North Dakota voters just approved an age limit for congressional candidates. What’s next?

BISMARCK, N.D. (AP) — People in their late 70s or older can no longer run for Congress in North Dakota under a ballot measure overwhelmingly approved by voters Tuesday, and legal scholars said the law could remain on the books indefinitely because no elderly candidate might challenge the restriction they deem likely unconstitutional.

Those experts view the constitutional amendment as an effort to revisit a nearly 30-year-old Supreme Court ruling against congressional term limits and could provide a potential test case for the nation. The initiative bars people from running or serving in the U.S. House or Senate if they are to turn 81 years old during their term.

The high-profile measure comes at a time when the ages of elderly officeholders have been front and center in the presidential race between Joe Biden and Donald Trump. Lawmakers including Sen. Dianne Feinstein, who died last year, and Senate Minority Leader Mitch McConnell also have drawn attention to the issue because of their ages and health issues.

For now, the age limit stays on the books until somebody challenges it, said David Schultz, professor of political science at Hamline University and a law professor at the University of Minnesota specializing in election and constitutional law. He said the key to any challenge would be who has standing to bring a claim.

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