Schweisinger
Schweisinger v. Jones
Opinion
Opinion
Morrison, J.
The People, acting through their reserved initiative powers, enacted the Political Reform Act of 1990, by passing Proposition 140 at the November 1990 General Election. Proposition 140 included a term limit for specified state officers, and was largely upheld by the California Supreme C ourt.
Members of the Assembly are limited by Proposition 140 to three terms: “The Assembly has a membership of 80 members elected for 2-year terms. No member of the Assembly may serve more than 3 terms.” (Cal. Const., art. IV, § 2, subd. (a).)
The trial court in this case concluded that a person who had served two terms and part of a third term was entitled to seek another term. This interpretation directly conflicts with the purpose of Proposition 140, as manifested by its language, and would lead to irrational results. We conclude that for purposes of the term limit provisions, service of any part of a term “counts” as service of a full term, with a single exception as drafted by the People. Accordingly, we reverse with directions.
I.
The voters of the 71st Assembly District chose Doris Allen to represent them in the 1990 General Election. She served her full term. Apparently as a…