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

BISMARCK, N.D. (AP) — North Dakota lawmakers are expecting a legal challenge to a proposed congressional age limit, and estimate $1 million to defend the measure up to the U.S. Supreme Court, in what some observers see as a likely test case.

A top legislative panel on Wednesday 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. Some legal scholars and political observers have said a state age limit for members of Congress would be unconstitutional. They cite a 1995 U.S. Supreme Court ruling on term limits that states cannot set congressional qualifications beyond those in the U.S. Constitution.

“I think I see clear intent, whether it’s through media and their own spokesman, that the intent here is litigation, and they’re using the initiated measure process to push that litigation,” Republican Sen. Janne Myrdal said.

Republican Sen. Brad Bekkedahl said he “absolutely” foresees an age limit challenge being appealed to the U.S. Supreme Court.

The measure would prevent people from running for Congress if they could turn 81 during their House or Senate term. The $1 million fiscal impact will be listed on the ballot.

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