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North Dakota's new congressional age limits law could trigger a federal legal review

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North Dakota's new congressional age limits law could trigger a federal legal review


A newly passed North Dakota law could give the U.S. Supreme Court an opportunity to revisit restrictions on who can run for federal office, a legal expert says.

North Dakotans voted Tuesday, June 11 to make it illegal for anyone to be elected or appointed to represent the state in Congress if they’d turn 81 before the end of their term.

The measure passed with nearly 61% approval from voters, according to unofficial results from the North Dakota Secretary of State’s Office.

Despite the amendment’s clear popularity with North Dakota voters, officials are expecting it to trigger a legal battle. A committee of state legislators estimated in April that the measure would take roughly $1 million to defend in court if passed.

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Election worker Mariah Madsen hands over a blank ballot to a voter on Election Day at El Zagal Shrine in Fargo on Tuesday, June 11, 2024. A measure to create an upper age limit for the state’s Congressional delegation passed by just under 61% during last week’s primary.

Alyssa Goelzer / The Forum

State leaders have said the law may conflict with a U.S. Supreme Court ruling from 1995 that found states cannot restrict who can run for federal office.

Justices cited this same case — U.S. Term Limits v. Thornton — in March when they voted unanimously that states could not disqualify former President Trump from appearing on election ballots.

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If there is a lawsuit against North Dakota’s age limits measure, and it does make it to the Supreme Court, there’s no guarantee justices will continue to affirm that precedent. The high court could always decide to rethink its 1995 ruling, said Michael Thorning, director of the Bipartisan Policy Center’s Structural Democracy Project.

“The current court has demonstrated a willingness, I think, to review current precedent and overturn it,” Thorning said.

He pointed out only one current justice was on the bench back when the 1995 case was decided: Clarence Thomas.

Notably, Thomas was against the ruling. He authored a dissenting opinion joined by fellow conservatives Chief Justice William Rehnquist and Justice Antonin Scalia, as well as Justice Sandra Day O’Connor, a moderate.

“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” Thomas wrote in the opinion.

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Overall, it’s statistically unlikely that the Supreme Court will hear the case. The court takes up only a tiny fraction of cases they’re petitioned to review.

Jared Hendrix, who led the charge to get the measure on the ballot, said he would support the court overturning the 1995 ruling.

“I do believe the (Thornton) case was very flawed in its reasoning,” Hendrix said.

Hendrix has said the measure is a way for voters to ensure that congressional delegates are mentally and physically fit for the job, and that they are in touch with the needs of their constituents.

The measure is especially timely considering some of the nation’s most visible politicians are also some of its most aged, Hendrix has said.

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President Joe Biden, 81, and former President Donald Trump, 78, are the oldest and third-oldest American presidents ever, respectively. The current average age of Congress is also one of the oldest in the nation’s history, according to the Pew Research Center.

Hendrix has disputed lawmakers’ estimate that the measure could cost the state $1 million in legal fees, calling the figure “inflated.”

In order for the Supreme Court to weigh in on the law, someone would first have to sue the state over the measure.

Not just anyone would have standing to bring such a case. To have the right to fight a law in court, plaintiffs generally have to prove the law harms them in some way.

One example might be a candidate who is barred from seeking office under the policy, Thorning said.

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None of North Dakota’s current D.C. delegation — or anyone in the state currently seeking election to Congress — is near age 81. The state’s oldest member of Congress, U.S. Sen. John Hoeven, is 67.

The 1995 Supreme Court case, which struck down an Arkansas congressional term limits law, stemmed from lawsuits originally filed by a private citizen, the League of Women Voters and a U.S. representative.

What would happen if the Supreme Court overturned the 1995 term limits case? States would have much greater authority to gatekeep who could run for federal office, Thorning said. This wouldn’t be limited to age.

“Would it be allowable, then, for the state, for instance, to say that members of Congress can only be elected from certain counties within their state, or certain cities, or only ones that have met certain educational qualifications?” he asked.

States would still have to comply with the 14th Amendment, he noted, which would prevent states from barring someone from running for Congress based on race or gender, for instance.

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What if the Supreme Court declines to take the case, or upholds its 1995 ruling?

Congress could vote to amend the U.S. Constitution to set a nationwide age limit on elected officials.

Hypothetically, state legislatures could also bypass Congress by passing resolutions calling for the amendment to be adopted through a constitutional convention. According to U.S. Term Limits’ website, some states have already passed such resolutions. They would need a total of 34 in order to trigger a convention. There’s only ever been one U.S. Constitutional Convention, which took place in 1787.

This story was originally published on NorthDakotaMonitor.com

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This story was written by one of our partner news agencies. Forum Communications Company uses content from agencies such as Reuters, Kaiser Health News, Tribune News Service and others to provide a wider range of news to our readers. Learn more about the news services FCC uses here.





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North Dakota tourism sites get $4M after music fest declines funds

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North Dakota tourism sites get M after music fest declines funds


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  • North Dakota has awarded $4 million in tourism grants, with $1.5 million going to a ranch.
  • The Black Leg Ranch will use the funds to build a market and eatery, add guest cabins and develop RV sites.
  • This grant money became available after a music festival declined its previously awarded funds.

An agricultural tourism site has been awarded $1.5 million for a planned expansion, part of $4 million in tourism grants announced by the North Dakota Department of Commerce.

The $1.5 million is for the Black Leg Market and Eatery at Sterling, east of Bismarck, which will be part of Black Leg Ranch. The ranch raises cattle and bison and sells meat. It also has a wedding venue, lodging, hunting and a brewery.

The project involves building the Market and Eatery, adding guest cabins and developing full-service RV sites.

The money for the $4 million in the latest round of grants became available after Country Fest, a Morton County music festival, declined the grant money after it decided not to make major changes to the event. 

The Department of Commerce opened a new round of Destination Development Grant applications after Country Fest declined. 

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Other North Dakota grant recipients include:

  • Johnny’s Landing – Casselton, $870,000: To develop a lodging and wellness destination with 14 full hookup RV sites, 12 wellness-focused heritage cabins converted from granaries and grain bins, renovated farmhouse lodging, preserved barn space for agritourism and a conversion of a historic wooden water tower into a sauna. 
  • Great Northern Event Center – Williston, $550,000:To refurbish a historic Main Street property, turning the underground portion of the building into a lounge and other upgrades.
  • The Prairie Experience at The Bins – Lakota, $500,000:For construction of the Bins Coffee and Spirits café, developing three grain bin lodging units and other amenities.
  • Icelandic Rootshús – Mountain,$300,000: The Icelandic Rootshús is a permanent interpretive center, a welcoming place where this work can be experienced in person through learning, studying, and gathering. 

A full list of grant recipients is available on the Department of Commerce website.

North Dakota Monitor is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.



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Fire burns at Pallet Green Recycling storage yard in rural Williston

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Fire burns at Pallet Green Recycling storage yard in rural Williston


WILLISTON, N.D. (KFYR) – UPDATE (5/10/2026 at 11:45 p.m.): A fire broke out at a Williston recycling business Sunday evening, and no one was injured.

Multiple crews responded to Pallet Green Recycling just before 8:30 p.m., according to the Williston Fire Department. Crews arrived at the scene where they fought heavy smoke and flames.

Industrial storage containers were on scene, and officials say it is unclear what, if any, chemical residue was inside them. Officials believe there is no danger to the public.

Williston Fire Chief Corey Johnson said the fire was contained to the business’s exterior storage yard, and crews were not concerned about it spreading beyond the property.

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“Right now, the structures are protected in the area. We’re not concerned about the fire spreading off of the lot,” Johnson said.

Multiple departments from across Williams County responded, and extra water trucks were brought in due to the fire’s remote location.

The cause remains under investigation.

This is a developing story. Your News Leader will provide updates as more information becomes available.

ORIGINAL STORY (5/10/2026 at 9:39 p.m.): Crews responded to a large fire at a storage yard in rural Williston on Sunday night.

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The fire is located at Pallet Green Recycling, according to the business owner.

Sylvia Luebke captured video of the scene from a distance around 8 p.m. The fire sent a large plume of smoke over the area. Luebke said it was still burning as of around 9 p.m.

Williston Rural Fire is working to battle the fire. The department was unable to comment at this time.

The cause of the fire is unknown.

Copyright 2026 KFYR. All rights reserved.

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ND Guard officer in charge of DC special mission

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ND Guard officer in charge of DC special mission


Submitted Photo
U.S. soldiers with the Nebraska and North Dakota National Guards, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, pose for a group photo at a hotel in Alexandria, Virginia, April 28. N.D. National Guard 2nd Lt. Caleb Hill, front row, far left, served as the officer in charge of the mission when soldiers assigned to JTF-DC responded to the shooting incident at the White House Correspondents’ Association dinner April 25. About 2,500 National Guard members are supporting the DC Safe and Beautiful mission, providing critical assistance to the Metropolitan Police Department to help ensure the safety of residents, commuters and visitors throughout the District. U.S. Army National Guard photo by Staff Sgt. Thomas Norris.

WASHINGTON – U.S. soldiers with the North Dakota, Arkansas and Nebraska Army National Guard, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, responded to a shooting incident at the White House Correspondents’ Association dinner (WHCAD) at the Washington Hilton in Northwest Washington April 25.

The Guardsmen were at the WHCAD at the request of the U.S. Secret Service (USSS) as an additional patrol unit created specifically for the event, which celebrates the contribution of news organizations and independent journalists alike who provide notable coverage relating to the presidential administration.

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“Our mission was to assist the U.S. Secret Service with crowd control,” said Capt. Kevin Peatrowsky, an operations officer with the Nebraska National Guard (NENG) assigned to JTF-DC.

As the Guardsmen were monitoring their area of operations, they saw USSS agents sprint toward the hotel entrance.

“They were running full speed with their weapons drawn,” said Sgt. 1st. Class Allen Haney, a team member with the Arkansas National Guard. “We immediately followed suit.”

Staff Sgt. Kirsten Confer, a NENG combat medic and battle captain, recalled her response to the incident: “We fell back on our basic training. You run toward danger and move in a way that makes sense for the situation.”

According to Confer, the Guardsmen entered the hotel and immediately began securing the scene and ensured that the guests evacuated safely. At the direction of a federal agent, Confer began a rapid trauma assessment on the suspect which resulted in finding knives and ammunition on the shooter. Simultaneously, the Arkansas soldiers moved outside to provide crowd control at a pedestrian barricade outside the hotel.

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“From there, we assisted wherever we could,” said 2nd Lt. Caleb Hill, a National Guardsman from North Dakota who served as the officer in charge for the mission. “We were initially helping with crowd control. After that, we realized that the USSS had begun rerouting everyone in the hotel, so we moved to the doors. We were controlling entry into the venue, so we had moved a couple more people outside, so we had five inside, eight outside.” Both Arkansas and Nebraska worked well alongside one another and, alongside the federal agencies. Hill also noted that relying on his soldiers allowed him to move to different teams, which helped allow him to plan and coordinate with different agencies.

According to 1st Lt. Jonathan Goins, a platoon leader with the Arkansas National Guard, Arkansas soldiers also helped establish a security perimeter for the staging of the presidential motorcade. Later, the team assisted federal agencies and MPD with crowd control, which helped clear the way for the president and administration officials, he said.

“Guardsmen on this mission represent the very best of the nation,” said U.S. Army Brig. Gen. Leland Blanchard II, the interim commanding general of the District of Columbia National Guard. “The world got a brief glimpse, but I see them each day serving and doing amazing things across the District.”



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