North Dakota voters approved a ballot measure that would set an age limit for state legislators, the Associated Press reported Tuesday. Experts believe North Dakota is the first state to impose such a requirement on legislators, but say the measure is likely to be challenged in court.
The ballot measure would amend the North Dakota Constitution to bar candidates from running for Congress who will be 81 or older by the end of the previous term.
The bill offered a rare glimpse into how one state’s voters think about age at a time when questions about the effectiveness of older political leaders have become part of the national debate.
The North Dakota movement to pass an age limit for state legislators comes as many Americans are debating whether age should be a factor in this year’s presidential election. President Biden is 81 years old, while his opponent, former President Donald J. Trump, is 77.
In fact, the rule poses no threat to the state’s three current congressional representatives, all of whom are Republicans and range in age from 47 to 67.
Jared Hendricks, 41, a Republican politician from Fargo who led the push to put the question on the ballot, said he saw it as an opportunity to elevate the conversation about whether older politicians can govern effectively.
“If we can do this successfully here, I think it’s very likely other states will follow suit,” he said before the election.
In 2022, Hendrix led a successful effort to set term limits for the governor and state legislators.
North Dakota lawmakers expected the new bill, if approved, would be challenged in court. A 1995 Supreme Court ruling said states cannot impose more restrictive eligibility restrictions than those set by the Constitution. The Constitution sets minimum ages for congressional representation at 25 for the House and 30 for the Senate, but federal representatives can serve as long as they keep winning elections.
