North Dakota voters have just approved a ballot initiative that bars anyone who would be 81 years old during his or her U.S. House or Senate term from running for Congress. Legal scholars view the measure approved overwhelmingly Tuesday as an effort to revisit a nearly 30-year-old U.S. Supreme Court ruling against congressional term limits.
FILE - North Dakota State Elections Specialist Lee Ann Oliver, center, talks with Retire Congress North Dakota Chairman Jared Hendrix, at left, and U.S. Term Limits National Field Director Scott Tillman, at right, on Friday, Feb. 9, 2024, in the North Dakota Secretary of State’s Office at the state Capitol in Bismarck, N.D. North Dakota voters on Tuesday, June 11, 2024, approved a ballot initiative that bars anyone who would be 81 years old during his or her U.S.
The Associated Press is the most trusted source of information on election night, with a history of accuracy dating to 1848.He said he views the measure as unconstitutional under the 1995 term limits decision that states cannot set qualifications for Congress beyond what is already in the U.S. Constitution.
Schultz sees federal court as the likely path for any lawsuit. A judge and Court of Appeals would both likely be bound by the 1995 term limits ruling, he said. Then it would be a question of whether the U.S. Supreme Court takes it, he said. The measure is vexing in two ways, said Michael Thorning, director of the Structural Democracy Project at the Bipartisan Policy Center. It seems clear that even the initiative’s proponents know it’s likely in contradiction to the 1995 ruling. But Thorning said it’s also perplexing why supporters of the measure didn’t apply the age limit to state or local officers or presidential candidates “if they are concerned or confident about their argument.
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