Attorney general: Past service counts under new term limits amendment | Arkansas Blog

Tuesday, January 6, 2015

Attorney general: Past service counts under new term limits amendment

Posted By on Tue, Jan 6, 2015 at 11:55 AM

Attorney General Dustin McDaniel has delivered an opinion on whether counting begins anew on legislative service under term limits with passage in 2014 of Issue 3, now Amendment 94.

He says no.

All years served after passage of Amendment 73, the term limits amendment of 1993, count toward the limit on legislative service.

Thus, legislators who already have served 16 years in the legislature can't come back and start a new clock ticking under Amendment 94, which modified term limits to allow 16 years of consecutive service in either the House or Senate. Before, legislators were limited to six years in the House and eight in the Senate, though the quirk of adjusting Senate terms every 10 years after reapportionment gave some additional years. The new 16-year limit also can be grown in that manner depending on the draw of Senate terms.

McDaniel's opinion said the two-year Senate terms drawn by some after apportionment don't count toward limits, nor do partial terms.

McDaniel's opinion comports with the understanding the drafters of the amendment had. The issue was stirred up when Randy Zook, head of the Arkansas State Chamber of Commerce, said unnamed lawyers had told him they believed counting would begin anew under the new amendment.

An attorney general's opinion isn't binding. It would take a lawsuit and Supreme Court ruling to finally settle the question.

Tags: , , ,


Comments (3)

Showing 1-3 of 3

Add a comment

Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

  • A time to speak up for the Little Rock School District

    The state Board of Education will meet at 10 a.m. Thursday in special session to complete business on suggestions to alter operation of the Little Rock and Pine Bluff School Districts. It is time for those who believe in local control of the district — looking at you Mayor-elect Frank Scott Jr. and the Little Regional Chamber of Commerce — to stand up and be counted.
    • Dec 18, 2018
  • Making American Great Again: Resistance foils Trump on border wall, personal charity

    A couple of significant headlines this morning in the fight to curb Donald Trump's criminal or otherwise faulty impulses. And, whoa, did a judge lay into MIchael Flynn today, Lock him up!
    • Dec 18, 2018
  • No indictment of former ASU chancellor

    Prosecuting Attorney Scott Ellington of Jonesboro announced Monday, according to NEA Report, that a grand jury had declined to indict former Arkansas State University Chancellor Tim Hudson.
    • Dec 18, 2018
  • More »

Readers also liked…

  • Among the last words from Kenneth Williams: 'Finger Lickin' Good Fried Chicken'

    What's purported to be a final-words essay from condemned prisoner Kenneth Williams was distributed today by Deborah Robinson, a freelance journalist in Arkansas.  He reflects on his execution, his victims, reactions of inmates and big servings of fried chicken, which he says are given to all inmates on execution days.
    • Apr 27, 2017
  • French Hill votes against disaster aid to Puerto Rico

    Republican U.S. Rep. French Hill alone among Arkansas's House delegation voted last week against a measure that provided $36.5 billion in disaster aid, a portion  for hurricane-ravaged Puerto Rico as well as money for wildfire response and to support the flood insurance program.
    • Oct 14, 2017
  • Presidential thriller, co-author Bill Clinton, coming to bookstores in 2018

    June 2018 is the expected publication date for a novel collaboration by former President Bill Clinton and crime writer James Patterson.
    • May 9, 2017


  • Arkansas vs Ole Miss at War Memorial stadium in Little Rock, Saturday, Oct. 13, 2018. After leading for much of the game, Arkansas lost 37-33 when Ole Miss scored the game winning Touchdown with less that 2 minutes left. 
  • Margaret Clark Adventure Park
    New sculptures, preschoolers play area dedicated in Riverfront Park in Little Rock.

Most Recent Comments


© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation