A North Dakota ballot question could be a legal test case for political age limits

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Voters will decide whether to cap the age of candidates for the U.S. House or Senate, but the measure could face an uphill battle in court.

Sunlight illuminates the North Dakota House of Representatives in Bismarck, N.D. A ballot question will ask North Dakota voters whether the state should bar anyone from running for Congress if they'd turn 81 during their term.Sunlight illuminates the North Dakota House of Representatives in Bismarck, N.D. A ballot question will ask North Dakota voters whether the state should bar anyone from running for Congress if they'd turn 81 during their term.

At least one Constitutional scholar says the North Dakota proposal would violate a Supreme Court ruling from the mid-1990s, and the high court would have to change its precedent to allow it. Joe Biden would enter a second term at 82 if reelected, and Donald Trump would be 78 for his second inauguration.about their age in recent years, including Republican Sen. Mitch McConnell of Kentucky and the late Democratic Sen. Diane Feinstein of California, wholast year, 79% of Americans support age limits for federal legislators, while 74% believe Supreme Court justices should be subject to age caps.and isn't an accurate predictor of competence.

The court ruled at the time that Arkansas couldn't place term limits on federal lawmakers, barring the introduction of any new restrictions on political candidates that weren't already included in the Constitution, such as age minimums.

 

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