New York will be able to vote to change the state constitution to allow judges on the state Supreme Court or the Court of Appeals to retire at 80 years old in November’s general election. The current age is 70. The referendum is being opposed by some who say the new age limit would stifle a more diversified court if the age limit was increased.

The Senate voted 54-9 in favor of the referendum, with the Assembly voting 117-25 to let the voters decide. According to the New York State Trial Association, the current age limit was mandated in 1869, when the life expectancy was in the 40s. The New York State Trial Association is in favor of raising the age limit. The measure would allow judges the opportunity to be certified for continued service on the bench.