governors third term

Freudenthal is extremely popular, having trounced Republican challenger Ray Hunkins in the 2006 race for his second term with 70 percent of the vote.

Still, it’s still two years before he must decide to file for the office. And there’s the matter of term limits that are still on the books, as a result of a 1992 initiative that was approved by 77 percent of Wyoming voters.

Why are some Democrats so certain that the intervening U.S. Senate and House races are going exhaust the party’s good statewide candidates – so much so that they already anticipate the need, two years out, to keep Freudenthal on the ballot?

Freudenthal himself has disavowed any interest in the federal races and won’t comment on the attempts to draft him for a run at a third term.

The only three-term governor was Ed Herschler, another Democrat, who won elections in 1974, 1978 and 1982. Herschler, from Kemmerer, was an ex-marine and a 10-year veteran of the Wyoming Legislature, and he drew faithful support from all the American Legion and Veterans of Foreign Wars chapters across the state.

Phil Noble, who was recruited by Freudenthal to run the third campaign, recalls that Herschler agonized over the decision and filed for the gubernatorial race at the very end of the filing period in 1982, two and one-half months before the primary. Herschler, 63 at the time, had just won legislative approval for the Wyoming Industrial Siting Act and was unsure how the new law would be supported by a Republican administration, Noble recalled. On the other hand, he had won his second term by just 2,000 votes, a squeaker against John Ostlund. As it turns out, Herschler won his third term handily, with 63 percent of the vote, against Casper oilman Warren Morton. Half the state’s Republicans voted for him.

Also, there’s that matter of term limits on the top five elected officials. The Legislature wrote the gubernatorial limit without criticizing Herschler’s third administration but based on the general principle of wanting new leadership after eight years in office. State Treasurer Stan Smith and Secretary of State Thyra Thomson both served multiple terms without raising any protest. In fact, they generally were praised for longevity of service.

Then two-term limits were imposed on the other four elected officials and legislators by the 1992 ballot initiative championed and financed by out-of-state interests. It apparently seemed like a good idea at the time, passing in all 23 counties, with approval ranging from 70 percent to 82 percent. The overwhelming voter approval helps explain the Legislature’s reluctance to do more than fiddle with the length of the limit for House members, so all legislators had a limit of 12 years.

Finally, in 2004, legislators started bumping up against the limit and challenged the constitutionality of term limits – but just their own, not those of the governor and other top officials. So the Wyoming Supreme Court’s ruling struck down just the legislative limits. The court concluded “that the term limit law violates the unambiguous and exclusive provisions of the Wyoming Constitution providing eligibility requirements for membership in the state Legislature… .” (Cathcart v. Meyer, 2004, WY 49)

Term limits also are just a bad idea. They tempt potential challengers to sit back and wait until an incumbent cannot run. They prevent accumulation of knowledge and expertise of legislators, who rely more heavily on staff and lobbyists. Moreover, term limits restrict the ability to vote and run for office based on the irrational and unconstitutional basis of longevity. The valid term limit is imposed by voters on election day.

Updated: April 14.

The 2004 term limit challenge was filed by term-limited Laramie County legislators Democrat Sen. Rich Cathcart and Republican Rep. Rodney "Pete" Anderson and by two Laramie County voters, both registered Republicans. They were represented by Hageman and Brighton, a Cheyenne law firm with strong Republican connections, and by Brown, Drew and Massey of Casper.

Presumably, a court challenge of the remaining limits would use the same constitutional arguments, with the same results. Under that scenario, a third-term gubernatorial candidate, e.g., Freudenthal, and a protesting voter would bring the challenge.

Interestingly, Freudenthal stated flatly during his initial 2002 gubernatorial bid that he supported term limits for everyone, so he would have some explaining to do if he tried a third term. Another irony: some Republicans are gnashing their teeth to think their litigation to remove legislative limits might be used to keep a Democrat in the governor’s office.
No one says a challenge is being written already.

It would be too bad if all this early talk of a third run by a very popular governor discouraged others from considering running in 2010 and discouraged political parties from grooming potential candidates. Two years is plenty of time to compose a slate and start building support.

State Democratic Party Chairman John Millin, a Cheyenne ophthalmologist, says there’s nothing wrong with party members asking Freudenthal to run again. But he wants to make it clear the Democratic Party will continue to develop candidates for all offices and will not anoint any favorites for the primaries, as is the tradition of leaders in the state Republican Party. “This is no way a done deal,” he said.

However, it would be a daunting task – for a Democratic primary challenger or a Republican -- to take on a governor who has had eight years to travel the state and establish name recognition. I don’t know if he’s made more friends, but he surely has influenced people. First Lady Nancy Freudenthal is a great campaigner, as well, and is well-known for her efforts to stop underage drinking.

Back in 1986, there was talk about Herschler’s seeking a fourth term or running against incumbent Republican U.S. Sen. Malcolm Wallop, but he demurred, saying it was time for new blood. First Lady Casey Herschler, was in declining health with multiple sclerosis. He was 67 at the time and died four years later of cancer.