The question has been around for ages: How old is too old to hold office? While many would say the answer depends on an individual’s mental acuity, in North Dakota some citizens have landed on a specific number—80.
The group Retire Congress North Dakota aims to change state law by implementing congressional age limits.
They have proposed a rule that no person may be elected or appointed to serve a term or a portion of a term in the U.S. Senate or House of Representatives if that person could attain 81 years of age by Dec. 31 of the year immediately preceding the end of the term.
If a higher law requires age-limited candidates to appear on the ballot in primary or general elections, the state would put print a ballot advisory next to their name, “Candidate would be [age] years old by end of term.”
To get the measure on the June ballot, Retire Congress North Dakota gathered just over 42,000 voter signatures. Although 31,164 valid signatures were required, it is common for extra signatures to be gathered in case someone challenges the validity of a signature.
The North Dakota Secretary of State’s office had 35 days to process the signatures, and time was up on Friday, March 15.
The office released a breakdown of the count Friday and confirmed that, with 32,370 accepted signatures, the age question will be put on the June ballot and a simple majority of voters will decide. If it passes, North Dakota will be the first state with such a law.
But the law could be unconstitutional.
“My understanding is that qualifications for serving in Congress are set in the United States Constitution, and so to change those qualifications, the U.S. Constitution would have to be changed,” North Dakota Secretary of State Michael Howe told the Nebraska Examiner last month. He added that it is not the job of the Secretary of State’s Office to assess the legality of ballot measures.
“If this group wants to pose that question to the North Dakota voters, they have every right to do that,” Mr. Howe said.
Seniors in Service
Candidate age has figured prominently in the national conversation lately, but the ballot measure speaks only to congressional candidates, not the presidential seat. President Joe Biden is currently 81. At 78, he was the oldest person ever inaugurated president of the United States. If he wins the 2024 election cycle, he will be 82 at the 2025 inauguration and 86 by the time that term is up.Former President Donald Trump is currently 77.
Former California Sen. Diane Feinstein, a Democrat, died in office at age 90 on Sept. 29. She held her Senate seat from 1992-2023, that is 31 years. In her last year, there was much speculation about her health and her ability to continue serving.
As of September 2023, 49 members of Congress were over the age of 75.
Most notably eligible for a senior citizens discount at the movies are Sen. Chuck Grassley (R-Iowa), 90; Rep. Grace Napolitano (D-Calif.), 87; Rep. Bill Pascrell Jr. (D-N.J.), 87; Rep. Hal Rogers (R-Ky), 86; Rep. Maxine Waters (D-Calif.), 85; Rep. Steny Hoyer (D-Md.), 84; Rep. Jim Clyburn (D-Calif.) 83; Rep. Nancy Pelosi (D-Calif.) 83, and Sen. Bernie Sanders (I-Vt.) 82.
