The U.S. Supreme Court has weighed in on State-imposed Qualifications for Congressional Candidates. In 1995, the Court Ruled 5-4 in U.S. Term Limits Inc. v. Thornton, that States cannot impose Qualifications for Prospective Members of Congress, that are Stricter than those specified in the U.S. Constitution. The Ruling did Not apply to State Government Officials.
The latest State, North Dakota would Impose Age Limits on Congressional Candidates. The Initiative, could appear on the Ballot on June 11, when the State holds Primary Elections.
The Retire Congress North Dakota Campaign, submitted 42,000 Signatures for the North Dakota Congressional Age Limits Initiative on Feb. 9th. To Qualify for the Ballot, 31,164 must be Valid. The Secretary of State's Office must Verify Signatures by March 15th.
The Initiative would Prohibit a Person from being Elected or Appointed to the U.S. Senate or House, if they would reach the age of 81 by Dec. 31st, of the year before their Term Ends.
University of North Dakota Political Science Professor Mark Jendrysik said that the Initiative could serve as a Test Case, to determine if the U.S. Supreme Court would allow Individual States to set Congressional Age Limits.
The Initiative includes a Provision that would take effect, if a Court Invalidated the Age Restriction. Candidates who would have been deemed Ineligible under the Measure, would have their Ages printed next to their Name on the Ballot: "Candidate would be [age] years old by end of term.”
Retire Congress North Dakota Chairman Jared Hendrix, led the 2022 Campaign that Sponsored Measure 1, which Voters Approved 63.43% to 36.57%.
Measure 1 imposed Term Limits on the Governor and State Legislators. The Measure also provided that only Citizenship Initiative, and Not State Lawmakers, could Change the Amendment.
The Constitution of North Dakota states: “An individual shall not serve as a member of the house of representatives for a cumulative period of time amounting to more than eight years. An individual shall not serve as a member of the senate for a cumulative period of time amounting to more than eight years.” The Constitution also says: “An individual shall not be elected to the office of governor more than twice.”
Sixteen States impose Term Limits on State Lawmakers. In Six of those States, including North Dakota, the Limit is a Lifetime Limit. In the other 10 States, Lawmakers who run out their time in a Chamber, can run again after a certain number of years.
Voters in Six additional States have Voted to impose Term Limits, only for Courts or Lawmakers to Reverse those Measures. In Two cases, the State Legislature Voted to Nullify the Limits imposed by Voters, while in Four other States, Courts Nullified the Voter-imposed Limits, primarily for Technical Reasons.
Since 2010, Six Term-Limit Measures related to State Lawmakers have Appeared on the Ballot. Voters approved Ffive and Rejected One.
States with Legislative Limits:
Arizona - Legislature 4 terms (8 years)
Arkansas - Legislature 12 consecutive years, can Return after a Four-year break.
California - Legislature 12 year cumulative total.
Colorado - House 4 terms (8 years), Senate 2 terms (8 years).
Florida - House 4 terms (8 years), Senate 2 terms (8 years).
Louisiana - Legislature 3 terms (12 years).
Maine - Legislature 4 terms (8 years).
Michigan - Legislature 12 year cumulative total.
Missouri - House 4 terms (8 years), Senate 2 terms (8 years).
Montana - House 4 terms (8 years), Senate 2 terms (8 years).
Nebraska - Legislature 2 terms (8 years).
Nevada - House 6 terms (12 years), Senate 3 terms (12 years).
Ohio - House 4 terms (8 years), Senate 2 terms (8 years).
Oklahoma - Legislature 12 year cumulative total.
South Dakota Legislature 4 terms (8 years).
NYC Wins When Everyone Can Vote! Michael H. Drucker
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