Docs re Term Limits Amendment - Laserfiche WebLink

Home Browse Search

Clayton L. LeFevere - 2 April 14 , 1981 OPINION We answer your question in the neg"ative. Minnesota Constitution, Art. VII , Sec . 6, provides: Every person who by the provisions of this article is entitled to vote at any election and is 21 years of age is eligible for any office elective by the people in the district wherein he has resided 30 • • days previous to the election, except as otherwise provided in this constitution, or the constitution and law of the United States . By this provision, the Constitution guarantees the right of qualified voters to vote and defines eligibility to office. The legislature cannot change or add to the constitutional qualifications for public office. State ex rel . Nordin v. Erickson, 119 Minn. 152, 137 N.W. 385 (1912) . Article VII , Section 6 , applies to both constitutional and statutory offices . Hoffman v. Downs, 145 Minn. 465, 177 N.W. 699 (1920 ) . The provision applies to municipal offices under a city charter . State ex rel . Childs v. Holman, 58 Minn. 219, 59 N.W. 1006 (1894) ; Op. Atty. Gen. 64 , Feb . 10 , 1956 . As discussed recently in Paviak v . Growe, 284 N.W.2d 174, 176 (Minn. 1979) : • This constitutional provision forcefully presents an • important democractic principle--that all citizens meeting minimal , unchanging requirements are eligible for the elective positions that control their government . The opinions of this court applying Article VII, Section 6 , have consistently held that, as a guarantee of universal eligibility for public office , its standard may not be made more restrictive by legislative action unless expressly authorized by another constitutional provision .