Age of candidacy

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Age of candidacy is the minimum age at which a person can legally 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]

Controversies[]

In 1972, Linda Jenness ran for president of the United States, although she was 31 at the time.

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 do not 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 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 U.S. House of Representatives where he served for 10 years.

In 1964 Congressman Jed Johnson Jr. of Oklahoma was elected to the 89th Congress in the 1964 election while still aged 24 years. However, he became eligible for the House after turning 25 on his birthday, 27 December 1964, seven days before his swearing in, making him the youngest legally elected and seated member of the United States Congress.[5]

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 U.S. congressman) in 1941. They were seated anyway.[6]

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 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.[7] Despite this handicap, Jenness still received 83,380 votes.[8] In 2004, the SWP nominated Arrin Hawkins as the party's vice-presidential candidate, although she was 28 at the time. Hawkins was also unable to receive ballot access in several states due to her age.[9]

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 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.[10] 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.[11] The age of candidacy was reduced from 21 to 18 in England, Wales and Scotland on 1 January 2007,[12] when section 17 of the Electoral Administration Act 2006 entered into force.[13]

International standards[]

International electoral standards which are defined in the International Public Human Rights Law, allow restricting candidacy on the basis of age. The interpretation of the International Covenant for Civil and Political Rights offered by the United Nations Human Rights Committee in the General Comment 25 states "Any conditions which apply to the exercise of the rights protected by article 25 (of the ICCPR) should be based on objective and reasonable criteria. For example, it may be reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote, which should be available to every adult citizen."[14]

In various countries[]

Australia[]

In Australia a person must be aged 18 or over to 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 (in 1973) to reduce the age of candidacy for that office from 21 to 18.[15]

Austria[]

In Austria, a person must be 18 years of age or older to stand in elections to the European Parliament or National Council.[16] The Diets of regional Länder are able to set a minimum age lower than 18 for to be in the polls in elections to the Diet itself as well as to municipal councils in the Land.[17] In presidential elections the candidacy age is 35.

Belgium[]

Any Belgian who has reached the age of 18 years can stand for election for the Chamber of Representatives, can become a member of the Senate, or can be elected in one of the regional parliaments.[18] This is regulated in the Constitution (Art. 64) and in the Special Law on the Reform of the Institutions.

Belize[]

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.[19]

Brazil[]

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.[20]

Canada[]

In Canada, to be eligible to run for elected office (municipal, provincial, federal) one must be a minimum of 18 years or older on the day of the election.[21]

However, to be appointed to the Senate (Upper House), one must be at least 30 years of age, must possess land worth at least $4,000 in the province for which they are appointed, and must own real and personal property worth at least $4,000, above their debts and liabilities.[22]

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).[23]

China[]

In China the minimum age to be elected as president or vice-president is 45.[24] All citizens who have reached the age of 18 have the right to vote and stand for election.[25]

Cyprus[]

In Cyprus the minimum age to be elected president is 35 years. The minimum age to run for the House of Representatives was 25 years until the Constitution was amended in 2019 to lower the limit to 21.[26]

Czech Republic[]

In the Czech Republic, a person must be at least 18 years old to be elected in local elections. A person must be at least 21 years old to be elected to the lower house of the Czech Parliament or to the European Parliament and 40 years old to be a member of the upper house (Senate) of the Parliament[27] or the President of the Czech Republic.

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. The minimum age for the President of Estonia is 40.[28]

France[]

In France, any citizen 18 years of age or older can be elected to the lower house of Parliament, and 24 years or older for the Senate. The minimum age for the President of France is 18.

Germany[]

In Germany a citizen shall be over 18 to be elected in national, like the Chancellor, regional or local elections and a person shall be over 40 years of age to be President.

Greece[]

In Greece, those aged 25 years old and over who hold Greek citizenship are eligible to stand and be elected to the Hellenic Parliament.[29]

Hong Kong[]

In Hong Kong a person must be at least 21 to be candidate in a district council or Legislative Council election.[30][31] 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.[32]

Iceland[]

For the office of President, any Icelandic citizen who has reached the age of 35 and fulfills the requirement necessary to vote in elections to the Althing is eligible to be elected president.[33]

India[]

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.)
  • 21 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.

Criticism has been on the rise to decrease the age of candidacy in India. Young India Foundation has been working on a campaign to decrease the age of candidacy in India for MPs and MLAs to better reflect the large young demographic of India.[34]

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

Israel[]

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 appointed as a Government Minister, or elected as President of Israel, but the latter role is mostly ceremonial and elected by the Parliament.

Italy[]

In Italy, a person must be at least 50 to be President of the Republic, 40 to be a Senator, and 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).

Iran[]

In Iran a person must be at least 21 years old to run for president.[35]

Iraq[]

The Iraqi constitution states that a person must be at least 40 years old to run for president[36] and 35 years old to be Prime Minister.[37] Until 2019, the electoral law set the age limit at 30 years old for candidates to run for the Council of Representatives.[38] However, the new Iraqi Council of Representatives Election Law (passed in 2019, yet to be enacted) lowered the age limit to 28.[39]

Ireland[]

The 1937 Constitution of Ireland requires the President to be at least 35 and members of the Oireachtas (legislature) to be 21.[40][41] Members of the European Parliament for Ireland must also be 21.[41][42] Members of local authorities must be 18, reduced from 21 in 1973.[41][43] The 1922–1937 Constitution of the Irish Free State required TDs (members of the Dáil, lower house) to be 21,[44] whereas Senators had to be 35 (reduced to 30 in 1928).[45] The Thirty-fifth Amendment of the Constitution Bill 2015 proposed to lower the presidential age limit to 21.[46] However, this proposal was rejected by 73% of the voters.

Japan[]

In Japan a person must be at least:[47]

  • 25 to be the Member of parliament of the House of Representatives with Japanese nationality, to be the Member of metropolitan, prefecture, city, town, or village with valid vote rights, or to be the Mayor
  • 30 to be the Governor, or to be the Member of parliament of the House of Councillors with Japanese nationality. See also House of Peers (Japan).

Malaysia[]

See also: Parliament of Malaysia

In Malaysia a citizen shall be over 21 years of age to become a candidate and be elected to the Dewan Rakyat and , and a person shall be over 30 to be the Senator by constitution.

Mexico[]

In Mexico, a person must be at least 35 to be president, 25 to be a Senator, or 21 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 elected in any public election. To be a candidate the person has to reach this age during the time for which the elections are held. Therefore, the minimum age to be a candidate is 14 years (plus or minus a few days, depending on the date of the next elections).

New Zealand[]

In New Zealand the minimum age to be Prime Minister of New Zealand is 18 years old. Citizens and permanent residents who are enrolled as an elector are eligible to be a candidate for election as a Member of Parliament.[citation needed]

Nigeria[]

In Nigeria, a person must be at least 35 years of age to be elected President or Vice President, 35 to be a Senator, 30 to be a State Governor, and 25 to be a Representative in parliament or Member of the States' House of Assembly.[48]

North Korea[]

In North Korea, any person eligible to vote in elections to the Supreme People's Assembly is also eligible to stand for candidacy. The age for both voting and candidacy is 17.[49]

Norway[]

In Norway, any adult can become a candidate and be elected in any public election, from the calendar year that he, she or they turn 18 years.

Palestine[]

Palestinian parliamentary candidates must be at least 28 years old, while the presidential candidates must be at least 40 years old.[50]

Pakistan[]

In Pakistan, a person must be at least 45 years old to be President. A person must be at least 25 years old to be a member of the provincial assembly or national assembly.[51]

Philippines[]

Ages of candidacy in the Philippines
Type of candidate Minimum age
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 18–24

Poland[]

Ages of candidacy in Poland
Type of candidate Minimum age
President 35
Senator 30
Mayor/Wójt 25
Member of the Parliament/Poseł 21
Member of the European Parliament 21
Councillor 18

Portugal[]

Ages of candidacy in Portugal
Type of candidate Minimum age References
President 35 [52]
Parliament 18 [53]

Russia[]

In Russia a person must be at least 35 to run for president.[54]

Singapore[]

In Singapore a person must be at least 45 years old to run for president.[55] 21 year-olds can stand in parliamentary elections.

South Africa[]

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.

South Korea[]

Ages of candidacy in South Korea
Type of candidate Minimum age
President 40
Member of the National Assembly 25
Mayor 25
Governor 25

[56]

Spain[]

Spain has two legislative chambers of Parliament, a lower house and an upper house. These are the Congress of Deputies (lower house) and the Senate of Spain (upper house) respectively. The minimum age requirement to stand and to be elected to either house is 18 years of age.[57]

Sweden[]

In Sweden, any citizen at least 18 years old, who resides, or who has resided in the realm can be elected to parliament.[58] Citizens of Sweden, the European Union, Norway or Iceland aged 18 and over may be elected to county or municipal council. Citizens of other countries may also be elected to council, provided they have resided in the realm for at least three years.[59]

Switzerland[]

In Switzerland, any citizen aged 18 or over can become a candidate and be elected in any federal election.

Taiwan[]

In the Republic of China (commonly known as Taiwan) the minimum age to be elected as president or vice-president is 40.

Turkey[]

The 1876 constitution set the age for parliamentary elections as 30. This remained unchanged until 13 October 2006, when it was lowered to 25 through a constitutional amendment. In 2017, it was further lowered to 18, the same as the voting age.[60]

United Kingdom[]

In the United Kingdom, a person must be aged 18 or over to stand in elections to all parliaments, assemblies, and councils within the 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 aged 35 or over to serve as president. To be a Senator, a person must be aged 30 or over. To be a Representative, a person must be aged 25 or older. This is 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.[61] Some states have a minimum age requirement to hold any elected office (usually 21 or 18).

Venezuela[]

In Venezuela, a person must be at least 30 to be President or Vice President,[62] 21 to be a deputy for the National Assembly[63] and 25 to be the Governor of a state.[64]

Comparison chart[]

Dashes indicate that the position or house does not exist in that particular country, such as countries that are unicameral.

Country President Vice President Prime Minister Upper house Lower house References
 Armenia 40 - 25 - 25 [65][66]
 Australia - - 18 18 18
 Austria 35 - 18 [16]
 Belgium - - 18 18 [67]
 Belize - - 18 18 18 [19]
 Brazil 35 35 - 35 21 [20]
 Canada - - 30 18
 Chile 35 35 21 [68]
 China 45 45
 Croatia 18 - 18 [69][70][71]
 Cyprus 35
 Czech Republic 40 40 21 [27]
 Denmark - - 18 - 18
 Estonia 40 - 21 [28]
 Finland 18 - 18 - 18 [72][73][74]
 France 18 24 18
 Georgia 40 18 25
 Germany 40 18 18 [75]
 Greece - 25 [76][29]
 Hong Kong - - - 21
 Iceland 35 - 18
 India 35 35 25 30 25
 Indonesia 35 35 21 21
 Israel 30 - 21
 Italy 50 40 25
 Iran 21 [35]
 Iraq 40 35 - 28 [36][37][77]
 Ireland 35 30 21 [40][41][42][43][45]
 Japan - - 30 25 [47]
 Kosovo 18 18 18 - 18 [78]
 Luxembourg - - - 18 [79]
 Malaysia - - 30 21
 Mexico 35 25 21
 Moldova 40
 Netherlands - - 18 18 18 [80]
 New Zealand - - 18
 Nigeria 35 35 30 25
 Norway - - 18 - 18
 Palestine 40 - - - 28
 Pakistan 40 25 25
 Philippines 40 40 35 25
 Poland 35 - 30 21
 Portugal 35 - 18 [81][82]
 Romania 40 33 23 [83][84][85][86]
 Russia 35 [54]
 Serbia - 18 [87]
 Singapore 45 - - 21
 South Africa 18
 South Korea 40 25 [56]
 Spain - - 18 18 [57]
 Sweden - - 18 - 18 [88]
  Switzerland 18
 Taiwan 40 40 - 23
 Thailand - - 35 40 25
 Turkey 40 18 18 [89]
 United Kingdom - - 18 21 18 [90]
 United States 35 35 - 30 25 [91]
 Uruguay - 30 25 [92][93]
 Venezuela 30 30 - 21

See also[]

Notes and references[]

  1. ^ Broughton, Thomas; Marcia Patterson (1951). The Magistrates of the Roman Republic. American Philological Association. p. 388.
  2. ^ "BYC Youth Manifesto" (PDF). British Youth Council. 2008. Archived from the original (PDF) on 6 March 2009. Retrieved 28 July 2008. 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.
  3. ^ "Unsworn Senators". Time (14 January 1935).
  4. ^ Battle, Dick; Tom Flake (5 January 1955). "Senate Vote Ousts Fulton". Nashville Banner.
  5. ^ "Biographical Directory of the U.S. Congress - Retro Member details". bioguideretro.congress.gov. Retrieved 25 June 2020.
  6. ^ O'Brian, Jack (11 January 1969). "Senate To Have Ineligible Man". Spartanburg Herald. Spartanburg, SC. Retrieved 15 January 2015.
  7. ^ 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.
  8. ^ "1972 Presidential General Election Results". Dave Leip's Atlas of U.S. Presidential Elections. Retrieved 28 July 2008.
  9. ^ "Presidency 2004". Politics1.com. Archived from the original on 30 July 2007. Retrieved 16 October 2007. 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.
  10. ^ "South Dakota Age Qualifications for Elected Officials, Amendment H (1998)". Ballotpedia. Retrieved 24 June 2019.
  11. ^ "How old is old enough?" (PDF) (Press release). British Youth Council. October 2003. Archived from the original (PDF) on 11 October 2007. Retrieved 16 July 2008. 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...
  12. ^ The Electoral Administration Act 2006 (Commencement No. 2, Transitional and Savings Provisions) Order 2006, article 3 and Schedule 1(14)(d).
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  19. ^ Jump up to: a b 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."
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  31. ^ District Councils Ordinance (Cap. 547) § 20(1)(a)
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  58. ^ Instrument of Government, section 3, 4 §.
  59. ^ SFS (2017:725)
  60. ^ "18 maddelik anayasa değişikliği teklifinin tam metni". Evrensel.net (in Turkish). 10 January 2017.
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  62. ^ Constitution of the Bolivarian Republic of Venezuela - Part 5, Chapter II, Article 227
  63. ^ Constitution of the Bolivarian Republic of Venezuela - Part 5, Chapter I, Article 188, Section 2
  64. ^ Constitution of the Bolivarian Republic of Venezuela - Part 4, Chapter III, Article 160
  65. ^ "National Assembly of the Republic of Armenia | Official Web Site | parliament.am". www.parliament.am. Retrieved 15 May 2018.
  66. ^ "Election Code of Armenia" (in Armenian).
  67. ^ Grondwet van België Articles 64 & 69.
  68. ^ "Ley Chile - Biblioteca del Congreso Nacional". leychile.cl. Retrieved 14 January 2013.
  69. ^ The Law on the Election of the President of the Republic of Croatia. Retrieved 7 January 2019.
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