North Dakota voters will have the opportunity to vote on a ballot measure this June that could potentially prevent individuals from running for Congress if they would turn 81 during their House or Senate term. The initiative, which has been added to the ballot following a successful signature drive, has sparked discussions among legal scholars about its constitutionality and the potential implications it could have on challenging a long-standing Supreme Court precedent.
The proposed age limit would not impact current incumbents, including the oldest member of North Dakota's congressional delegation, Republican Sen. John Hoeven, who is 67. The state has previously had senators in their 80s, such as Democrat Quentin Burdick, who passed away at the age of 84 while in office in 1992.
While the measure specifically targets congressional seats, it comes at a time when the ages and fitness of political figures, including President Joe Biden, 81, and former President Donald Trump, 77, have been under scrutiny. The signature drive garnered more than the required number of valid signatures, paving the way for the measure to be included on the ballot.
Legal experts have raised concerns about the measure's constitutionality, citing a 1995 Supreme Court ruling that states cannot impose additional qualifications for congressional candidates beyond those outlined in the U.S. Constitution. The initiative, if passed, would introduce an age limit of 81 for individuals seeking congressional seats.
The initiative committee behind the measure has emphasized its aim to address cognitive and age-related concerns associated with elderly officeholders. The push for the measure gained momentum last summer amid heightened scrutiny of members of Congress, with instances of health-related issues and cognitive lapses among prominent lawmakers.
Despite the potential constitutional challenges, the measure's backers, which include current and former state lawmakers, remain committed to seeing it through. The ballot measure stipulates that individuals cannot be elected or appointed to serve in the U.S. Senate or House of Representatives if they could reach 81 years of age by the end of the term.
