Five Utahns wanted to put the question as to whether there should be an age cut off for candidates running to represent the state in Washington alongside five congressional races on the ballot this November. But after they submitted paperwork for a ballot initiative to the lieutenant governor’s office, elections workers rejected it, saying it was “patently unconstitutional.”
And the Utah Supreme Court, ruling in Philips v. Henderson, agrees — U.S. Supreme Court precedent keeps state officials from allowing such a law to be considered, it ruled Thursday.
Under the 1995 decision in U.S. Term Limits, Inc. v. Thornton, a case weighing whether Arkansas could legally amend its constitution to limit the state’s federal elected officials to three terms, the court ruled that states can’t adopt qualifications for prospective members of Congress that are stricter than those in the U.S. Constitution.
“Although Thornton involved term limits rather than age limits, it broadly held that neither Congress nor the States could alter the qualifications for congressional service set forth in the United States Constitution,” the unanimous opinion written by Justice Diana Hagen read. “Because the Sponsors’ proposed law would impose an extra-constitutional qualification for congressional service, it is patently unconstitutional under Thornton.”
If it had been allowed to move forward, the “Citizens’ Initiative to Provide for Age Limits for Congressional Officials” would have barred anyone over 81 years old, or who would reach that age while in office, from running for a federal position in Utah.
A similar measure placed on the ballot in North Dakota passed earlier this month with broad support, with over 60% of voters approving it. While experts speculate that requirement is likely not legal under the Thornton decision, either, it’s unclear whether it might by challenged in court.
Such proposals have seen surging popularity in recent months, with older members of Congress like the late California Sen. Dianne Feinstein and Senate Majority Leader Mitch McConnell publicly experiencing health problems. Utah’s Sen. Orrin Hatch, who died at 88 years old in 2022, had retired from Congress just three years earlier.
A majority of Americans across the political spectrum support age limits for federal elected officials, Pew Research Center reported last fall. Among Republicans that support sits at 82%, and 76% of Democrats share that perspective.
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