# US election laws: very limited term limits--incumbent cannot run for re-election: still around?

**URL:** <https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349>\
**Category:** Factual Questions\
**Created:** [November 18, 2016, 6:06pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349 "2016-11-18T18:06:40Z")\
**Posts on this page:** 19\
**Page:** 1

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [November 18, 2016, 6:06pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/1 "2016-11-18T18:06:40Z")

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After re-watching the Coen’s _O Brother, Where Art Thou_ I read a little on [W. Lee O’Daniel](https://en.wikipedia.org/wiki/W._Lee_O%27Daniel), a Texas pol who served as something of a character model for the fictional governor of Mississippi in the 1930’s running for re-election.

An anonymous note in IMDB said that, BTW, in Mississippi gubernatorial incumbents were forbidden from doing so until 1970-something.

True? Also, what the hell? How many states have or had that? Or national elective offices?

Term limits are related, I guess, Presidential most obviously, but as we know congress critters keep coming back.

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [November 18, 2016, 6:13pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/2 "2016-11-18T18:13:58Z")

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Are you referring to [“Resign-to-run laws”](https://en.wikipedia.org/wiki/Resign-to-run_laws), which prohibits current elected officials from running for a different office? It’s not related to term limits though.

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [November 18, 2016, 6:26pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/3 "2016-11-18T18:26:56Z")

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a) I don’t what the hell I’m referring to, beyond a random IMDB statement 🙂  
b) That’s a good cite, but doesn’t match the situation in the movie (or, as we know, in many real-life incumbencies, although President Obama’s Senate career pre-electioneering is a notable example.

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [November 18, 2016, 7:21pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/4 "2016-11-18T19:21:04Z")

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> [@Leo\_Bloom](#):
>
> b) That’s a good cite, but doesn’t match the situation in the movie (or, as we know, in many real-life incumbencies, although President Obama’s Senate career pre-electioneering is a notable example.

Then please explain the situation in the movie, for those of us who haven’t seen it.

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [November 18, 2016, 7:25pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/5 "2016-11-18T19:25:58Z")

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Oh no, it’s simple: a sitting governor is campaigning for re-election; looks like the summer just before November elections.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [November 18, 2016, 7:43pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/6 "2016-11-18T19:43:23Z")

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In Virginia, a governor may not serve consecutive terms, but he or she may run again in any election thereafter. Only two have ever served more than once, though.

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [November 18, 2016, 7:48pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/7 "2016-11-18T19:48:36Z")

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> [@Leo\_Bloom](#):
>
> Oh no, it’s simple: a sitting governor is campaigning for re-election; looks like the summer just before November elections.

I’m still confused. Are you saying the sitting governor IS running for re-election, or wants to run but cannot, because there is a prohibition on serving consecutive terms?

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [November 18, 2016, 7:51pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/8 "2016-11-18T19:51:41Z")

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OK, I found this paragraph on [wikipedia](https://en.wikipedia.org/wiki/Term_limits_in_the_United_States#Gubernatorial_term_limits):

> [@](#):
>
> Unique in its restriction, Virginia prohibits its governors from succeeding themselves, although former governors are re-eligible after four years out of office. Many other states formerly had this prohibition, but all had eliminated it by 2000.

I haven’t found the list of states that formerly had this prohibition.

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [November 18, 2016, 7:57pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/9 "2016-11-18T19:57:37Z")

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He’s talking about some states having laws in which an elected official - typically statewide - can’t succeed themselves. Some are still on the books, such as [Virginia](http://articles.dailypress.com/2001-08-15/health/0108140207_1_governor-jim-gilmore-virginia-governor-term-limit).

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**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [November 18, 2016, 8:03pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/10 "2016-11-18T20:03:00Z")

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> [@scr4](#):
>
> OK, I found this paragraph on [wikipedia](https://en.wikipedia.org/wiki/Term_limits_in_the_United_States#Gubernatorial_term_limits):
> 
> I haven’t found the list of states that formerly had this prohibition.

Georgia used to have it - [in 1970 Jimmy Carter](https://en.wikipedia.org/wiki/Georgia_gubernatorial_election,_1970) won the election for governor - the incumbent Lester Maddox was barred from running, but became the Lt. Governor.

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**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\
**Post date:** [November 18, 2016, 8:46pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/11 "2016-11-18T20:46:33Z")

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The following states governors are bound by term limits:  
AL CA CO DE FL GA KS ME MI MS MO NV NJ NM OH OK SC SD TN VA WV WY

Source: [List of current United States governors - Wikipedia](https://en.wikipedia.org/wiki/List_of_current_United_States_governors)

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [November 18, 2016, 9:32pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/12 "2016-11-18T21:32:12Z")

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And this situation, where it occurs (or occurred) mostly just led to pairs of guys swapping the jobs of senator and governor between them.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [November 18, 2016, 10:41pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/13 "2016-11-18T22:41:58Z")

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If you’re talking about a governor being limited to a single term, Missouri had that law until 1970. A governor would have to sit out at least one election before being eligible to serve again.

Alabama had a similar law, which was also changed during that same era. Don’t know about other states.

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**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\
**Post date:** [November 18, 2016, 11:06pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/14 "2016-11-18T23:06:32Z")

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Alabama had a similar law ages ago, which is how George Wallace’s wife, Lurleen got elected Governor.

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [November 18, 2016, 11:10pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/15 "2016-11-18T23:10:48Z")

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thnx all

eta: “Lurleen” is an absolutely beautiful name. Never heard it before.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [November 19, 2016, 4:09pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/16 "2016-11-19T16:09:18Z")

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There is a minor Simpsons character named Lurleen Lumpkin, a country singer who is briefly involved with Ned Flanders.

> [@](#):
>
> In a hotel room in Delacroix  
> I was drinkin’ like a Dartmouth boy  
> I went reachin’ for a bottle, but instead I found a book.

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**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\
**Post date:** [November 22, 2016, 2:54am UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/17 "2016-11-22T02:54:57Z")

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> [@scr4](#):
>
> OK, I found this paragraph on [wikipedia](https://en.wikipedia.org/wiki/Term_limits_in_the_United_States#Gubernatorial_term_limits):
> 
> I haven’t found the list of states that formerly had this prohibition.

North Carolina used to, and I believe Pennsylvania dida as well.

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**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\
**Post date:** [November 22, 2016, 1:11pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/18 "2016-11-22T13:11:01Z")

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To bring it back to the original question: according to [a 2005 article on governing.com,](http://www.governing.com/topics/politics/Last-One-Statehouse.html) Mississippi’s one-term governorship law was on the books until 1986:

> [@](#):
>
> Virginia’s status as odd state out in gubernatorial tenure is, in fact, relatively new. Half a century ago, some 15 states prohibited their governors from succeeding themselves, including Pennsylvania, Indiana and the entire South except for Arkansas. That began to change in the 1960s, and by the 1980s, only three states were left: Mississippi, Kentucky and Virginia.
> 
> **Mississippi repealed its one-term law in 1986 as part of a wide- ranging push by reformers to modify a Reconstruction-era constitution that had left governors almost powerless and made the speaker of the House the most powerful figure in the state.** The switch in Kentucky came in 1992, after voters changed the constitution to allow succession in various offices. That decision, taken in conjunction with an effort to modernize and professionalize state government, passed only after the incumbent governor at the time, Brereton Jones, agreed not to use it to seek a second term himself.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [November 22, 2016, 2:33pm UTC](https://boards.straightdope.com/t/us-election-laws-very-limited-term-limits-incumbent-cannot-run-for-re-election-still-around/772349/19 "2016-11-22T14:33:31Z")

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> [@kunilou](#):
>
> Alabama had a similar law, which was also changed during that same era. Don’t know about other states.

These rules seem to have been almost universal throughout the South at least during bits of the 20th century.

Amendment 282 to the Alabama Constitution was passed in 1968, and changed the single-term limit to a two term limit.

Florida had a single-term limit after statehood in 1845, then ratified a new constitution in 1868 under the Reconstruction government which dropped the one-term limit; it was then reintroduced in 1885, and dropped again in 1968.

Georgia had a one-term limit from 1945 to 1983.

1968 seems to have been a big year for dropping one term limitations. I suspect it had something to do with retaining anti-segregation governors like George Wallace (whose wife stood in for him essentially as a proxy candidate in the 1966 election, which Wallace was barred from entering due to the one term limit).
