A ballot measure to institute an age limit on members of Congress will pass in North Dakota, according to a projection from Decision Desk HQ.
The measure will prohibit anyone from being elected or appointed to represent the state in the Senate or the House if they would be 81 years old by the end of the year preceding the end of their term. But the measure will likely face legal challenges before it can go into effect.
The Constitution sets minimum age requirements for those serving in Congress — 25 years old for the House and 30 years old for the Senate — but it does not reference any upper limit. A 1995 Supreme Court ruling that decided states cannot impose additional restrictions on candidates for Congress, like term limits, may be a barrier for the measure to proceed.
The measure would not affect presidential candidates. But its passage comes as questions have been raised about how old is too old, or if any limit should exist, to serve in public office. The two major parties’ presumptive presidential nominees, President Biden and former President Trump, are both the two oldest individuals to be major nominees for president in U.S. history.