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North Dakota Voters Approve Age Limit for Congressional Candidates

A voter places a ballot in a drop box in Fargo, North Dakota, on Oct. 15, 2020.
15 articles | last updated: Jun 12 20:59:49

New measure bars individuals 81 and older from running for Congress, sparking legal debates and potential nationwide implications.


Voters in North Dakota have made a significant decision by approving a ballot measure that imposes an age limit on candidates seeking to serve in the United States Congress. The measure, which passed with approximately 61% of the vote, prohibits individuals from running for the U.S. Senate or House of Representatives if they will turn 81 years old by the end of the year preceding the expiration of their term. This initiative marks North Dakota as the first state in the nation to enact such a restriction, reflecting growing concerns about the age and health of political leaders.

The measure, known as the Congressional Age Limits Initiative, is seen as a response to increasing public scrutiny regarding the ages of prominent politicians, particularly in light of the upcoming presidential election featuring two of the oldest major-party candidates in history. President Joe Biden, who is currently 81, and former President Donald Trump, who will turn 78 shortly, have both faced questions about their fitness for office. The debate surrounding age limits has intensified, especially following high-profile incidents involving aging lawmakers, such as the late Senator Dianne Feinstein and Senate Minority Leader Mitch McConnell, who have raised concerns about their health and capabilities.

Supporters of the measure argue that it is a common-sense approach to ensure that elected officials are mentally and physically capable of fulfilling their duties. Jared Hendrix, a Republican politician who spearheaded the initiative, stated, “Most people think it’s common sense that politicians should retire at some point.” He believes that if North Dakota successfully implements this measure, it could inspire similar initiatives in other states.

However, the measure is expected to face legal challenges. Legal experts point to a 1995 U.S. Supreme Court ruling that established states cannot impose additional qualifications on congressional candidates beyond those outlined in the U.S. Constitution. This ruling, known as U.S. Term Limits, Inc. v. Thornton, has led many to speculate whether the new age limit will withstand judicial scrutiny. The North Dakota legislative panel has already estimated that defending the measure in court could cost the state up to $1 million.

Critics of the measure, including some current lawmakers, argue that it arbitrarily limits voters' choices. Senator Kevin Cramer, who is seeking re-election, expressed his opposition, stating, “To limit those decisions arbitrarily just doesn’t make sense to me.” This sentiment reflects a broader concern among some voters who believe that age should not be a disqualifying factor in elections, emphasizing the importance of self-governance and the right to choose representatives.

The implications of this measure extend beyond North Dakota. It raises fundamental questions about the qualifications for public office and the role of age in political representation. While the U.S. Constitution sets minimum age requirements—25 for House members and 30 for senators—there are no maximum age restrictions. This discrepancy has led to a growing discourse on whether age limits should be established, particularly as the median age of Congress continues to rise, with the average age of senators currently at 65.3 years.

As North Dakota prepares to implement this new rule, the eyes of the nation will be watching closely. The outcome of potential legal challenges could set a precedent for how states regulate the age of their congressional candidates, potentially reshaping the landscape of American politics. The measure's passage reflects a significant moment in the ongoing dialogue about the intersection of age, capability, and public service, as voters grapple with the implications of their leaders' ages in an increasingly complex political environment.

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