City Councilmember John Mirisch has confirmed to the Courier that he will run for a fifth term. His candidacy in the June 2026 municipal election will challenge the legality of the Term Limits provision of the Beverly Hills Municipal Code (BHMC) 2-1-21, which states that city councilmembers and city treasurers are limited to three lifetime terms in office.
BHMC 2-1-21 was overwhelmingly approved by voters in 2022 as Measure TL. Mirisch was elected to his fourth term simultaneously with the measure’s passage.
Although the code language on its face appears to preclude another term in office for Mirisch, his position, as outlined in a recent letter from his attorney to the city, is that terms served prior to the measure’s passage cannot count toward the three-term total.
This argument relies on California Government Code Section 36502(b), which states that City Council term restrictions may apply “prospectively only” to terms that have not yet been served.
During the drafting phase of Measure TL, City Attorney Laurence Weiner advised City Council of the potential conflict with the Government Code, as well as an advisory opinion from then attorney general Kamala Harris. Weiner explained at length that the wording of the measure could leave it vulnerable to a court challenge.
The provision has not been put to the test until now.
Speaking to the Courier this week, Mirisch said that any “reasonable interpretation” of state law would find that past terms don’t count toward the three-term tally.
“To me, that seems to be not only the most reasonable explanation [of the law], and according to my lawyers, one that would be in accordance with the law, but also the practice, as far as I know, of all other cities in California that have instituted term limits,” he said.
He added, “Residents should have the right, if they want, to allow me to continue in accordance with what state law says.”
As of press time, the city has not formally responded to a request for comment on Mirisch’s stated intentions to run. It should be noted, however, that since the passage of Measure TL, California case law analyzing nearly identical legal issues supports the notion that Mirisch is barred from running again.
As such, it is likely that the City Clerk’s office will reject any filing for a Mirisch candidacy, and he will have to sue to get on the ballot.
Mirisch told the Courier that he hopes the issue can stay out of court, but stopped short of confirming whether he would pursue litigation if his candidacy is blocked by the city.
“Hopefully [my attorney’s] legal interpretation is persuasive,” he said. “You never want to have to go to court if you don’t have to. And hopefully, when people look at our arguments and the way that this law has been implemented in every other city that I know of … it should be no different here.”
Noting that he supports term limits for executive positions, such as a president or governor, Mirisch said he draws a distinction between those positions and members of legislative bodies.
“When you’re a council member, you’re just one of five votes,” he said. “You’re part of a legislative process, and you make a contribution. You don’t have executive power.”
In addition to Mirisch’s seat, two other City Council seats will be open, those of Mayor Sharona Nazarian and Councilmember Lester Friedman, in addition to the position of City Treasurer.
