North Dakota voters have made history by approving a groundbreaking ballot measure that imposes an age limit on the state’s congressional representatives. This unprecedented decision marks the first instance in U.S. history where a state has established a maximum age limit for its federal lawmakers.
With nearly 61% of the votes in favor and over 95% of ballots counted, the measure will amend North Dakota’s constitution. It will prevent candidates from running for congressional office if they will turn 81 before their term ends. However, this measure will not affect the upcoming 2024 election, as it is set to take effect in time for the 2026 midterms, according to an announcement made on X (formerly Twitter) on Thursday, June 13, 2024.
The passage of this measure indicates a significant shift in voter sentiment, driven by increasing attention to the age of political candidates. The issue has gained prominence, especially as President Joe Biden, aged 81, runs for re-election against Donald Trump, who will soon be 78.
Proponents of the age limit argue that it is essential for ensuring effective representation and preventing lawmakers from serving beyond their prime years. Jared Hendrix, a 41-year-old Republican candidate for the state legislature, led the campaign in support of the measure, asserting that the new rule will foster a more dynamic and vibrant legislative body.
On the other hand, U.S. Senator Kevin Cramer, R-N.D., strongly opposed the measure, contending that voters should not have their choices arbitrarily restricted. He argues that such age limits undermine the democratic process by excluding experienced individuals from serving based solely on their age.
Despite the measure’s approval, it is expected to face substantial legal challenges. The U.S. Constitution sets minimum age requirements for federal office—35 for the presidency, 30 for U.S. senators, and 25 for U.S. House members—but does not establish maximum age limits. In 1995, the Supreme Court ruled that states cannot impose additional qualifications on candidates beyond those specified in the Constitution, including term limits. This precedent suggests that North Dakota’s age limit measure may be struck down if challenged in court.
Mark Jendrysik, a political science professor at the University of North Dakota, views the measure as a test case to provoke a Supreme Court ruling on whether individual states can set their own congressional age limits. Should the Supreme Court uphold North Dakota’s measure, it could pave the way for other states to implement similar age-related qualifications for officeholders, potentially reshaping the landscape of American politics.
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Currently, North Dakota’s congressional delegation remains unaffected by the new rule. Representative Kelly Armstrong, R-N.D., who is 47, represents the state’s sole Congressional District in the House but has won the Republican gubernatorial primary and is not seeking re-election. Julie Fedorchak, the GOP primary winner for the House seat, is 55. The state’s U.S. Senators, Kevin Cramer and John Hoeven, are 63 and 67, respectively. Thus, the measure will not immediately impact the current roster of North Dakota lawmakers.
This development comes amid broader national discussions on the age and health of political leaders. According to Pew Research, the median age of the current House of Representatives members is 57.9 years, while the Senate’s median age is notably higher at 65.3 years. These figures underscore the advanced age of many serving lawmakers and highlight the relevance of North Dakota’s measure within the broader context of American political discourse.
