North Dakota voters will decide on their June 11 primary ballot whether there should be age limits on their state’s federal representation in Congress. The ballot question asks voters to approve a state provision reading: “No person may be elected or appointed to serve a term or a portion of a term in the U.S. Senate or the U.S. House of Representatives if that person could attain 81 years of age by December 31st of the year immediately preceding the end of the term.”
The group backing the age limit initiative — Retire Congress North Dakota — gathered 42,000 signatures across the state, which they submitted in February to place the measure on the June primary ballot. Despite some signatures being disqualified, North Dakota Secretary of State Mike Howe says the group still achieved the necessary signature threshold, and the measure qualifies for the ballot.
While the issue has received significant support in polling of North Dakota voters — about 83 percent of voters view the measure favorably — it is likely not constitutional on the federal level. The U.S. Constitution lays out specific standards and qualifications for being able to run and serve in Congress. While the Constitution does lay out age minimums (25 years of age for the House and 30 years for the Senate), it does not specify a maximum age for serving in Congress.
Proponents of Congressional term limits have — for decades — acknowledged their proposals to limit the number of terms a Member of Congress can serve would require either an amendment to the Constitution or the voluntary acceptance of the limits by elected officials. Limiting the age at which one can serve in Congress would require a similar solution.
In 1995, the U.S. Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that state governments could not enact further qualifications for serving in Congress beyond those enumerated in the Constitution.
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