Voters Limit Lobbyists, But Allow Lawmakers More Time in Office

Why voters do what they do isn't always readily apparent.

A case in point is Arkansas voter approval of Issue 3, a good government measure that carried ethics reforms and extended term limits.

The state's too-strict term limits were supposed to be so popular with voters that Arkansas expected to be stuck with them for decades. Nevertheless, voters relaxed the limits in this year's general election and approved significant ethics reform to boot.

There is an argument that voters were duped on the term limits part of the amendment, which was referred to voters by the state Legislature.

That part was tacked onto the ethics reforms in the waning days of the legislative session when lawmakers settle on what they will refer to voters. And it barely showed in the ballot title voters actually saw.

The full text was available to anyone doing their homework before the election, but those who waited until they had the ballot in hand to figure out what they were voting on didn't really have enough information.

All the official ballot title said about term limits was a tacked-on phrase: "and establishing term limits for members of the General Assembly." The rest of the 157-word ballot title was about the ethics reforms.

A voter had to go elsewhere to find out exactly what they were approving. The details are spelled out in House Joint Resolution 1009, a 22-page bill sponsored by state Rep. Warwick Sabin and state Sen. Jon Woods.

Again, most of the bill was about the ethics reforms, which are significant. Term limits come in on Page 16. The language strikes what have been limits of three two-year terms for House members and two four-year terms for Senate members. It instead caps the number of years a lawmaker may serve at 16 years, which may be served in either chamber or in both.

It is, of course, more complicated than that. Some lawmakers will actually be allowed to serve longer, for example, if he or she is a senator who draws a two-year term after reapportionment. Partial terms won't count toward the 16-year limit.

Did voters understand that? Probably not. But a solid majority of them (53 percent) voted for the measure.

What voters probably did understand, at least somewhat, were the ethics reforms, which were what Sabin and Woods originally set out to refer to voters.

Here's the brief list of reforms in the amendment:

Lawmakers and constitutional officers may no longer accept gifts from lobbyists.

Members of the General Assembly are prohibited from setting their own salaries and those of elected constitutional officers, justices and judges. An independent citizens commission will make those decisions in the future.

Corporate contributions to candidates are banned.

The "cooling off" period a former lawmaker must wait before becoming a lobbyist will be two years instead of one.

All of that was in the ballot title, albeit in hard-to-follow language. Greater detail is in HJR 1099.

The point is that voters could have actually understood they were clamping down on the all-too-cozy relationships between elected officials and the donor class that keeps lobbyists in the halls of power.

To be sure, the lobbyists will still be there, making their case for whatever legislation their bosses want passed. But they won't be able to throw cash and gifts around to sweeten their arguments.

That's a good change and a surprising one.

Extension of term limits is a good change, too, even if it might have come about less transparently than it should have.

Lawmakers won't be able to amass decades of service as some did when there were no limits at all, but they can be there long enough to develop real expertise in some areas.

Declining institutional knowledge was the worst result of term limits. Such rapid turnover may have brought new ideas into the process but members have had a huge learning curve to overcome in their brief stays.

No longer were there lawmakers who specialized in revenue and taxation issues, or education matters or anything else.

The people who remembered what had been tried before, what worked and what failed, went away when their terms expired to be replaced by people who had to feel their way through the process, usually by trial and error.

Legislative expertise, if it returned at all, came back in the form of lobbyists paid to represent one side of an issue, not necessarily the broader public good.

However it happened, Arkansas will have extended term limits and ethics reform. There's still work to be done, but we'll soon see how well the Legislature works in this new reform era with the prospect of longer-serving lawmakers.

Brenda Blagg is a freelance columnist.

Commentary on 11/19/2014

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