North Dakota Passes Candidate Age Restriction Constitutional Amendment

Posted on by June 12, 2024

The North Dakota Constitutional Amendment passed yesterday with a 61% Yes vote (a majority vote was needed) that bars candidates for US House or US Senate who would attain their 81st birthday by December 31 of the year preceding the year in which their term ended.

So, this could stop some people who are younger than 79 years (for US House elections) and younger than 75 years (for US Senate elections) on Election Day from seeking office.

This will likely face legal challenges based on the US Constitution and prior rulings that qualifications for federal offices cannot be more than those stated in the US Constitution (e.g., the US Term Limits decision of the US Supreme Court).

Here is the story from NBC News.

Comments

North Dakota Passes Candidate Age Restriction Constitutional Amendment — 46 Comments

  1. IMO, we can handle a few old fogies in Congress. It might be better if more of them took frequent naps, anyway.

    It’s in the White House where we need someone who is alert and in their prime.

    Ans, IMO, NEITHER Trump nor Biden are in their best years.

  2. Trump’s best years are yet to come, much unlike Biden the Beijing Quisling (BBQ).

  7. This should be ruled unconstitutional in court since the US Constitution sets forth the criteria for who can run for federal offices, not the states.

  9. All ballot access laws are subject to abuse (violation of the Constitution) by prior censorship of voter’s right to choose and should be abolished. If a voter thinks a person is too old to hold a federal office they can simply not vote for that candidate!

  10. No ballots, no ballot access problems. Elections don’t need ballots.

  11. Why did you take down the post of RFK jr facing lawsuits in New York?

    It seems the owner of this site is suppressing our free speech

    There were 69 comments and when I started sharing that it’s on Rfk jrs campaign manager Amarylis Fox’s X page as a well as Stefenie Spear that the FEC has indicated that they don’t recognize “presumptive nominee” and that CNN could be prosecuted for illegal campaign contributions if they excluded rfk jr from the debate

    An attack on our free speech

    The moderator deleted the article and thread with 69 comments

    Here’s a source from RFK Jr’s campaign manager Amarylis Fox

    https://x.com/amaryllisfox/status/180071891657202thus?

    Here’s a source from one RFK Jr’s press secretary Stefainie Spear

    https://x.com/StefanieSpear/status/1800606400651170138

  12. Why did you take down the post of RFK jr facing lawsuits in New York?

    It seems the owner of this site is suppressing our free speech

    There were 69 comments and when I started sharing that it’s on Rfk jrs campaign manager Amarylis Fox’s X page as a well as Stefenie Spear that the FEC has indicated that they don’t recognize “presumptive nominee” and that CNN could be prosecuted for illegal campaign contributions if they excluded rfk jr from the debate

    An attack on our free speech

    The moderator deleted the article and thread with 69 comments

    The American people are Watchinf you

  13. Was it a coincidence that the author’s name was changed from Richard Winger to Bill Redpath over the last 24 hours?

  15. Yeah that was pretty cowardly to delete the New York lawsuit article on RFK jr that had 69 comments

  18. Thanks for ‘re-posting” it Fat Checkers

    I hope that you aren’t connected to the DNC or the Biden administration

    I’m on alot of RFK jr FB groups and ever since people started posting about this FEC business with CNN and illegal campaign contributions that was released on multiple platforms yesterday

    Facebook started shadowbanning us right away after this news was posted

    In a democracy or constitutional republic how can this happen?

  19. I’m of two minds of this. We should have people who have a definite future and are of sound mind in office, but we have people suffering from dementia in their 40s and then we have people who can carry on to 120. The difference between Joe Biden and Donald Trump is staggering in this regard. Older congressmen usually have interns and assistants do a lot of work, so they aren’t slowed down. However, that also gives power to a lot of unaccountable ideological bureaucrats who drag their aging bosses around like a scarecrow. Feinstein was NOT okay in the head when she passed away. Cognitive tests would be better, but those can be nebulous and imprecise. Who would make the criteria and grading scale for those? You would think common sense would win out, but I think Feinstein VOTED on a bill the day or the day before she passed.

  20. Also, @Ashley and @Barry, Richard Winger and Bill Redpath are two different people. Both are Libertarians. Richard is 80 and Bill is 66. It says they are editors under the title of the Website. Richard is mostly retired now, he just works on this website. Also, I don’t think they censor many of the comments. I have tried making two comments in quick succession before because I remembered something I forgot to say in my first comment. The comment simply failed to post. I can’t remember if a link was involved, but some urls may just be blocked.

  21. I didn’t post or repost it. I posted a link. The article and comments are not and were not taken down. Fb groups frequently post and repost the same misinformation. Lmk when something is posted on the actual fec gov website.

    I have zero use for dnc or any other horrific abortion methods.

    Fb may be taking it down because it’s bullshit or because it’s true. Time will tell.

  22. It’s not blocked urls. The same exact urls post some of the time but not the rest. I have yet to detect a pattern as to how or why. It’s apparently automated spam protection of some sort.

  24. As I said when I emailed Richard yesterday (don’t have your email, Bill, and don’t know if Richard is on vacation or what) …. clearly unconstitutional.

  27. @Just Me

    Well, Richard is also 80. I don’t know if he ever talks about his health at all, but he may be sick or something. It is summer soon, though, so it’s either or…

  29. Yes, BAN comments are sometimes deleted (see https://ballot-access.org/2024/05/26/libertarian-party-fifth-ballot-presidential-nomination-vote/ ) – ironically IPRX seems far more keen to delete comments than BAN.
    No, BAN comments are not deleted often and people can get away with saying pretty much anything so long as they don’t include links.
    Yes, comments with links to domains that haven’t been whitelisted are often held in moderation and hidden until manually revealed, which can take anywhere from hours to days.

    Again, major kudos to the long-suffering Richard Winger – a man with whom I agree about very little – for still having the patience at his age, to put up with largely uncensored BAN comments the way he does.

  30. They are trying to trigger a court challenge. US Term Limits v. Thornton was decided by a 5-4 SCOTUS decision. Clarence Thomas in his dissent argued that under the 10th Amendment that the States reserved the right to set additional qualifications for their representatives in Congress. The majority opinion stated that since Congress is a creation of the Constitution, that prior to its adoption the States had no authority to choose representatives prior to that time.

    Three justices in the majority (in 1995), Justices Kennedy, Souter, and Breyer are still living, but have retired.

    The North Dakota amendment says that no one who would be 81 by the end of their term could be elected (or appointed) to Congress. If that were struck down, then no one who would be 81 by the end of their term could appear on an election ballot. And if that were struct down, then an annotation would appear on the ballot: “Candidate would be (e.g, 81) years old by end of term.”

    Ironically, since Congress has plenary power with regard to the manner of congressional elections, they could impose the same restrictions, making it illegal for older persons to be on the ballot, or requiring an annotation about their age.

    If any otherwise eligible candidate were prevented from running they would have standing for a legal challenge. IIUC, the amendment takes effect immediately, and it is possible for an independent candidate to qualify for the November 2024 general election ballot (1000 signatures 64 days before the election).

    The amendment requires the Attorney General to zealously defend all of its provisions, and in any state court case permits any North Dakota voter to join the case as a real party in interest.

  31. JR posted:

    “Ironically, since Congress has plenary power with regard to the manner of congressional elections, they could impose the same restrictions, making it illegal for older persons to be on the ballot, or requiring an annotation about their age.”

    This is an interesting point that many people don’t understand. Congress actually has a lot of power over its own elections. They could increase the total number of Representatives. They could abolish districts and have all Representatives elected at large, if they wanted. Theoretically, they could put age or term restrictions on their own members if they wanted, but, for some reason they don’t.

  32. https://www.detroitnews.com/story/news/world/2024/06/13/mileis-radical-overhaul-passes-argentinas-senate-protesters-clash-police/74082201007/

    Milei’s radical overhaul passes Argentina’s Senate as protesters clash with police
    Isabel Debre
    Associated Press
    Buenos Aires, Argentina — Argentina’s Senate narrowly approved President Javier Milei ’s sweeping proposals to slash state spending and boost his own powers on Thursday, handing the libertarian leader a much-needed first legislative victory even as opposition senators scrapped an income tax package and tweaked some contentious parts of the plan.
    —
    WILL ANY ILLEGAL INVADERS IN THE USA OR NOW COMING TO THE USA ILLEGALLY INVADE THE NEW ARGENTINA REGIME ???

  33. WZ – CONGRESS POWER OVER CONGRESS ELECTIONS DUE TO OLDE 1775-1783 CONGRESS FOLKS OFTEN DID NOT SHOW UP DURING AM REV WAR —

    DUE TO DELAYED STATE ELECTIONS/APPOINTMENTS — ESP BRIT ARMY/NAVY INVASIONS OF MANY STATES — ESP NJ AND PA FOR YEARS.

  34. I’ve never seen iprx censor or remove comments other than spam. They say they don’t. You may have had something snagged by akismet or be confusing iprx with ipr.

  35. I don’t think it has anything to do with whitelist. More than one link per comment is an automatic hold. That’s a setting in the back end. The same exact urls sometimes post no problem, sometimes cause a comment to not post. It seems random .

  37. SCOTUSBLOG 13 JUNE 2024
    The court unanimously holds in FDA v. Alliance for Hippocratic Medicine that the plaintiffs lack a legal right to challenge the FDA’s actions regarding the regulation of mifepristone, the drug used in over half of abortion in the United States.

    In Vidal v. Elster, the court holds that the Patent and Trademark Office did not violate Steve Elster’s First Amendment right when it refused to register the “Trump too small” mark.

    In a win for Starbucks, the court holds in Starbucks Corp. v. McKinney that the traditional four-factor test for a preliminary injunction governs requests by the National Labor Relations Board for a preliminary injunction while administrative enforcement proceedings against employers and labor unions for engaging in unfair trade practices are taking place.
    —
    MORE OPS ON FRI 14 JUNE 2024

    VIDAL TRADEMARK CASE HAVE EFFECT ON MICH LP FACTIONS MESS ???

  45. Ktvn Hawaii which is Island news,Newsnation as well as The Hill today have reported that the FEC says that presumptive nominee is not anywhere in the language accepted by the FEC amd that CNN keeping RFK jr out of the debate would be illegal

    I’m surprised it isn’t being reported here or on any mainstream media network

  46. It’s been reported here. But FEC only said presumptive nominee isn’t a legal category. The rest might be spin or dot connecting or legal theory or wishful thinking, or maybe I need to read slower.

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