Age of candidacy

From Wikipedia, the free encyclopedia

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 granted ballot access for an election.

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Many youth rights groups view age of candidacy requirements as unjustified age discrimination. 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 1956, Richard Fulton won election to the Tennessee State Senate. The Senate, however, refused to let Fulton assume office because he was only 29 years old at the time. The State Constitution required that Senators be at least 30 years old. Rather than hold a new election, the incumbent, Clifford Allen, was allowed to stay in office for another term. Fulton went on to win the next State Senate election in 1958 and was later elected to the US House of Representatives where he served for 10 years.

In 2004, Arrin Hawkins was the vice-presidential candidate of the Socialist Workers Party in the U.S. presidential election. Because she was younger than 35 years old, she was not able to receive ballot access in several states in which she otherwise qualified.

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 Congressperson 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 Congressperson from 21 to 18.

In Australia, a person must be 18 years of age or older may stand for election to public office at Federal, state or local government level.

In Austria, a person must be 19 years of age or older to stand in elections to the European Parliament or National Council. The Diets of regional Länder are able to set a minimum age lower than 19 for candidacy in elections to the Diet itself as well as to municipal councils in the Land.[1]

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. (See Sister Peggy Butts.)

In Denmark, any adult 18 years of age or older can become a candidate and be elected in any public election.

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).

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.

In the Netherlands, any adult 18 years of age or older can become a candidate and be elected in any public election.

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.

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.

The age of candidacy was reduced from 21 to 18 in England, Wales and Scotland on 1 January 2007,[2] when section 17 of the Electoral Administration Act 2006 entered into force. The reduction applies to elections to be held on or after 3 May 2007.[3]

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. Below are some examples of state public office age requirements in the U.S.:

Michigan

Governor: 30
State Senator: 21
State Representative: 21
Any county or local office: 18

New Jersey

Governor: 30
State Senator: 30
State Representative: 21
Any county or local office: 21

Oregon

Governor: 30
State Senator: 21
State Representative: 21

South Dakota

Governor: 21
Lieutenant Governor: 21
State Senator: 21
State Representative: 21
Public Utilities Commissioner: 25

Tennessee

Governor: 30
State Senator: 30
State Representative: 25

Texas

Governor 30.
State Senator: 26
State Representative: 21
Any county or local office: Usually 18

  1. ^ Bundes-Verfassungsgesetz - Federal Constitutional Law 1920, 1929 version. Retrieved on 3 February 2007.
  2. ^ The Electoral Administration Act 2006 (Commencement No. 2, Transitional and Savings Provisions) Order 2006, article 3 and Schedule 1(14)(d).
  3. ^ Ibid, article 6 and Schedule 2(1).

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