Expecting a lawsuit, North Dakota lawmakers estimate $1 million to defend congressional age limit

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North Dakota lawmakers expecting a legal challenge to a congressional age limit, if passed through a ballot initiative in the June election. They estimate $1 million for the state to defend the age limit in litigation. North Dakota voters will decide the outcome of the ballot measure in the June 11 election.

FILE - Retire Congress North Dakota Chairman Jared Hendrix, left, and U.S. Term Limits National Field Director Scott Tillman look over petitions they submitted for a North Dakota congressional age limit ballot initiative, Feb. 9, 2024, at the state Capitol in Bismarck, N.D. On Wednesday, April 3, a top legislative panel unanimously approved a $1 million cost estimate for the state to defend the age limit proposed in a constitutional initiative approved for the June 11 ballot.

Republican Sen. Brad Bekkedahl said he “absolutely” foresees an age limit challenge being appealed to the U.S. Supreme Court. It’s unclear who would challenge the age limit, if passed. Someone could challenge the age limit as unconstitutional on its face, or an affected candidate could sue, according to Deputy Attorney General Claire Ness.

The state would likely have to hire a special assistant attorney general, costs of which can vary, depending on the legal issues raised by the other side, the attorney’s hourly rate and whether the case goes to appeal, Ness said. Costs could easily be in the hundreds of thousands of dollars, she told lawmakers.

 

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