Editorials: Age of candidacy laws should be abolished: Why 18 year olds should be able to run for public office. | Osita Nwanevu/Slate
In January, state Sen. Linda Lopez of Arizona retired after 13 years in the legislature. Before announcing her retirement, Lopez looked for a candidate to endorse to fill her vacancy. She soon settled on Daniel Hernandez, Jr., a friend and a board member of Tuscon’s Sunnyside Unified School District. He agreed and began gathering support to run for office. A win seemed likely. There was just one problem. Hernandez was 24. Arizona law requires legislators to be at least 25 years old. But Hernandez initially hoped he could run because he would turn 25 just 13 days after being sworn in. It wouldn’t have been unprecedented. Young federal and state legislators-to-be have found ways to work around age of candidacy laws for almost as long as the laws have existed. Back in 1806, antebellum statesman Henry Clay was appointed to the U.S. Senate at the age of 29 and reached the Senate’s age of eligibility, 30, more than three months after being sworn in. No one seemed to mind. Hernandez wasn’t so lucky. As he found out, Arizona state law requires candidates to sign an affidavit proving that they will be eligible for the office they seek on Election Day, barring him from running altogether. The law was clear: 24-year-old Hernandez was unqualified to serve in the state Senate this year. But a 25-year-old Hernandez would have been fine.