Age of candidacy
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Age Requirement For Holding Office
This entry contains information applicable to United States law only.
The Framers of the Constitution of the United States as well as the drafters of constitutions for most of the individual states set a minimum age for a person to be eligible for elective office. As a result, voters may not always be able to evaluate and elect candidates for public office on whatever criteria they choose, or on no criteria at all.
With respect to the states, the minimum age required to serve as a house representative ranges from eighteen to twenty-five, with about half the states requiring a minimum age of twenty-one. Only about a third of the states allow eighteen-year-olds to serve in the state senate, and twenty have set a minimum age of twenty-five. In five states, the minimum age required to serve as a state senator is thirty.
For governor, most states require a minimum age of thirty. Oklahoma has a minimum age of thirty-one, six states have no age qualification, three allow a minimum age of eighteen, and six specify a minimum age of twenty-five.
Although many states, over the years, have voluntarily changed their age qualification laws to allow more people to run for elective office, court challenges to these statutes have largely failed. In 1971, the Supreme Court of the United States held that the Twenty-Sixth Amendment to the U.S. Constitution, which forbids the states to deny the vote to anyone eighteen years or older, had no effect on the constitutionality of age requirements for holding office. Those challenging age restrictions have argued that such laws deny people under the required age equal protection of the law. These challenges have not been successful. Courts have found that holding office is not a fundamental right that states may not restrict. They have determined that age is a reasonable basis of discrimination to ensure that those serving in government possess the necessary maturity, experience, and competence to perform as effective representatives.
The Framers of the U.S. Constitution set forth a number of reasons for requiring a minimum age for election to office, beliefs that are still held today. James Madison successfully argued that a minimum age of thirty should be required to serve in the U.S. Senate. He cited as his reason "the Senatorial trust," requiring a "stability of character" that could only be realized with age (Federalist No. 62). George Mason, of Virginia, suggested that twenty-five be set as the minimum age for the House of Representatives, a proposal that was adopted. He maintained that twenty-one-year-olds did not possess sufficient maturity to serve in the House, as their political beliefs were "too crude and erroneous to merit an influence on public opinions" (1 Records of the Federal Convention of 1787). James Wilson, a drafter from Pennsylvania, countered, unsuccessfully, that age requirements would "damp the effects of genius and of laudable ambition" and added that there was "no more reason for incapacitating youth than age" (1 Records of the Federal Convention of 1787). In the mid-1990s, the average member of Congress was in her or his middle fifties, but the number of younger members elected to serve was on the increase.
The Framers also considered the minimum age that should be required for individuals seeking the presidency of the United States, and settled on thirty-five — the highest age qualification for any office in the United States. John F. Kennedy, who became president at the age of forty-three, was the youngest person to be elected to that office.
Although the Framers of the U.S. Constitution and the individual states were careful to set minimum age requirements for office, upper age limits have not been established. President Ronald Reagan was the oldest individual to assume the office of president; he was almost seventy when he was sworn in, and served two terms before leaving office at nearly seventy-eight.
See: Constitution; Constitution of the United States; Discrimination.
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Age of candidacy
Age of candidacy is the minimum age at which a person can legally qualify to hold certain elected government offices. In many cases, it also determines the age at which a person may be eligible to stand for an election or be granted ballot access.
The first known example of a law enforcing age of candidacy was the Lex Villia Annalis, a Roman law enacted in 180 BCE which set the minimum ages for senatorial magistrates.[1]
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Controversies
Many youth rights groups view current age of candidacy requirements as unjustified age discrimination.[2] Occasionally people who are younger than the minimum age will run for an office in protest of the requirement or because they don't know that the requirement exists. On extremely rare occasions, young people have been elected to offices they do not qualify for and have been deemed ineligible to assume the office.
In 1934, Rush Holt of West Virginia was elected to the Senate of the United States at the age of 29. Since the U.S. Constitution requires senators to be at least 30, Holt was forced to wait until his 30th birthday, six months after the start of the session, before being sworn in.[3]
In 1954, Richard Fulton won election to the Tennessee Senate. Shortly after being sworn in, Fulton was ousted from office because he was only 27 years old at the time. The Tennessee State Constitution required that senators be at least 30.[4] Rather than hold a new election, the previous incumbent, Clifford Allen, was allowed to resume his office for another term. Fulton went on to win the next State Senate election in 1956 and was later elected to the US House of Representatives where he served for 10 years.
On several occasions, the Socialist Workers Party (USA) has nominated candidates too young to qualify for the offices they were running for. In 1972, Linda Jenness ran as the SWP presidential candidate, although she was only 31 at the time. Since the U.S. Constitution requires that the President and Vice President be at least 35 years old, Jenness was not able to receive ballot access in several states in which she otherwise qualified.[5] Despite this handicap, Jenness still received 83,380 votes.[6] In 2004, the SWP nominated Arrin Hawkins as the party's vice-presidential candidate, although she was only 28 at the time. Hawkins was also unable to receive ballot access in several states due to her age.[7]
Reform efforts
In the United States many groups have attempted to lower age of candidacy requirements in various states. In 1994, South Dakota voters rejected a ballot measure that would have lowered the age requirements to serve as a State Senator or State Congressman from 25 to 18. In 1998, however, they approved a similar ballot measure that reduced the age requirements for those offices from 25 to 21. In 2002, Oregon voters rejected a ballot measure that would have reduced the age requirement to serve as a State Congressman from 21 to 18.
During the early 2000s, the British Youth Council and other groups successfully campaigned to lower age of candidacy requirements in the United Kingdom.[8] The age of candidacy was reduced from 21 to 18 in England, Wales and Scotland on 1 January 2007,[9] when section 17 of the Electoral Administration Act 2006 entered into force.[10]
Age of candidacy in various countries
Australia
In Australia, any person 18 years of age or older may stand for election to public office at federal, state or local government level.
The youngest ever member of the House of Representatives was 20 year old Wyatt Roy elected in the 2010 federal election after the Electoral Act 1918 was amended to reduce the age of candidacy for that office from 21 to 18.
Austria
In Austria, a person must be 18 years of age or older to stand in elections to the European Parliament or National Council.[11] The Diets of regional Länder are able to set a minimum age lower than 18 for candidacy in elections to the Diet itself as well as to municipal councils in the Land.[12] In presidential elections the candidacy age is 35.
Canada
In Canada, any person 18 years of age or older may stand for election to public office. However, to be appointed to the Senate, one must be at least 30 years of age, must possess land worth at least $4,000 in the province for which he or she is appointed, and must own real and personal property worth at least $4,000, above his or her debts and liabilities. These restrictions were most recently enforced in 1997.
Chile
In Chile the minimum age required to be elected President of the Republic is 35 years on the day of the election. Before the 2005 reforms the requirement was 40 years, and from 1925 to 1981 it was 30 years. For senators it is 35 years (between 1981 and 2005 it was 40 years) and for deputies it is 21 years (between 1925 and 1970 it was 35 years).[13]
Cyprus
In Cyprus the minimum age to be elected president is 35 years.
Denmark
In Denmark, any adult 18 years of age or older can become a candidate and be elected in any public election.
Estonia
In Estonia, any citizen 18 years of age or older can be elected in local elections, and 21 years or older in parliamentary elections. Minimum age for the President of Estonia is 40.[14]
Germany
In Germany, any citizen 18 years of age or older can be elected in national, regional or local elections. Minimum age for the President of Germany is 40 by constitution.
Hong Kong
In Hong Kong a person must be at least 21 to be candidate in a district council or Legislative Council election. A person must be at least 40 to be candidate in the Chief Executive election, and also at least 40 to be candidate in the election for the President of the Legislative Council from among the members of the Legislative Council.
Indonesia
In Indonesia a person must be at least:
- 35 to be President or Vice President as specified in the Constitution of Indonesia
- 30 to be Governor or Lieutenant Governor, as specified in the 2004 Regional Government Act
- 25 to be Regent, Vice Regent, Mayor, or Deputy Mayor, as specified in the 2004 Regional Government Act
- 21 to be Senator or Representative in both national and local parliament, as specified in the 2008 Election Act
Italy
In Italy a person must be at least 50 to be President of the Republic, 40 to be a Senator, or 25 to be a Deputy, as specified in the 1947 Constitution of Italy. 18 years of age is sufficient, however, to be elected member of the Council of Regions, Provinces, and Municipalities (Communes).
Mexico
In Mexico a person must be at least 35 to be President, 35 to be a Senator, or 25 to be a Congressional Deputy, as specified in the 1917 Constitution of Mexico.
Netherlands
In the Netherlands, any adult 18 years of age or older can become a candidate and be elected in any public election.
Nigeria
In Nigeria, a person must be at least 40 years of age to be elected President or Vice President, 35 to be a Senator or State Governor, and 30 to be a Representative in parliament.
Turkey
In Turkey, a person must be at least 40 to be President. The age of candidacy for the Premiership is the same as the age for parliamentary eligibility. In 2006, a proposal was submitted by the ruling Justice and Development Party to reduce the age for parliamentary eligibility from 30 to 25. The Parliament approved the proposal on October 2006.
United Kingdom
In the UK (other than in Northern Ireland) a person must be aged 18 or over to stand in elections to all parliaments, assemblies, and councils at the European, UK, devolved, or local level. This age requirement also applies in elections to any individual elective public office; the main example is that of an elected mayor, whether of London or a local authority. There are no higher age requirements for particular positions in public office. Candidates are required to be aged 18 on both the day of nomination and the day of the poll. This was reduced from 21 by the Electoral Administration Act 2006.
United States
Main article: Age of candidacy laws in the United States
In the United States a person must be at least 35 to be President or Vice President, 30 to be a Senator, or 25 to be a Representative, as specified in the U.S. Constitution. Most states in the U.S. also have age requirements for the offices of Governor, State Senator, and State Representative. Some states have a minimum age requirement to hold any elected office (usually 21 or 18). Most states will not allow ballot access to people who do not meet the age requirement of the office they are running for.
Venezuela
In Venezuela a person must be at least 30 to be President or Vice President,[15] 21 to be a deputy for the National Assembly [16] and 25 to be the Governor of a state.[17]
See also
Notes and references
- ^ Broughton, Thomas; Marcia Patterson (1951). The Magistrates of the Roman Republic. American Philological Association. p. 388.
- ^ "BYC Youth Manifesto" (PDF). British Youth Council. 2008. http://www.byc.org.uk/asset_store/documents/amd5a_youth_manifesto_(annual_meeting_version).pdf. Retrieved 2008-07-28. "Young people believe that the age to stand as candidates for local, regional, national and European elections should be 16, as should the age to become a trustee of a charity. Young people have significant responsibilities to society at the age of 16 and can have significant responsibilities in the private sector as company directors; this inconsistency should be rectified. Young people have lots to offer and the decision of their appointment to positions of political authority or governance of organisations should be in the hands of the electorate or membership respectfully."
- ^ "Unsworn Senators". Time Magazine (January 14, 1935).
- ^ Battle, Dick; Tom Flake (January 5, 1955). "Senate Vote Ousts Fulton". Nashville Banner.
- ^ Freeman, Jo (2008). We Will Be Heard: Women's Struggles for Political Power in the United States. Rowman & Littlefield. p. 91. "Only 31, Linda Jenness did not meet the Constitutional age requirement to hold the office of President, but the SWP was on the ballot in 25 states — six more than in 1968."
- ^ "1972 Presidential General Election Results". Dave Leip's Atlas of U.S. Presidential Elections. http://uselectionatlas.org/RESULTS/national.php?year=1972&minper=0. Retrieved 2008-07-28.
- ^ "Presidency 2004". Politics1.com. Archived from the original on 2007-07-30. http://web.archive.org/web/20070730141140/http://www.politics1.com/swp04.htm. Retrieved 2007-10-16. "Since they weren't going to be elected anyways, the Socialist Workers Party didn't care that they nominated a ticket entirely ineligible to be elected. Why? Because Róger Calero is both foreign born and also not a US citizen; and Arrin Hawkins is too young. To avoid ballot access problems for the SWP, as the constitutional ineligibility may also render them unable to be listed on the ballot in some states, the 2000 SWP ticket of James Harris for President and Margaret Trowe for Vice President are being used in states that will not permit the Calero-Hawkins slate to be listed."
- ^ "How old is old enough?" (PDF) (Press release). British Youth Council. October 2003. http://www.byc.org.uk/downloads/Campaigns/HowOldIsOldEnough.pdf. Retrieved 2008-07-16. "BYC believes that at the age of 18 a person may hold elected office. A candidate’s breadth of life experience is something that can be evaluated by the electorate... BYC strongly believes that the age of voting should be lowered to 16 and candidacy age should be lowered to 18..."
- ^ The Electoral Administration Act 2006 (Commencement No. 2, Transitional and Savings Provisions) Order 2006, article 3 and Schedule 1(14)(d).
- ^ The Electoral Administration Act 2006 - Part 5, Section 17
- ^ 31/BNR (XXIII. GP) Bundes-Verfassungsgesetz, ss. 2 and 6, Republik Österreich Parlament (German). Retrieved on 1 July 2007.
- ^ Bundes-Verfassungsgesetz - Federal Constitutional Law 1920, 1929 version. Retrieved on 3 February 2007.
- ^ http://www.leychile.cl/
- ^ Constitution of the Republic of Estonia
- ^ Constitution of the Bolivarian Republic of Venezuela - Part 5, Chapter II, Article 227
- ^ Constitution of the Bolivarian Republic of Venezuela - Part 5, Chapter I, Article 188, Section 2
- ^ Constitution of the Bolivarian Republic of Venezuela - Part 4, Chapter III, Article 160
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