In March 2020, Indian Wells voters overwhelmingly passed Measure J, a voter-initiative ballot measure that changed City Council elections by limiting Council service to two four-year terms “during his or her lifetime.” Measure J also prohibits the City Clerk, who serves as the City’s Election Official, from accepting or verifying nomination papers for any person seeking to run for City Council who has previously served two four-year terms. The term limit imposed by Measure J was approved by over 61 percent of Indian Wells voters.
The City of Indian Wells has learned that current Councilmember Ty Peabody and former Councilmember Doug Hanson have filed a lawsuit against the City of Indian Wells, challenging application of the lifetime term limit in Measure J to them. Councilmember Peabody and former Councilmember Hanson have each previously served two four-year terms on the City Council.
For candidates in the November 2020 election, the Election Official enforced Measure J and refused to accept nomination papers from former elected officials who had already served two four-year terms. Former Councilmember Hanson sued the City, and the Riverside Superior Court ruled that under state law (Government Code section 36502), Measure J could not be applied to terms served before the measure’s adoption in 2020 and ordered that Mr. Hanson’s name be placed on the ballot — even though he had already served two four-year terms. The Election Official complied and also adhered to the 2020 Superior Court’s interpretation during the 2022 election, due to the court order.
However, recent court decisions by the Court of Appeal in 2023 regarding term limits and charter city powers under the state Constitution now support the Election Official in refusing to accept nomination papers for the November 2024 election from former elected officials who have already served two four-year terms.
Because this is an issue of great interest to residents, the City is providing the information in this press release to remain transparent and forthcoming about Measure J and how recent appellate court decisions now require the City Clerk to follow current binding law, as established in Measure J, for the 2024 election.
By way of background, at the City Council’s 2023 Strategic Planning Session, the Council approved the establishment of an Ad Hoc Council Committee composed of then-Mayor Pro Tem Greg Sanders and Councilmember Bruce Whitman to assist in the review of Measure J. The City was concerned that a significant change in circumstances regarding term limits occurred between 2022 and 2024. Specifically, new appellate cases decided in 2023 have done two things: The first case (Cultiva La Salud), emphasizes that charter cities, such as Indian Wells, are insulated from state regulation in municipal affairs like local term limits. The second case (Monell), supports the application of Measure J’s term limit to all terms served during a person’s lifetime, regardless of when Measure J was adopted.
The Ad Hoc Council Committee shared the recent appellate court decisions with the
Election Official, and the decision was made to obtain an independent legal opinion from a law firm that specializes in election law. The Election Official subsequently concluded that these new appellate decisions together with Measure J constitute a significant change in circumstances and support the City in counting all Council terms served during a person’s lifetime — whether served before or after the passage of Measure J.
Accordingly, the Election Official has begun enforcing the provisions of Measure J as approved by Indian Wells voters in 2020. “As the City Election Official, I must follow current binding law. I must now apply the lifetime two four-year term limit to all terms served during a candidate’s lifetime,” said Indian Wells City Clerk Angelica Avila. “I will protect and enforce the laws established by the voters of Indian Wells.”