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North Dakota voters will decide the fate of an initiated measure limiting the age of congressional members when they go to the polls June 11.
The measure creates a new article in the North Dakota Constitution that prohibits a person older than 80 from representing the state in the U.S. House of Representatives or Senate.
The measure states no person may be elected or appointed to serve a term or a portion of a term if that person could be 81 years old by Dec. 31 of the year before the end of the term.
Recent polling shows about 78% of voters support the measure, said Jared Hendrix, Fargo, chairman of the measure's sponsoring committee. He said that percentage is consistent with previous state and national polls on the issue.
"We don't ever want to take anything for granted," he said, "But we're in such a strong position."
Although there hasn't been organized opposition, Hendrix said voters may be taken aback with the fiscal note attached to the measure.
The fiscal note prepared by the Secretary of State estimated no fiscal impact to office. However, the Attorney General's office has estimated $1 million in potential litigation costs should the state need to defend the constitutionality.
The measure requires the Attorney General to defend it in any court action and allows any state voters to join in the defense as a party with interest in the case. It states if any provision is overturned by a court, other provisions would not be affected. If the measure language conflicts with any other provision in the constitution, it would take precedence.
Another section of the measure states if there is a law that overrides the age limitation, the age of any candidate who would be 81 before Dec. 31 of the year before the end of the term must be printed on the ballot next to that person's name.