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Bryant V. Hill Institute of Bill of Rights Law at the William & Mary Law School

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Bryant V. Hill Institute of Bill of Rights Law at the William & Mary Law School College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 1994 Section 1: Moot Court: Bryant v. Hill Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 1: Moot Court: Bryant v. Hill" (1994). Supreme Court Preview. 42. https://scholarship.law.wm.edu/preview/42 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview 93-1828 BRYANT v. HILL Ballot access restrictions-Term limits. Ruling below (U.S. Term Limits Inc. v. Hill, Ark SupCt, 316 Ark. 251, 872 S.W.2d 349, 62 LW 2586): Eligibility requirements placed by Arkansas on incumbent U.S. senators and representatives that restrict number of times they may appear on ballot for re-election to their respective positions violate Qualifications Clauses. Article 1, Sections 2 and 3. Question presented: Does state have power un- der Elections Clause, Article I, Section 4, Clause 1, to restrict incumbent candidate's access to ballot in such manner, or do Qualifications Clauses, Article 1. Section 2. Cf. 2, and Section 3, Cl. 3, prohibit state from imposing such ballot access restriction? Petition for certiorari filed 5/16/94, by Win- ston Bryant, Ark. Atty. Gen., Jeffrey A. Bell, Dpty. Atty. Gen., and Ann Purvis, Asst. Atty. Gen., and Griffin B. Bell, Paul J. Larkin Jr., Polly J. Price, King & Spalding, Cleta Deather- age Mitchell, and Term Limits Legal Institute, all of Washington, D.C. 45 U.S. TERM LIMITS, INC., ET AL., APPELLANTS, v. BOBBIE E. HILL, ET AL., APPELLEES, U.S. TERM LIMITS, INC. v. HILL No. 93-1240 SUPREME COURT OF ARKANSAS 316 Ark. 251; 872 S.W.2d 349; 1994 Ark. LEXIS 141 March 7, 1994, Delivered SUBSEQUENT HISTORY: As Corrected. Second Correction. PRIOR HISTORY: APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, NO. 92-6171, HON. CHRIS PIAZZA, JUDGE, DISPOSITION: REVERSED IN PART; AFFIRMED IN PART. COUNSEL: For Appellants: JOHN G. KESTER, WASHINGTON, D.C., TERRENCE O'DONNELL, WASHINGTON, TIMOTHY D. ZICK, WASHINGTON, D.C., NANCY BELLHOUSE MAY, LITTLE ROCK, KAREN J. GARNETT, LITTLE ROCK, JUDY M. ROBINSON, LITTLE ROCK, RICHARD HATFIELD, LITTLE ROCK, JAMES F. LANE, LITTLE ROCK, CLETA DEATHERAGE MITCHELL, WASHINGTON, D.C., FRAN J. WILLS, Ill, LITTLE ROCK, JOHN T. HARMON, LITTLE ROCK, DOYLE WEBB, BENTON, W. ASA HUTCHINSON, FORT SMITH, STEPHEN ENGSTROM, LITTLE ROCK. For Appellees: SHERRY BARTLEY, LITTLE ROCK, ELIZABETH J. ROBBEN, LITTLE ROCK, ROBERT S. SHAFER, LITTLE ROCK, JEFFREY H. MOORE, LITTLE ROCK. JUDGES: BROWN, DUDLEY, HAYS, CRACRAFT, BROWN OPINION BY: ROBERT L. BROWN Associate ARKANSAS TERM LIMITATION Justice AMENDMENT This case concerns the validity of (Ballot Title) Amendment 73 to the Arkansas Constitution, which An Amendment to the Constitution of the establishes limitations on the number of terms that State of Arkansas limiting the number of can be served by state constitutional officers, and terms that may be served by the elected state legislators, and limitations on the eligibility of officials of the Executive Department of this candidates for the U.S. Senate and U.S. House of state to two (2) four-year terms, this Representatives to have their names placed on the department to consist of a Governor, election ballot. Amendment 73 was proposed as an Lieutenant Governor, Secretary of State, initiated petition by the people of the State under Treasurer of State, Auditor of State, Amendment 7 of the Arkansas Constitution and Attorney General, Commissioner of State approved in the General Election on November 3, Lands; limiting the number of terms that 1992, by a vote of 494,326 to 330,836. may be served by members of the Arkansas House of Representatives to three (3) The proposal, as it appeared on the ballot two-year terms, these members to be chosen and was voted on at the General Election, read as every second year; limiting the number of follows: terms that may be served by members of the Arkansas Senate to two (2) four-year terms, PROPOSED CONSTITUTIONAL these members to be chosen every four AMENDMENT NO. 4 years; providing that any person having (Proposed by Petition of the People) been elected to three (3) or more terms as a member of the United States House of (Popular Name) Representatives from Arkansas shall not be 46 eligible to appear on the ballot for election powers, herein limit the terms of the elected to the United States House of officials. Representatives from Arkansas; providing that any person having been elected to two SECTION 1 - Executive Branch (2) or more terms as a member for the United States Senate from Arkansas shall (a) The Executive Department of the not be eligible to appear on the ballot for State shall consist of a Governor, Lieutenant election to the United States Senate from Governor, Secretary of State, Treasurer of Arkansas; providing for an effective date of State, Auditor of State, Attorney General, January 1, 1993; and making the provisions and Commissioner of State Lands, all of applicable to all persons thereafter seeking whom shall keep their offices at the seat of election to the specified offices. government, and hold their offices for the term of four years, and until their successors FOR Proposed Constitutional Amendment are elected and qualified. No. 4 [1 (b) No elected officials of the AGAINST Proposed Constitutional Executive Department of this State may Amendment No. 4 [] serve in the same office more than two such four-year terms. The text and description of the full Amendment SECTION 2 - Legislative Branch which were published and included in the initiative petition but not on the ballot read: (a) The Arkansas House of Representatives shall consist of members to SUMMARY: be chosen every second year by the qualified This amendment provides a limit of electors of the several counties. No member two (2) terms for the Governor, Lieutenant of the Arkansas House of Representatives Governor, Secretary of State, Treasurer of may serve more than three such two year State, Auditor of State, Attorney General terms. and Commissioner of State Lands. It provides a limit of three (3) terms for State (b) The Arkansas Senate shall Representatives, and a limit of two (2) terms consist of members to be chosen every four for State Senators. It also provides that years by the qualified electors of the several persons having been elected three (3) or districts. No member of the Arkansas Senate more terms as a member of the United may serve more than two such four-year States House of Representatives from terms. Arkansas shall not be eligible to appear on the ballot for election to the United States SECTION 3 Congressional Delegation House of Representatives from Arkansas. Lastly, it provides that any person having (a) Any person having been elected been elected to two (2) or more terms as a to three or more terms as a member of the member of the United States Senate from United States House of Representatives from Arkansas shall not be eligible to appear on Arkansas shall not be certified as a the ballot for election to the United States candidate and shall not be eligible to have Senate from Arkansas. his/her name placed on the ballot for election to the United States House of PREAMBLE: Representatives from Arkansas. The people of Arkansas find and declare that elected officials who remain in (b) Any person having been elected office too long become preoccupied with to two or more terms as a member of the reelection and ignore their duties as United States Senate from Arkansas shall representatives of the people. Entrenched not be certified as a candidate and shall not incumbency has reduced voter participation be eligible to have his/her name placed on and has led to an electoral system that is less the ballot for election to the United States free, less competitive, and less Senate from Arkansas. representative than the system established by the Founding Fathers. Therefore, the people SECTION 4 - Severability of Arkansas, exercising their reserved 47 The provisions of this Amendment Complaint was subsequently filed adding Dick are severable, and if any should be held Herget, a political supporter of U.S. Congressman invalid, the remainder shall stand. Ray Thornton, who has previously served three terms in the U.S. House of Representatives, as a SECTION 5 - Provisions Self-Executing party plaintiff. Plaintiff/appellee Bobbie Hill was described as a political supporter of State Provisions of the Amendment shall Representative John Dawson, who has previously be self-executing. served seven terms in the State House of Representatives. SECTION 6 - Application Appellees Hill and Herget joined by U.S. (a) This Amendment to the Congressman Ray Thornton and the State Arkansas Constitution shall take effect and Democratic Party moved for summary judgment to be in operation on January 1, 1993, and its void Amendment 73 in accordance with the provisions shall be applicable to all persons Amended Complaint. The Unified Members filed a thereafter seeking election to the offices similar motion. The State of Arkansas and Arkansans specified in this Amendment. for Governmental Reform moved to Dismiss the complaint for lack of justiciability. Intervenor U.S. (b) All laws and constitutional Term Limits moved for summary judgment on provisions which conflict with this grounds that Amendment 73 was valid in all Amendment are hereby repealed to the respects. extent that they conflict with this amendment. A hearing ensued on July 29, 1993, and the circuit court handed down its Conclusions of Law The text of the entire Amendment was published that same date which are summarized: prior to the election as required by law.
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