Age of candidacy
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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.
Many youth rights groups view current 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 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.
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. 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.
In South Carolina, two Senators aged 24 were elected, but were too young according to the State Constitution: Mike Laughlin in 1969 and Bryan Dorn (later a US Congressman) in 1941. They were seated anyway.
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. Despite this handicap, Jenness still received 83,380 votes. 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.
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 Representative 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 Representative 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. The age of candidacy was reduced from 21 to 18 in England, Wales and Scotland on 1 January 2007, when section 17 of the Electoral Administration Act 2006 entered into force.
Age of candidacy in various countries
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.
In Austria, a person must be 18 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 18 for candidacy in elections to the Diet itself as well as to municipal councils in the Land. In presidential elections the candidacy age is 35.
According to the Constitution of Belize, a person must be at least 18 years old to be elected as a member of the House of Representatives and must be at least 30 to be Speaker of the House. A person must be at least 18 years old to be appointed to the Senate and must be at least 30 to be President or Vice-President of the Senate. As only members of the House of Representatives are eligible to be appointed Prime Minister, the Prime Minister must be at least 18 years old. A person must also be at least 18 years old to be elected to a village council.
The Brazilian Constitution (Article 14, Section 3 (VI)) defines 35 years as the minimum age for someone to be elected President, Vice-President or Senator; 30 years for state Governor or Vice-Governor; 21 for Federal or State Deputy, Mayor or Vice-Mayor; and 18 for city Councilman.
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.
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).
In Cyprus the minimum age to be elected president is 35 years.
In Denmark, any adult 18 years of age or older can become a candidate and be elected in any public election.
In Germany, any citizen 18 years of age or older can be elected in national, regional or local elections. The only exception is the Landtag election in Hesse where a minimum age of 21 is required. Minimum age for the President of Germany is 40 by constitution.
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.
In India a person must be at least:
- 35 to be the President or Vice President, Governor and Lieutenant-Governor of the States as specified in the Constitution of India
- 30 to be a member of Rajya Sabha (the upper house of Parliament of India) and a Vidhan Parishad (the upper house of a State Legislature, in those states where the legislature is bicameral.)
- 25 to be the Prime Minister, Lok Sabha Speaker, Union Minister, Chief Minister, Vidhan Sabha Speaker, Minister in the State Governments. Additionally, to be a member of Lok Sabha (the lower house of Parliament of India) and a Vidhan Sabha (the lower house a State Legislature in the States of India.)
- 18 to be the Mayor, Chairman, Head and a Member (Members are variously called Corporators/Councillors/Ward Members according to the type of their respective local bodies) of a Nagar Nigam (Municipal Corporation), Nagar Palika (Municipal Council), Nagar Panchayat (Town Committee), Gram Sabha (Village Council) and Gram Panchayat (Village Committee) respectively.
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
In Israel one must be at least 21 to become a member of the Knesset (Basic Law: The Knesset section 6(a)) or a municipality. When the Prime Minister was directly elected, one must have been a member of the Knesset who is at least 30 to be a candidate for Prime Minister. Every Israeli Citizen (including minors) can be elected as President of Israel, but the role is mostly ceremonial and elected by the Parliament.
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 Iran a person must be at least 21 years old to run for president.
The 1937 Constitution of Ireland requires the President to be at least 35 and members of the Oireachtas (legislature) to be 21. Members of the European Parliament for Ireland must also be 21. Members of local authorities must be 18, reduced from 21 in 1973. The 1922–37 Constitution of the Irish Free State required TDs (members of the Dáil, lower house) to be 21, whereas Senators had to be 35 (reduced to 30 in 1928). The Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015 proposes to lower the presidential age limit to 21. However, this proposal was rejected by 73% of the voters.
In Japan a person must be at least:
- 25 to be the Member of parliament of the House of Representatives with Japanese nationality
- 30 to be the Member of parliament of the House of Councillors with Japanese nationality See also: House of Peers (Japan)
- 25 to be the Member of metropolitan, prefecture, city, town or village with valid vote rights
- 30 to be the Governor
- 25 to be the Mayor
In Malaysia, any citizen 21 years of age or older can become a candidate and be elected to the Dewan Rakyat and Dewan Undangan Negeri. Minimum age for the Senator is 30. As of 2015, Malaysia is not considering lowering the age of candidacy to 18.
However, since 2015, any citizen not less than 18 years of age and not older than 30 years of age can become a candidate and be elected to the Youth Parliament of Malaysia.
In the Netherlands, any adult 18 years of age or older can become a candidate and be elected in any public election.
In Norway, any adult can become a candidate and be elected in any public election, from the calendar year that he or she turns 18 years.
In Pakistan, a person must be at least 40 years old to be President.
- President and Vice President: 40
- Senator: 35
- Regional governor: 35
- Member of the House of Representatives: 25
- Provincial-level elected official: 23
- City-level elected official: 21
- Municipal-level elected official: 21
- Member of the regional legislative assembly: 21
- Barangay-level elected official: 18
- Member of youth councils: 15
- President: 35
- Senator: 30
- Mayor/Wójt: 25
- Poseł: 21
- Member of the European Parliament: 21
- Councillor: 18
Section 47, Clause 1 of the 1996 Constitution of South Africa states that "Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly", defaulting to Section 46 which "provides for a minimum voting age of 18 years" in National Assembly elections; Sections 106 and 105 provide the same for provincial legislatures.
The 1876 constitution set the age for parliamentary eligibility as 30. This remained unchanged until 13 October 2006, when it was lowered to 25 through a constitutional amendment. The ruling Justice and Development Party proposes to further reduce it to 18, same as the voting age.
In the UK (other than in Scotland) a person must be aged 18 or over (16 in Scotland) 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.
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).
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. Archived from the original (PDF) on 2009-03-06. 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.
- O'Brian, Jack (11 January 1969). "Senate To Have Ineligible Man". Spartanburg Herald. Spartanburg, SC. Retrieved 15 January 2015.
- 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. Retrieved 2008-07-28.
- "Presidency 2004". Politics1.com. Archived from the original on 2007-07-30. 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. Archived from the original (PDF) on 2007-10-11. 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 Archived July 2, 2008, at the Wayback Machine.
- 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 Archived February 13, 2007, at the Wayback Machine.. Retrieved on 3 February 2007.
- Laws of Belize, Volume II, Title VIII, Chapter 88, Part III. "Any person shall be eligible to be elected as a member of a council who: is a citizen of Belize; and has ordinarily resided in the village for at least one year immediately preceding the election; and is at least eighteen years old."
- Brazilian Constitution (in Portuguese)
- "Ley Chile - Biblioteca del Congreso Nacional". leychile.cl. Retrieved 2013-01-14.
- Constitution of the Republic of Estonia Archived April 13, 2009, at the Wayback Machine.
- Landtagswahlgesetz - LWG I. Allgemeines - § 4 Wählbarkeit. Retrieved 24 December 2014.
- Piven, Ben; Ben Willers (11 June 2013). "Infographic: Choosing Iran's next president". Al Jazeera English. Retrieved 12 June 2013.
- Constitution of Ireland Article 12.4.1° (President) Article 16.1.1° (Dáil Éireann), Article 18.2 (Seanad Éireann)
- "Children and rights in Ireland". p. Elections. Retrieved 8 May 2015.
- "European Parliament Elections Act, 1997, Section 11". Irish Statute Book. Retrieved 8 May 2015.
- "Electoral (Amendment) Act, 1973, Section 4". Irish Statute Book. Retrieved 8 May 2015.
- "Constitution of the Irish Free State (Saorstát Eireann) Act, 1922, Schedule 1". Irish Statute Book. pp. Article 14. Retrieved 8 May 2015.
- Constitution of the Irish Free State, Article 31; "Constitution (Amendment No. 8) Act, 1928, Section 1". Irish Statute Book. Retrieved 8 May 2015.
- "Referendum 2015: Home". Dublin: Referendum Commission. 2015. Archived from the original on 8 May 2015. Retrieved 8 May 2015.
- "公職選挙法". Ministry of Justice (Japan).
- 국가법령정보센터 - 공직선거법
- "Age of Candidacy Law & Legal Definition". USLegal.com. Retrieved 2012-11-07.
- 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