North Dakota sets age limit for Congress candidates
Voters in North Dakota have approved a new candidate age limit that would prevent anyone from running for Congress if they turn 81 during their term.
The ballot measure changes the state's constitution to bar North Dakota candidates from representing the state in the US House or Senate if they turn 81 by 31 December of the year when their term ends.
It passed among voters in the least populous US state on Tuesday with a majority of votes - 61%. Nearly 40% of voters opposed it.
The measure prevents older candidates from appearing on ballots. If a court ruling requires someone to appear on a ballot, the ballot will also include their expected age at the end of the term.
North Dakota's current congressional delegation will not be impacted by the measure. Sen. John Hoeven is the oldest member of the group at 67.
Voters' approval of the law is one of the first measurable indicators of how Americans feel about the age of their representatives.
The issue is in the spotlight ahead of the November presidential election, when voters will choose between US President Joe Biden, who is 81, and former US President Donald Trump, who is turning 78 this week.
Regardless of which candidates wins, they would become the oldest serving US president - a title President Biden currently holds.
However, the North Dakota ballot measure is likely to face legal challenges.
The US Constitution says senators must be at least 30 years old and members of the House at least 25 years old. There are no term limits or retirement requirements for Congress.
The US Supreme Court ruled in 1995 that states do not have the authority to establish eligibility rules for congressional candidates. The decision, U.S. Term Limits, Inc. v. Thornton, determined that states can not impose additional restrictions on federal government representatives beyond what is included in the US Constitution.
The Supreme Court separately affirmed that states cannot set their own requirements for national office in March, when it rejected an effort to remove Trump from Colorado's primary ballot.
The North Dakota Attorney General's office estimated the age limit measure could lead to an estimated $1 million in litigation costs.
There are currently three senators older than age 80 - Senate Minority Leader Mitch McConnell, 82, a Republican from Kentucky; Vermont Independent Sen. Bernie Sanders, 82; and Iowa Republican Sen. Chuck Grassley, 90.
Mr McConnell garnered attention last year after several episodes in which he appeared to freeze in front of TV cameras, raising questions about his health and competency. Mr McConnell has said he is "completely recovered" after the episodes.
At least 10 current House members are older than 80, including Democrat Steny Hoyer of Maryland, 84; Democrat Nancy Pelosi of California, 84 and Democrat James Clyburn of South Carolina, 83.
