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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]
The examples and perspective in this section may not represent a worldwide view of the subject.(August 2024) |
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 1872, Victoria Woodhull ran for President of the United States, although according to the Constitution she would have been too young to be President if elected. [3]
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. [4]
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. [5] 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 ever. [6]
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. [7]
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. [8] Despite this handicap, Jenness still received 83,380 votes. [9] 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. [10]
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. [11] 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. [12] The age of candidacy was reduced from 21 to 18 in England, Wales and Scotland on 1 January 2007, [13] when section 17 of the Electoral Administration Act 2006 entered into force. [14]
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." [15]
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. [16]
In Austria, a person must be 18 years of age or older to stand in elections to the European Parliament or National Council. [17] 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. [18] In presidential elections the candidacy age is 35.
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. [19] This is regulated in the Constitution (Art. 64) and in the Special Law on the Reform of the Institutions.
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. [20]
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 Council member. [21]
In Canada, the constitution does not outline any age requirements to run for elected office, simply stating "Every citizen of Canada has the right to vote in an election of the members of the House of Commons or of a legislative assembly and to be qualified for membership therein." [22] However under the current Elections Canada Act 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. [23] Prior to 1970, the age requirement was 21 along with the voting age.
To be appointed to the Senate (Upper House), one must be at least 30 years of age, under 75 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. [24]
In the province of Ontario, Sam Oosterhoff, a member of the Progressive Conservative Party of Ontario, was first elected at the age of 19 in a November 2016 by-election, the youngest Ontario MPP to ever be elected. [25]
Pierre-Luc Dusseault (born May 31, 1991) is a Canadian politician who was elected to the House of Commons of Canada in the 2011 federal election at the age of 19, becoming the youngest Member of Parliament in the country's history. He was sworn into office two days after his 20th birthday. He was re-elected in 2015 but lost his seat in the 2019 Canadian federal election. [26]
Article 36 of the 2016 Constitution of the Central African Republic requires that candidates for President must "be aged thirty-five (35) years at least [on] the day of the deposit of the dossier of the candidature". [27]
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). [28]
In China the minimum age to be elected as president or vice-president is 45. [29] All citizens who have reached the age of 18 have the right to vote and stand for election. [30]
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. [31]
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 [32] or the President of the Czech Republic.
In Denmark, any adult 18 years of age or older can become a candidate and be elected in any public election.
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. [33]
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.[ citation needed ]
In Germany a citizen must be 18 or over to be elected at the national level, like the Chancellor, and this age to be elected at the regional or local level. A person must be 40 or over to be President.
In Greece, those aged 25 years old and over who hold Greek citizenship are eligible to stand and be elected to the Hellenic Parliament. [34] All over 40 years old are eligible to stand for presidency.
In Hong Kong a person must be at least 21 to be candidate in a district council or Legislative Council election. [35] [36] 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. [37]
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. [38]
In India a person must be at least:
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. [39]
In Indonesia a person must be at least:
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.[ citation needed ] 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.[ citation needed ] 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.[ citation needed ]
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).
In Iran a person must be at least 21 years old to run for president. [40]
The Iraqi constitution states that a person must be at least 40 years old to run for president [41] and 35 years old to be prime minister. [42] Until 2019, the electoral law set the age limit at 30 years old for candidates to run for the Council of Representatives. [43] However, the new Iraqi Council of Representatives Election Law (passed in 2019, yet to be enacted) lowered the age limit to 28. [44]
The 1937 Constitution of Ireland requires the President to be at least 35 and members of the Oireachtas (legislature) to be 21. [45] [46] Members of the European Parliament for Ireland must also be 21. [46] [47] Members of local authorities must be 18, reduced from 21 in 1973. [46] [48] The 1922–1937 Constitution of the Irish Free State required TDs (members of the Dáil, lower house) to be 21, [49] whereas Senators had to be 35 (reduced to 30 in 1928). [50] At the 1987 general election, the High Court ruled that a candidate (Hugh Hall) was eligible who reached the minimum age after the date of nomination but before the date of election. [51] The Thirty-fifth Amendment of the Constitution Bill 2015 proposed to lower the presidential age limit to 21. [52] However, this proposal was rejected by 73% of the voters.
In Japan a person must be at least: [53]
In Lithuania a person must be at least:
In Luxembourg a person must be at least 18-years-old to stand as a candidate to be a member of the Chamber of Deputies, the country's unicameral national legislature. [54]
In Malaysia a citizen shall be over 18 years of age to become a candidate and be elected to the Dewan Rakyat and Dewan Undangan Negeri, and a person shall be over 30 to be the Senator by constitution.
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.
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.
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 ]
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. [55]
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. [56]
In Norway, any adult, aged 18 or over within the calendar year, can become a candidate and be elected in any public election.
Palestinian parliamentary candidates must be at least 28 years old, while the presidential candidates must be at least 40 years old. [57]
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. [58]
Type of candidate | Minimum age |
---|---|
President and Vice President | 40 |
Senator | 35 |
Member of the House of Representatives | 25 |
Member of the Bangsamoro Parliament | 25 |
Provincial-level elected official | 23 |
City-level elected official in Highly Urbanized Cities | 23 |
Mayor or Vice Mayor of all other cities or municipalities | 21 |
Member of Sangguniang Panlungsod or Sangguniang Bayan in all other cities or municipalities | 18 |
Barangay-level elected official (except for Sangguniang Kabataan) | 18 |
Member of Sangguniang Kabataan | 15 [note 1] |
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 |
Type of candidate | Minimum age | References |
---|---|---|
President | 35 | [62] |
Parliament | 18 | [63] |
In Russia a person must be at least 35 to run for president. [64]
In Singapore a person must be at least 45 years old to run for president. [65] 21 year-olds can stand in parliamentary elections.
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.
Type of candidate | Minimum age |
---|---|
President | 40 |
Member of Parliament, Member of Legislative Assembly, Councillor | 18 |
Mayor | 18 |
Governor | 18 |
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. [68]
In Sweden, any citizen at least 18 years old, who resides, or who has resided in the realm can be elected to parliament. [69] 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. [70]
In Switzerland, any citizen aged 18 or over can become a candidate and be elected in any federal election.
In the Republic of China (commonly known as Taiwan), the minimum age of candidacy is 23, unless otherwise specified in the Constitution or any relevant laws. [71] The Civil Servants Election and Recall Act specifies that candidates for township, city, and indigenous district chiefs must be at least 26, and candidates for municipality, county, and city governors must be at least 30. [72] The minimum age to be elected as president or vice-president is 40. [73]
The 14th Dalai Lama was enthroned at the age of 4, and none of his predecessors have been enthroned before age 4. The coming of age for the Dalai Lama is 18, when responsibilities are assumed.
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. [74] In presidential elections the candidacy age is 40.
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.
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. [75] Some states have a minimum age requirement to hold any elected office (usually 21 or 18).
In Venezuela, a person must be at least 30 to be President or Vice President, [76] 21 to be a deputy for the National Assembly [77] and 25 to be the Governor of a state. [78]
Dashes indicate that the position or house does not exist in that particular country, such as countries that are unicameral.
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
The president of Turkey, officially the president of the Republic of Türkiye, is the head of state and head of government of Turkey. The president directs the executive branch of the national government and is the commander-in-chief of the Turkish military. The president also heads the National Security Council.
The president of the Republic of Bulgaria is the head of state of Bulgaria and the commander-in-chief of the Bulgarian Army. The official residence of the president is at Boyana Residence, Sofia. After the completion of the second round of voting, candidate Rumen Radev was elected President of Bulgaria on 13 November 2016.
The president of the Republic of Singapore is the head of state of Singapore. The president represents the country in official diplomatic functions and possesses certain executive powers over the Government of Singapore, including the control of the national reserves and the ability to revoke and appoint public service appointments.
The president of Sri Lanka is the head of state and head of government of the Democratic Socialist Republic of Sri Lanka. The president is the chief executive of the union government and the commander-in-chief of the Sri Lanka Armed Forces. The powers, functions and duties of prior presidential offices, in addition to their relation with the Prime minister and Government of Sri Lanka, have over time differed with the various constitutional documents since the creation of the office. The president appoints the Prime Minister of Sri Lanka who can command the confidence of the Parliament of Sri Lanka.
The President of the Republic of Botswana is the head of state and the head of government of Botswana, as well as the commander-in-chief of the armed forces, according to the Constitution of Botswana. Sir Seretse Khama was the prime minister from 1965 to 1966, however he later became president of Botswana, and as of 2024 there have been no prime ministers since.
The president of the Republic of Sierra Leone is the head of state and the head of government of Sierra Leone, as well as the commander-in-chief of the Armed Forces.
Elections in Barbados are held to choose members to fill elective offices in the House of Assembly. Elections are held on Election Day. These general elections do not have fixed dates, but must be called within five years of the opening of parliament following the last election. A former minister of the DLP, Warwick Franklin summed up the general elections process in Barbados as saying it is really just, "30 by-elections on the same day."
Elections in Cameroon occur in a system of electoral autocracy, as the ruling party manipulates elections and represses political opposition.
All elections in the Czech Republic are based on the principle of universal suffrage. Any adult citizen who is at least 18 years old can vote, except those who have been stripped of their legal capacities by a court, usually on the basis of mental illness. Elected representatives are elected directly by the citizens without any intermediaries. Election laws are not part of the constitution, but – unlike regular laws – they cannot be changed without the consensus of both houses of the Parliament. The Czech Republic uses a two-round plurality voting system for the presidential and Senate elections and an open party-list proportional representation system for all other elections. The proportional representation system uses the Sainte-Laguë method for allocating seats.
The Parliament of Egypt is the bicameral legislature of the Arab Republic of Egypt. It is composed of an upper house and a lower house.
The House of Representatives of Antigua and Barbuda is the lower chamber of the country's bicameral parliament. Each of the constituencies created in accordance with section 62 of the Constitution shall elect one representative to the House in a direct election in accordance with the procedures specified by or pursuant to any law, subject to the rules of the Constitution. Unless he is prohibited by law from registration as a voter for the purpose of electing a member of the House, every Commonwealth citizen who is eighteen years of age or older and who meets the requirements relating to residence or domicile in Antigua and Barbuda as prescribed by Parliament is entitled to be registered as such a voter in accordance with the provisions of any law in that regard, and no other person may be registered. Every person who is registered to vote in any constituency shall, unless prohibited from doing so by any law, be entitled to vote in accordance with the provisions of any law in that regard in any election of members of the House in that constituency. Voting is free and must be done by secret ballot in accordance with any rules that Parliament may impose during House member elections.
This article delineates the age of candidacy laws of the federal government and individual states of the United States. The US has historically had minimum age requirements for many positions, ranging from President to local members of city council. While there is no maximum age limit or point of forced retirement—other countries like Canada enforce retirement ages on judges and senators—there are term limits in some cases, most notably a limit of 2 full terms for the President of the United States.
Ageism is a type of discrimination based on one's age, generally used to refer to age based discrimination against the elderly. The term was coined in 1969 by Robert Neil Butler to describe this discrimination, building on the terminology of sexism and racism. Butler defined ageism as a combination of three connected elements: negative attitudes towards old age and the ageing process, discriminatory practices against older people, and institutional practices and policies that perpetuate stereotypes about elderly people.
Presidential elections in Singapore, in which the President of Singapore is directly elected by a popular vote, were introduced after a constitutional amendment made in 1991. Potential candidates for office must meet stringent qualifications set out in the Constitution. Certificates of Eligibility are issued by the Presidential Elections Committee (PEC). In particular, the PEC must assess that they are persons of integrity, good character and reputation; and if they have not previously held certain key government appointments or were the chief executives of profitable companies with shareholders' equity of an average of S$500 million for the most recent three years in that office, they must demonstrate to the PEC that they held a position of comparable seniority and responsibility in the public or private sector that has given them experience and ability in administering and managing financial affairs.
In Botswana, a member of Parliament (MP) is an individual elected to serve in the National Assembly of the Parliament of Botswana.
Indirect presidential elections were held in Albania on 19, 20, 27 and 28 April 2017, the eighth such elections since the collapse of the communist regime in 1991. In the first through third round, no candidates were proposed and no vote took place in the Parliament of Albania. In the fourth round, the incumbent Chairperson and former Prime Minister of Albania, Ilir Meta was elected as the seventh President of Albania with 87 votes.
A natural-born-citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state, but there is no universally accepted meaning for the term natural-born. The constitutions of a number of countries contain such a clause but may define or interpret the term natural-born citizen differently. Many countries specify citizenship since birth as a requirement to hold certain offices. This is often described using the natural born phraseology and sometimes further qualified as requiring physical birth within the country's territory and/or requiring that one or both natural parents be a citizen of the country at the time of birth.
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.
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.
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.
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...