | District 12 | Rosemary Bayer | Democratic |
Patrick Colbeck | Republican | Michigan State Senate | District 7 | Dayna Polehanki | Democratic |
Edward Buttrey | Republican | Montana State Senate | District 11 | Tom Jacobson | Democratic |
Bob Krist | Republican | Nebraska State Senate | District 10 | Wendy DeBoer | Democratic |
Kevin Bacon | Republican | Ohio State Senate | District 3 | Tina Maharath | Democratic |
J.D. Mesnard | Republican | Arizona House of Representatives | District 17 | Jennifer Pawlik | Democratic |
Wayne Parry | Republican | Maine House of Representatives | District 10 | Henry Ingwersen | Democratic |
Ralph Chapman | Independent | Maine House of Representatives | District 133 | Sarah Pebworth | Democratic |
Heather Sirocki | Republican | Maine House of Representatives | District 28 | Christopher Caiazzo | Democratic |
Denise Harlow | Independent | Maine House of Representatives | District 36 | Michael Brennan | Democratic |
Deborah Sanderson | Republican | Maine House of Representatives | District 88 | Chloe Maxmin | Democratic |
James Gillway | Republican | Maine House of Representatives | District 98 | Scott Cuddy | Democratic |
Michael McCready | Republican | Michigan House of Representatives | District 40 | Mari Manoogian | Democratic |
Martin Howrylak | Republican | Michigan House of Representatives | District 41 | Padma Kuppa | Democratic |
Gary Cross | Republican | Missouri House of Representatives | District 35 | Keri Ingle | Democratic |
Anne Gonzales | Republican | Ohio House of Representatives | District 19 | Mary Lightbody | Democratic |
Mike Duffey | Republican | Ohio House of Representatives | District 21 | Beth Liston | Democratic |
Kristina Daley Roegner | Republican | Ohio House of Representatives | District 37 | Casey Weinstein | Democratic |
Marlene Anielski | Republican | Ohio House of Representatives | District 6 | Phil Robinson | Democratic |
Weldon Watson | Republican | Oklahoma House of Representatives | District 79 | Melissa Provenzano | Democratic |
Randy McDaniel | Republican | Oklahoma House of Representatives | District 83 | Chelsey Branham | Democratic |
Scott Dianda | Democratic | Michigan House of Representatives | District 110 | Gregory Markkanen | Republican |
Pat Conway | Democratic | Missouri House of Representatives | District 10 | Bill Falkner | Republican |
Ben Harris | Democratic | Missouri House of Representatives | District 118 | Mike McGirl | Republican |
Ed Cannaday | Democratic | Oklahoma House of Representatives | District 15 | Randy Randleman | Republican |
Brian Renegar | Democratic | Oklahoma House of Representatives | District 17 | Jim Grego | Republican |
Spencer Hawley | Democratic | South Dakota House of Representatives | District 7 | Doug Post | Republican |
Chuck Hoskin | Democratic | Oklahoma House of Representatives | District 6 | Rusty Cornwell | Republican |
2017
No states with term limits held elections in 2017.
2016
In 2016, 253 state legislators were termed out in state senates and state houses combined. A total of 67 state senators were termed out in 2016. This represented 20.2 percent of the 331 total state senate seats up for election in the 13 term-limited state senates with elections in November 2016. A total of 186 state representatives were termed out. This represented 14.8 percent of the 1,261 total seats up for election in the 13 term-limited state houses with elections in November 2016.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2016 due to term limits broken down by party and chamber.
2016 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 29 | 84 | 113 |
Republican | 26 | 102 | 128 |
Nonpartisan | 12 | 0 | 12 |
Total | 67 | 186 | 253 |
Chambers
The following table detailed the number of chambers where one party lost more incumbents due to term limits in 2016.
2016 chambers with the most losses | |||
---|---|---|---|
Party | Senates with most losses | Houses with most losses | Total |
Democratic | 5 | 4 | 9 |
Republican | 5 | 8 | 13 |
Equal D/R losses (or nonpartisan chamber) | 3 | 1 | 4 |
Total | 13 | 13 | 26 |
2015
In 2015, 21 state legislators were ineligible to run for office because of term limits. Louisiana was the only state holding elections for a term-limited legislature in 2015.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2015 due to term limits broken down by party and chamber.
2015 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 3 | 7 | 10 |
Republican | 4 | 7 | 11 |
Total | 7 | 14 | 21 |
2014
In 2014, a total of 223 state legislators were ineligible to run for office because of term limits. This was 14 percent of the 1,592 state legislative seats up for election in the 14 term-limited states with 2014 elections, and 3.7 percent of the 6,047 state legislative seats that were up for election altogether in 2014, including the non-term-limited states.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2014 due to term limits broken down by party and chamber.
2014 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 22 | 73 | 95 |
Republican | 24 | 87 | 111 |
Nonpartisan | 17 | 0 | 17 |
Total | 63 | 160 | 223 |
Chambers
The following table detailed the number of chambers where one party lost more incumbents due to term limits in 2014.
2014 chambers with the most losses | |||
---|---|---|---|
Party | Senates with most losses | Houses with most losses | Total |
Democratic | 6 | 4 | 10 |
Republican | 5 | 9 | 14 |
Equal D/R losses (or nonpartisan chamber) | 2 | 0 | 2 |
Total | 13 | 13 | 26 |
2013
No states with term limits held elections in 2013.
2012
In 2012, 255 state legislators were ineligible to run for office because of term limits. This was 14.3 percent of the 1,786 state legislative seats up for election in the 14 term-limited states with 2012 elections, and about 4 percent of the 6,015 state legislative seats that were up for election altogether in 2012, including the non-term-limited states.
In 2012, the last election cycle in which the same seats were up for election as 2016, Republicans had a marginal disadvantage in terms of the number incumbents lost to term limits as well as the number of chambers in which each party saw more members lost to term limits. However, Democrats lost one more state representative than Republicans did during this cycle.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2012 due to term limits broken down by party and chamber.
2012 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 35 | 87 | 122 |
Republican | 40 | 85 | 125 |
Nonpartisan | 8 | 0 | 8 |
Total | 83 | 172 | 255 |
Chambers
The following table detailed the number of chambers where one party lost more incumbents due to term limits in 2012.
2012 chambers with the most losses | |||
---|---|---|---|
Party | Senates with most losses | Houses with most losses | Total |
Democratic | 4 | 6 | 10 |
Republican | 5 | 7 | 12 |
Equal D/R losses (or nonpartisan chamber) | 4 | 0 | 4 |
Total | 13 | 13 | 26 |
2011
In 2011, 16 state legislators were ineligible to run for office because of term limits. Louisiana was the only state with term limits that held an election in 2011. The 16 state legislators termed-out in 2011 made up 10.4 percent of the total legislative seats up for election in Louisiana.
There were six state senators termed-out in 2011, making up 15.4 percent of the 39 state senate seats up for election in 2011. There were ten state representatives termed-out in 2011, making up 9.5 percent of the 105 state representative seats up for election in 2011.
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2011 due to term limits broken down by party and chamber.
2011 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 5 | 5 | 10 |
Republican | 1 | 4 | 5 |
Minor Party/ Nonpartisan |
0 | 1 | 1 |
Total | 6 | 10 | 16 |
2010
In 2010, 375 state legislators were ineligible to run for office because of term limits. This was 23 percent of the 1,600 state legislative seats up for election in the 14 term-limited states with 2010 elections.
The Republican Party had more members impacted by term limits in the 2010 state legislative elections than the Democratic Party, both in terms of how many individual incumbent legislators the Republican Party lost (190, versus 182 for the Democratic Party) and in terms of how many state legislative chambers lost more Republicans (13, versus 10 for the Democratic Party).
Incumbents
The following table detailed the number of state legislators unable to run for re-election in 2010 due to term limits broken down by party and chamber.
2010 term-limited incumbents | |||
---|---|---|---|
Party | # of termed senators | # of termed representatives | Total |
Democratic | 54 | 128 | 182 |
Republican | 66 | 124 | 190 |
Nonpartisan | 1 | 2 | 3 |
Total | 121 | 254 | 375 |
Chambers
The following table detailed the number of chambers where one party lost more incumbents due to term limits in 2010.
2010 chambers with the most losses | |||
---|---|---|---|
Party | Senates with most losses | Houses with most losses | Total |
Democratic | 4 | 6 | 10 |
Republican | 7 | 6 | 13 |
Equal D/R losses | 2 | 1 | 3 |
Total | 13 | 13 | 26 |
See also
- States with gubernatorial term limits
- Length of terms of state representatives
- Length of terms of state senators
- States with a full-time legislature
- Comparison of state legislative salaries
- Term limits on the ballot
Footnotes
- ↑ National Conference of State Legislatures, "The Term-Limited States," accessed Jan. 17, 2023
- ↑ U.S. Term Limits, "U.S Term Limits Praises North Dakota Voters for Passing Term Limits Amendment for State Offices," Nov. 9, 2022
- ↑ Nebraska senators are officially nonpartisan. Five Nebraska senators term-limited in 2018 were affiliated with the Republican Party, while the other was affiliated with the Democratic Party.
- ↑ Google Spreadsheet, "Post-election term limits results, 2018," accessed April 25, 2019
- ↑ Nebraska senators are officially nonpartisan. Five Nebraska senators term-limited in 2018 were affiliated with the Republican Party, while the other was affiliated with the Democratic Party. The Nebraska senators were counted as major party incumbents in the post-election results.
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