North Dakota voters will decide whether 81 is too old to serve in Congress

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North Dakota voters will decide whether 81 is too old to serve in Congress
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North Dakota voters will decide in June whether to prevent people from running for Congress if they're old enough to turn 81 during their House or Senate term. Secretary of State Michael Howe announced on Friday that his office validated more than enough signatures to qualify the initiative for the June 11 ballot.

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 on Friday, Feb. 9, 2024, at the state Capitol in Bismarck, N.D. North Dakota Secretary of State Michael Howe’s office on Friday, March 15, announced the initiated measure will appear on the June 11 election ballot for voters to decide. BISMARCK, N.D.

The ballot initiative wouldn’t prevent any current incumbents from running again. The oldest member of North Dakota’s three-person congressional delegation is Republican Sen. John Hoeven, at 67. North Dakota has had octogenarian senators in the past, including Democrat Quentin Burdick, who died in office in 1992 at age 84.

The measure “looks unconstitutional” under that decision, said Jason Marisam, who teaches constitutional and election law at the Mitchell Hamline School of Law in St. Paul, Minn. The only justice remaining from that 1995 decision is Clarence Thomas, who dissented saying that states or the people can act on issues where the Constitution is silent.

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