North Dakota voters just passed age limits for Congress. Will it hold up?

How old is too old to run for Congress? Voters in North Dakota decided that octogenarians plus one year are not eligible to become candidates in the U.S. House and Senate. But is that legal?

More than 60% of the state—just over 68,000 people—voted to place age restrictions on candidates sent to Capitol Hill. The state has one of the youngest average populations in the country, with a median age of roughly 35. 

“The median age of retirement in the United States is 64,” Jared Hendrix, the chair of Retire Congress North Dakota who spearheaded the ballot measure campaign, said in a press release. “We’re saying that we don’t want career politicians to serve for eternity. Everybody else retires, so should members of Congress. We’re asking voters to Vote YES on Measure 1.”

None of North Dakota’s three current Congressional lawmakers would be affected by the change: all three range in age from 47 to 67. But, the idea of an age cap is gaining widespread appeal within the state and beyond.

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What obstacles will an age limit face?

However, placing new restrictions on candidates seeking federal offices is a different matter. Experts say the North Dakota ballot measure ultimately won’t survive long enough to take effect, thanks to a 1995 Supreme Court ruling that prevents states from adding eligibility restrictions beyond those in the Constitution.

Any new restrictions on candidates would likely have to be made through a constitutional amendment, which would require a two-thirds vote in both the legislative chambers, then ratification by three-quarters of the states. 

With no mandated term limits for some of the nation’s highest offices, including Congress and the Supreme Court, the overwhelming majority of Americans favor age limits in at least some cases, according to a Pew Research Center study. Nearly 80% of the overall U.S. population would support age limits for federal elected offices, while 74% would want age limits for justices on the Supreme Court. 

Age has been a focal point in this election year, especially given the ages of the candidates. If either Joe Biden, 81, or Donald Trump, who will turn 78 on June 14, are sworn into office on Jan. 20, 2025, they would become the oldest person ever to be sworn in as president.

More:How old is Joe Biden? His age makes him the oldest sitting president in US history.

Are there currently age restrictions for public office?

While there is no maximum age restriction, the U.S. Constitution does set a minimum age of 35 for presidential candidates, 30 for U.S. Senators and 25 for U.S. Representatives to qualify for the ballot. In 2023, the U.S. Senate had a median age of 65.3, while the House of Representatives had a median age of 57.9. The median age of the U.S. Supreme Court justices is currently 63. 

Term limits are also nothing new in North Dakota, where voters elected to limit state lawmakers to eight years each in the state House and Senate back in 2022. The changes also affected the governor’s office, setting a limit of two terms. A petition to include this year’s age limit question received 42,107 signatures according to North Dakota Secretary of State Michael Howe, surpassing the minimum threshold to be included on the ballot. 

So, for now, older candidates may continue their congressional campaign quests. It turns out that age is still just a number. 

Maya Homan is a 2024 election fellow at USA TODAY who focuses on Georgia politics. She is @MayaHoman on X, formerly Twitter.