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

BISMARCK, N.D. (AP) — North Dakota voters will decide this June whether to prevent people from running for Congress if they’re old enough to turn 81 during their House or Senate term.

A signature drive has succeeded in adding the question to the ballot, Secretary of State Michael Howe’s office announced Friday, and while some legal scholars say the state age limit for congressional seats would be unconstitutional, it could lead to a challenge of a Supreme Court precedent that has held for decades.

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.

While the initiative applies only to congressional seats, this election year will also feature President Joe Biden, 81, and former President Donald Trump, 77, competing in an election rematch that has drawn scrutiny of their ages and fitness.

Howe’s office said that of the 42,000 signatures measure backers submitted in February, they had about 1,200 more valid signatures than the 31,164 needed to place the measure on the ballot.

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