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House Research Department November 1993 Term Limits for Elective Office Page 8 Depending on the office, term limits could become law in Minnesota by constitutional amendment or statute. The method for adopting term limits in Minnesota depends on which elective offices are being covered. For constitutionally created offices' term limits would require passage of a constitutional amendment. For elective offices in local government units, the legislature may set term limits in statute. For federal elective offices there is a strong argument that a state cannot impose term limits. The issue remains open pending litigation in other states that have adopted term limits for members of Congress. A constitutional amendment is required to adopt term limits for constitutional offices because the state constitution sets the standards of eligibility to hold office and the particular qualifications for individual constitutional offices. Article VII, section 6, of the Minnesota Constitution allows every eligible voter, 21 or more years old, residing in the relevant district for 30 days prior to the election, to seek office. The only exceptions to the eligibility language are those "otherwise provided in this constitution, or the constitution and law of the United States." By the terms of this express language only a state constitutional amendment could change the eligibility requirements for seeking an office created by the Constitution.' Local government offices, in contrast, can be subject to statutory term limits. The Minnesota Constitution expressly authorizes the legislature to provide by law for the creation of local government units and the qualifications for local elective offices.* • 'Governor,Lieutenant Governor, Secretary of State,Attorney General,Treasurer,Representative, Senaror, Judge. 'Scheibel v.Pavlak, 282 N.W.2d 843 KIWI. 1979). `Minnesota Constitution, article XII, section 3. Ta S 3 I LIa Hint 3O 3liJV3Z * 176 °6t `L ®