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Jon Fleischman

WSJ’s Fund on the Perata/Nunez Faux Argument on “Strengthening” Term Limits

The Empire Strikes Back

Democratic and Republican insiders unveiled their latest attempt to undermine California’s 17-year-old term limits law. Gale Kaufman, who has worked with California teacher unions, and Matthew Dowd, a strategist for Governor Arnold Schwarzenegger’s re-election campaign last year, revealed the initiative in a conference call this month.

To the amusement of reporters, the two strategists insisted their plan, which would have to be approved by voters early next year, actually improves term limits. "We believe it’s a good strengthening of term limits," Ms. Kaufman said, because the proposal would limit legislators to 12 years of total service in the legislature, rather than the 14 years written into current law.

In fact, the plan is a thinly-veiled power grab. Under current law, an assembly member can serve six years and then another eight in the state senate. The "reform" would allow an incumbent to serve a total of 12 years in either body — with the obvious goal of allowing Assembly Speaker Fabian Nunez an additional six years and Senate President Don Perata another four years in their current powerful positions.

"It’s an example of why the voters hold the Legislature in such low esteem," says political consultant Kevin Spillane. Governor Schwarzenegger claims his endosement will depend on the legislature simultaneously changing the way the state’s incumbent-protection districts are redrawn to allow more competitive elections. "We need to take the power of redistricting out of the hands of politicians and give it to an independent commission," a spokesman for the governor said.

Paul Jacob, the head of U.S. Term Limits, says he doesn’t believe voters will fall for such a ploy. He notes that Californians have rejected three previous attempts to water down the term-limit law. Other term limit supporters say the legislature even risks a backlash from activists who might start circulating a new initiative that could attempt to cut back the staff and perks that legislators enjoy.

— John Fund