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Restrictions on Holding Concurrent Office

Dual Office Holding - Restrictions on State Legislators Concurrently Holding a Second Elected Office 

Updated December 2011

This table is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. 

Can a state legislator adequately balance all interests when holding a second elected office?

This practice is usually referred to as "dual office-holding." Dual office-holding is generally defined as the practice of holding two elected offices at the same time at the state or local levels, paid or unpaid. 

States generally have taken three main approaches in restricting state legislators from concurrently holding a second elective office.  The first approach, taken by all territories and 47 states categorically prohibits a legislator from holding another statewide elected office. (Indiana, West Virginia and Wyoming have some limited exceptions.)

Under the second approach, 25 of those 47 states and the three territories prohibit state legislators from holding any other elected office at the county or municipal level in addition to the state level. The states taking this second approach are: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Iowa, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Guam, Puerto Rico, and the U.S. Virgin Islands,

The third approach is followed by 18 states.  In those states a legislator may not hold a second state level elected office, but allow the legislator to hold a second county or municipal office if those offices are not "incompatible."  These states are California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Kansas, Massachusetts, Mississippi, New Hampshire, New York, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington and Wisconsin.

Further variations are in Georgia, Indiana, Maryland, Oregon and Virginia, where a legislator is allowed to hold a second elected county or municipal office only when the second office is not considered lucrative.  Generally, an office is considered lucrative when the office-holder receives compensation or remuneration beyond reimbursement for actual expenses incurred.

West Virginia adds another element by saying the second elected position cannot be lucrative or incompatible. Wyoming prohibits a state legislator from holding any other public elective office that receives any funding from the State of Wyoming.

The District of Columbia does not neatly fit into the above listed categories of restrictions on dual office holding because it is governed by a single legislature with no municipal or county governments.  However,  D.C. does prohibit a person from holding the office of member of the House of Delegates if he or she holds another public office that is considered to be lucrative.

In states that do not address the legitimacy of holding two elected offices at the same time by statute or constitution, the question is generally answered by the state's courts.  Most state courts base their ruling on the "doctrine of incompatibility of office" where the court compares the specifics of the two particular elected offices at issue, looks at the duties of the two offices, and decides if one of the offices is subordinate to the other or if there are inconsistencies between the duties of the two offices.  If so, the offices are "incompatible," and a legislator cannot hold both positions at the same time. 

This table answers the following question for each state and each territory:  Can a legislator simultaneously hold a second elected position at the state level? At the county level? At the municipal level?

AL| AK | AZ | AR | CA | CO | CT | DE | D.C.| FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY | GUAM | PUERTO RICO | USVI 

 

State Level

County and/or Municipal Level

Alabama

NO

No person holding an office of profit under the United States…shall, during his continuance in such office, hold any office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this state, except justices of the peace, constables, notaries public, and commissioner of deeds.

Ala. Const. Art. XVII § 280 ALRS 36-2-1(b)

Exception: constables.

NO

No person holding an office of profit under the United States…shall, during his continuance in such office, hold any office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this state, except justices of the peace, constables, notaries public, and commissioner of deeds.

Ala. Const. Art. XVII § 280

ALRS 36-2-1(b)

Alaska

NO

No legislator may hold any other office or position of profit under the United States or the State…This section shall not apply to employment by or election to a constitutional convention.

Ak. Const. Art. II § 5

ARS 24.05.040

Exception: constitutional convention delegates.

NO

 

No legislator may hold any other office or position of profit under the United States or the State…This section shall not apply to employment by or election to a constitutional convention.

Ak. Const. Art. II § 5

ARS 24.05.040

Arizona

NO

No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona, or any county or incorporated city or town thereof. This prohibition shall not extend to the office of school trustee, nor to employment as a teacher or instructor in the public school system.

Ariz. Const. Art. IV, Part 2 Section 5

NO

No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona, or any county or incorporated city or town thereof. This prohibition shall not extend to the office of school trustee, nor to employment as a teacher or instructor in the public school system.

Ariz. Const. Art. IV, Part 2 Section 5

Arkansas

NO

No Senator or Representative shall, during the term for which he shall have been elected, be appointed or elected to any civil office under this State.

Ark. Const. Art. V § 10

 

Note: "Any civil office under this State" in this section refers to an office created by civil law within one of the only three branches of government provided for under the present Constitution of this state.
 Harvey v. Ridgeway, 450 S.W.2d 281 (1970).

 

NO

No Senator or Representative shall, during the term for which he shall have been elected, be appointed or elected to any civil office under this State.

Ark. Const. Art. V § 10

Exception: Officers of public schools.

Note: "Any civil office under this State" in this section refers to an office created by civil law within one of the only three branches of government provided for under the present Constitution of this state.
Harvey v. Ridgeway, 450 S.W.2d 281 (1970).

California

NO

Notes: California has codified the common-law doctrine of incompatibility.

The California Attorney General has a web page in their online Ethics Orientation for State Officials that is available at: http://ag.ca.gov/ethics/accessible/
incompible.php

NOT IF THE TWO OFFICES ARE INCOMPATIBLE

A public officer… shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:

 (1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body.

 (2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.

 (3) Public policy considerations make it improper for one person to hold both offices.

Cal. Gov. Code § 1099(a)

 

Notes: California has codified the common-law doctrine of incompatibility.

The California Attorney General has a web page in their online Ethics Orientation for State Officials that is available at: http://ag.ca.gov/ethics/accessible/
incompible.php

Colorado

NO

No…person holding any office under the United States or this state, shall be a member of either house during his continuance in office.

Colo. Const. Art. 5 § 8

 

Exceptions: Militia officers & notaries public.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Note: There is no Colorado case law interpreting the second clause of Colo. Const. Art. 5 § 8, so it is unknown how a court would actually rule if a state legislator attempted to concurrently hold a county or municipal elected office.

 

Connecticut

NO

No person holding any office in the judicial or executive department of the state government…shall be a member of the general assembly during his continuance in such office.

Conn. Const. Art. 3  § 11

NOT APPLICABLE

No person holding any office in the…government of any county shall be a member of the general assembly during his continuance in such office.

Conn. Const. Art. 3  § 11

 

Note: Connecticut no longer has any county governments - all functions were transferred to municipal governments in 1960.

Delaware

NO

No…person holding any office under this State, or the United States, except officers usually appointed by the courts of justice respectively, attorneys-at-law and officers of the militia, holding no disqualifying office, shall during his or her continuance…in office be a Senator or Representative

Del. Const. Art. 2 § 14

Exceptions: Officers appointed by the courts of justice, attorneys-at-law, & officers of the militia.

NO

State legislator cannot hold a county-level elected office.

Note: The Delaware Public Integrity Commission provided this conclusion.

District of Columbia

NOT APPLICABLE

District of Columbia is not a state.

NO

No person shall hold the office of member of the House of Delegates, unless he or she holds no public office (other than his or her employment in and position as a member of the House of Delegates), for which he or she is compensated in an amount in excess of his or her actual expenses in connection therewith… A member of the House of Delegates shall forfeit his or her office upon failure to maintain the qualifications required by this section.

D.C. Const. Art. III Sec. 302(4)

 

Exceptions: Does not prohibit any person from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States other than a member serving on active duty under a call for more than 30 days.

Florida

NO

No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.

Flor. Const. Art. 2 § 5(a)

NO

No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.

Flor. Const. Art. 2 § 5(a)

Note: The state Supreme Court held in an advisory opinion that officeholders in special districts, such as a  community college board, are district officers, not state, county or municipal officers and therefore are not subject to the constitutional prohibition against dual office holding. In re Advisory Opinion to the Governor--Dual Office-Holding, 630 So. 2d 1055.

Georgia

NO

State legislator cannot hold another state-level elected office.

Ga. Const. Art. 3 § 2 Para. 4

State legislator can probably hold a county-level elected office, as long as his or her office does not receive any emolument or compensation from the state.

There is no statute or constitutional provision prohibiting a county officer from serving as a member of the General Assembly and, a solicitor of a city court created under a special Act of the General Assembly could not be a state officer within the meaning of this paragraph. However, if the holder of such office receives any emolument or compensation under said office from the state, it may be held to fall within this paragraph.

Ga. 1950-51 Op. Att'y Gen. p. 16

Hawaii

NO

No member of the legislature shall hold any other public office under the State.

Haw. Const. Art. 3 § 8

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

The term "office of the State of Hawaii" does not include offices purely local or municipal, but includes only such offices as were created for the purpose of carrying on the business of the state. Hollinger v. Kumalae, 25 Haw. 669 (Haw 1920).

Idaho

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

 

Note: The Idaho Attorney General issued an opinion that addresses the ramifications of a state legislator holding another elective office. It is available at: http://www2.state.id.us/ag/
ops_guide_cert/1991/g043091.pdf

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

State legislator is permitted to hold a county-level elected office as long as the two offices are not incompatible at common law.

Id. 4/30/91 Op. Att'y Gen

Note: The Idaho Attorney General issued an opinion that addresses the ramifications of a state legislator holding another elective office. It is available at: http://www2.state.id.us/ag/
ops_guide_cert/1991/g043091.pdf

Illinois

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly.

Ill. Const. Art. 4 § 2 (e)

Note: The Illinois Attorney General issued an opinion holding that the office of a state legislator is not incompatible with the office of a member of a community college board of trustees. The opinion discusses the doctrine of incompatibility of offices in detail. It is available at: http://www.illinoisattorneygeneral.gov/
opinions/1999/99-015.pdf

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

State legislator is permitted to hold a county-level elected office as long as the two offices are not incompatible at common law.

No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly.

Ill. Const. Art. 4 § 2 (e)

Note: The Illinois Attorney General issued an opinion holding that the office of a state legislator is not incompatible with the office of a member of a community college board of trustees. The opinion discusses the doctrine of incompatibility of offices in detail. It is available at: http://www.illinoisattorneygeneral.gov/
opinions/1999/99-015.pdf

Indiana

State legislator cannot hold another state-level elected office if the second office has been deemed lucrative by the attorney general.

No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time.

Ind. Const. Art. 2 § 9

Note: The Indiana Attorney General has prepared a dual office ">holding guide that is available on the internet

State legislator cannot hold a county-level elected office if the second office has been deemed lucrative by the attorney general.

No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time.

Ind. Const. Art. 2 § 9

Note: The Indiana Attorney General has prepared a dual office ">holding guide that is available on the internet.

Iowa

NO

Members of the general assembly shall not hold more than one elective office at a time.

Iowa Code § 39.11

NO

Members of the general assembly shall not hold more than one elective office at a time.

Iowa Code § 39.11

Kansas

NO

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW


State legislator is permitted to hold a county-level elected office as long as the two offices are not incompatible at common law.

Kentucky

NO

No person shall, at the same time, be a state officer, a deputy state officer, or a member of the General Assembly, and an officer of any county, city, consolidated local government, or other municipality, or an employee thereof.

KRS § 61.080 (1)

 

Notes: The Kentucky Attorney General has prepared a conflict of interest and dual office holding guide that is available on the internet.

 

NO

No person shall, at the same time, be a state officer, a deputy state officer, or a member of the General Assembly, and an officer of any county, city, consolidated local government, or other municipality, or an employee thereof.

KRS § 61.080 (1)

 

Notes: The Kentucky Attorney General has prepared a conflict of interest and dual office holding guide that is available on the internet.

Louisiana

NO

Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.

L.A.R.S. § 42:63(A)(1)

Note: The Louisiana Municipal Association has prepared a chart regarding dual office-holding that is available under the list of publications at: http://www.lma.org/

NO

Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.

L.A.R.S. § 42:63(A)(1)

 

Note: The Louisiana Municipal Association has prepared a chart regarding dual office-holding that is available  under the list of publications at: http://www.lma.org/

Maine

NO

No…person holding any office…of profit under this State…shall have a seat in either House while…continuing in such office.

Me. Const. Art. IV, Pt. 3, § 11

Exceptions: Justices of the peace, notaries public, coroners, and officers of the militia.

NO

No…person holding any office…of profit under this State…shall have a seat in either House while…continuing in such office.

Me. Const. Art. IV, Pt. 3, § 11

Exceptions: Justices of the peace, notaries public, coroners, and officers of the militia.

Maryland

State legislator cannot hold another state-level elected office if the second office is a civil office of profit or trust.

No person holding any civil office of profit, or trust, under this State shall be eligible as Senator or Delegate.

Md. Const. art. III § 11

State legislator cannot hold a county-level elected office if the second office is a civil office of profit or trust.

No person holding any civil office of profit, or trust, under this State shall be eligible as Senator or Delegate.

Md. Const. art. III § 11

Massachusetts

NO

A person shall not at the same time receive more than one salary from the treasury of the commonwealth.

ALM GL ch. 30, § 21

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

State legislator is permitted to hold a county-level elected office as long as the two offices are not incompatible at common law.

Note: Some of Massachusetts' counties do not have functioning governments - in those counties all of their functions have been transferred to the municipal level.

Michigan

NO

No person holding any office, employment or position under…this state or a political subdivision thereof…may be a member of either house of the legislature.

MCLS Const. Art. IV, § 8

Exceptions: Notaries public and members of the armed forces reserve.

NO

No person holding any office, employment or position under…this state or a political subdivision thereof…may be a member of either house of the legislature.

MCLS Const. Art. IV, § 8

Exceptions: Notaries public and members of the armed forces reserve.

Minnesota

NO

No senator or representative shall hold any other office under the authority of the United States or the state of Minnesota.

Minn. Const., Art. IV, § 5

Exceptions: Postmaster & notary public.

Note: The Minnesota House Research department has prepared a guide to compatibility of offices that is available here.

NO

Note: The Minnesota House Research department has prepared a guide to compatibility of offices that is available here.

Mississippi

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

No person holding or exercising the rights or powers of any office of honor or profit…shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this State.

Miss. Const. Ann. Art. 14, § 266

Exceptions: notaries, commissioners of deeds, and United States commissioners.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

No person holding or exercising the rights or powers of any office of honor or profit…shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this State.

Miss. Const. Ann. Art. 14, § 266

Missouri

NO

No person holding any lucrative office or employment under the United States, this state or any municipality thereof shall hold the office of senator or representative.

Mo. Const. Art. III, § 12

Exceptions: members of the organized militia, of the reserve corps and of school boards, and notaries public.

NO

No person holding any lucrative office or employment under the United States, this state or any municipality thereof shall hold the office of senator or representative.

Mo. Const. Art. III, § 12

Montana

NO

No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state; and no member of congress, or other person holding an office (except notary public, or the militia) under the United States or this state, shall be a member of the legislature during his continuance in office.

Mont. Const., Art. V § 9

NO.

No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state; and no member of congress, or other person holding an office (except notary public, or the militia) under the United States or this state, shall be a member of the legislature during his continuance in office.

Mont. Const., Art. V § 9

Nebraska

NO

No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the Legislature…Except as otherwise provided by law, a member of the Legislature who is elected to any other state or local office prior to the end of his or her term in the Legislature shall resign from the Legislature prior to the commencement of the legislative session during which the term of the state or local office will begin.

Ne. Const. Art. III, § 9

NO

No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the Legislature…Except as otherwise provided by law, a member of the Legislature who is elected to any other state or local office prior to the end of his or her term in the Legislature shall resign from the Legislature prior to the commencement of the legislative session during which the term of the state or local office will begin.

Ne. Const. Art. III, § 9

Nevada

NO

No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed Five Hundred dollars per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office.

Nev. Const. Art. IV, § 9

1. Except as otherwise provided in subsection 2, no person may:

   (a) File nomination papers for more than one elective office at any election.

   (b) Hold more than one elective office at the same time.

Nev. Rev. Stat. Ann. § 281.055

NO

No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed Five Hundred dollars per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office.

Nev. Const. Art. IV, § 9

1. Except as otherwise provided in subsection 2, no person may:

   (a) File nomination papers for more than one elective office at any election.

   (b) Hold more than one elective office at the same time.

Nev. Rev. Stat. Ann. § 281.055

New Hampshire

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

N.H. Const. Pt. SECOND, Art. 94

N.H. Const. Pt. SECOND, Art. 95

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

N.H. Const. Pt. SECOND, Art. 94

N.H. Const. Pt. SECOND, Art. 95

New Jersey

NO

No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State

N.J. Stat. § 19:3-5

(1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.

(2) It shall be lawful for a member of the Legislature of the

State to hold simultaneously any appointive office or position in county or municipal government.

N.J.S.40A:9-4

Note: Legislation does not affect legislators that already held multiple elected offices prior to the enactment of this legislation.

NO

No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State

N.J. Stat. § 19:3-5

 

(1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.

(2) It shall be lawful for a member of the Legislature of the

State to hold simultaneously any appointive office or position in county or municipal government.

N.J.S.40A:9-4

Note: Legislation does not affect legislators that already held multiple elected offices prior to the enactment of this legislation.

New Mexico

NO

No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments.

N.M. Const. art. IV, § 3(A)

NO

No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments.

N.M. Const. art. IV, § 3(A)

Exception: A legislator is not precluded by state law from serving as an elected local school board member because a school board member does not hold a state, county or national government office. 1991 Op. Att'y Gen. No. 1991-2. (Not available on the internet).

New York

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

Note: There are no constitutional or statutory provisions that directly address the legality of dual office-holding.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Note: There are no constitutional or statutory provisions that directly address the legality of dual office-holding.

North Carolina

NO

No person who holds any office or place of trust or profit under the United States or any department thereof, or under any other state or government, shall be eligible to hold any office in this State that is filled by election by the people. No person shall hold concurrently any two offices in this State that are filled by election of the people.

N.C. Const. art. VI, § 9(1)

 

Exceptions: Delegates to a Convention of the People.

NO

No person who holds any office or place of trust or profit under the United States or any department thereof, or under any other state or government, shall be eligible to hold any office in this State that is filled by election by the people. No person shall hold concurrently any two offices in this State that are filled by election of the people.

N.C. Const. art. VI, § 9(1)

 

G.S. 115D-12(a) specifies that no legislator may be appointed to a local board of trustees for a community college.

North Dakota

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

Note: There are no constitutional or statutory provisions that directly address the legality of dual office-holding.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Note: There are no constitutional or statutory provisions that directly address the legality of dual office-holding.

Ohio

NO

No member of the general assembly shall, during the term for which he was elected, unless during such term he resigns therefrom, hold any public office under the United States, or this state, or a political subdivision thereof; but this provision does not extend to officers of a political party, notaries public, or officers of the militia or of the United States armed forces.

Oh. Const. Art. II, § 4

Exception: Officers of a political party.

NO

No member of the general assembly shall, during the term for which he was elected, unless during such term he resigns therefrom, hold any public office under the United States, or this state, or a political subdivision thereof; but this provision does not extend to officers of a political party, notaries public, or officers of the militia or of the United States armed forces.

Oh. Const. Art. II, § 4

Exception: Officers of a political party.

Oklahoma

NO

No person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state.

51 Okl. St. § 6

Exceptions: See 51 Okl. St. § 6 for a list of when dual office-holding is allowed.

NO

No person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state.

51 Okl. St. § 6

Exceptions: See 51 Okl. St. § 6 for a list of when dual office-holding is allowed.

Oregon

NO

The powers of the Government shall be divided into three separate departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.

Ore. Const. Art. III, § 1

No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Dollars per annum, shall not be deemed lucrative.

Ore. Const. Art. II, § 10

A position is a "lucrative office" under this provision if (1) a salary or other compensation beyond expenses is attached to it; (2) it is created by statute or constitution; (3) its holder exercises part of the sovereign power of government; (4) in a matter of public concern; and (5) the position is not temporary or intermittent.

Morris v. Parks, 145 Or 481, 28 P2d 215 (1934);
Reising v. City of
Portland,
57 Or 295, 111 P 377 (1914).

State legislator cannot hold a county-level elected office if the second office is deemed a lucrative office.

The powers of the Government shall be divided into three separate departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.

Ore. Const. Art. III, § 1

No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Dollars per annum, shall not be deemed lucrative.

Ore. Const. Art. II, § 10

A position is a "lucrative office" under this provision if (1) a salary or other compensation beyond expenses is attached to it; (2) it is created by statute or constitution; (3) its holder exercises part of the sovereign power of government; (4) in a matter of public concern; and (5) the position is not temporary or intermittent.

Morris v. Parks, 145 Or 481, 28 P2d 215 (1934);
Reising v. City of
Portland,
57 Or 295, 111 P 377 (1914).

Pennsylvania

NO

No…person holding any office under the United States or this Commonwealth to which a salary, fee or perquisite is attached shall be a member of either House during his continuance in office.

Pa. Const. Art. 2, § 6

NO

No…person holding any office under the United States or this Commonwealth to which a salary, fee or perquisite is attached shall be a member of either House during his continuance in office.

Pa. Const. Art. 2, § 6

No district attorney shall be eligible to a seat in the legislature, or to any other office under the laws and constitution of the state, during his continuance in office.

65 Penn. Statutes § 7

Rhode Island

NO

No person holding any office under the government of the United States, or of any other state or country, shall act as a general officer or as a member of the general assembly, unless at the time of taking such engagement that person shall have resigned the office under such government; and if any general officer, senator, representative, or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take deposition or acknowledgment of deeds, or other legal instruments, by the authority of any other state or country.

   No senator or representative shall, during the time for which he or she was elected, be appointed to any state office, board, commission or other state or quasi-public entity exercising executive power under the laws of this state, and no person holding any executive office or serving as a member of any board, commission or other state or quasi-public entity exercising executive power under the laws of this state shall be a member of the senate or the house of representatives during his or her continuance in such office.

R.I. Const. Art. III, § 6

NOT APPLICABLE

Note: Rhode Island no longer has any functioning county governments - functions are all handled by municipal governments.

South Carolina

NO

No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power.

S.C. Const. Ann. Art. III, § 24

No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention.

S.C. Const. Ann. Art. VI, § 3

Exceptions:  Constables and delegates to a constitutional convention.

NO

No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power.

S.C. Const. Ann. Art. III, § 24

No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention.

S.C. Const. Ann. Art. VI, § 3

 

Exceptions:  Constables and delegates to a constitutional convention.

South Dakota

NO

No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature.

S.D. Const. Article III, § 3

See Attorney General Opinion No. 75-8 available at: http://atg.sd.gov/

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

See Attorney General Opinion No. 75-8 available at: http://atg.sd.gov/

Tennessee

NO

No Judge of any Court of law or equity, Secretary of State, Attorney General, Register, Clerk of any court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this State hold more than one lucrative office at the same time.

Tenn. Const. Art. II, § 26

Exceptions: Justices of the Peace

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

 

Note: A State Legislator may also hold a county lucrative office - only holding two State government offices is prohibited. Phillips v. West, 187 Tenn. 57, 213 S.W.2d 3 (Tenn. 1948).

Texas

NO

(a) No person shall hold or exercise at the same time, more than one civil office of emolument

(d) No member of the Legislature of this State may hold any other office or position of profit under this State, or the United States, except as a notary public if qualified by law.

Tex. Const. Art. XVI, § 40

Note: The Texas Attorney General has prepared a guide to dual office-holding that is available here.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Note: The Texas Attorney General has prepared a guide to dual office-holding that is available here.

Utah

NO

No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature.

Utah Const. Art. VI, § 6

(2) (a) …a person may not:

      (i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year.

Utah Code Ann. § 20A-9-201

NO

(2) (a) …a person may not:

      (i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year.

Utah Code Ann. § 20A-9-201

Vermont

NO

No person in this State shall be capable of holding or exercising more than one of the following offices at the same time: Governor, Lieutenant-Governor, Justice of the Supreme Court, Treasurer of the State, member of the Senate, member of the House of Representatives, Surveyor-General, or Sheriff.

V.S.A. Const. § 54

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Nothing herein shall be interpreted as limiting any person from holding a state or federal elective office at the same time he/she holds local office, provided such service does not interfere or conflict with the proper attendance at meetings and execution of the duties of the office.

24A V.S.A. § 149-23(6)(A)

Virginia

NO

No person holding a salaried office under the government of the Commonwealth, and no judge of any court, attorney for the Commonwealth, sheriff, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court shall be a member of either house of the General Assembly during his continuance in office; and his qualification as a member shall vacate any such office held by him.

Va. Const. Art. IV, § 4

State legislator cannot hold a county-level elected office if the second office is salaried.

No person holding a salaried office under the government of the Commonwealth, and no judge of any court, attorney for the Commonwealth, sheriff, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court shall be a member of either house of the General Assembly during his continuance in office; and his qualification as a member shall vacate any such office held by him.

Va. Const. Art. IV, § 4

Washington

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created during the term for which he was elected. Any member of the legislature who is

appointed or elected to any civil office in the state, the emoluments of which have been increased during his legislative term of office, shall be compensated for the initial term of the civil office at the level designated prior to the increase in emoluments.

Wash. Const. Art. II, § 13

West Virginia

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

No person holding any other lucrative office or employment under this State, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the legislature.

W. Va. Const. Art. VI, § 13

State legislator cannot hold a county-level elected office if the second office is deemed a lucrative office or if the two offices are incompatible at common law.

No person holding any other lucrative office or employment under this State, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the legislature.

W. Va. Const. Art. VI, § 13

Wisconsin

State legislator probably cannot hold another state-level elected office because of inherent incompatibility at the common-law.

Note: Wisconsin does not have constitutional or statutory provisions addressing a state legislator holding another office at the state, county, or municipal level, but it has follows the doctrine of incompatibility of offices - see 110 N.W. 431 (Wisc. 1907).

NOT IF THE TWO OFFICES ARE INCOMPATIBLE AT COMMON LAW

Note: Wisconsin does not have constitutional or statutory provisions addressing a state legislator holding another office at the state, county, or municipal level, but it has follows the doctrine of incompatibility of offices - see 110 N.W. 431 (Wisc. 1907).

Wyoming

No person may hold an elective public office in any governmental entity which either provides any funding for or receives any funding from another governmental entity in which that person holds elected public office. If a person also is elected to a public office while holding another public office such that this section is applicable, the person shall resign from the public office first held prior to assuming the new office.

Wyo. Stat. § 22-2-116

No person may hold an elective public office in any governmental entity which either provides any funding for or receives any funding from another governmental entity in which that person holds elected public office. If a person also is elected to a public office while holding another public office such that this section is applicable, the person shall resign from the public office first held prior to assuming the new office.

Wyo. Stat. § 22-2-116

Guam

No person who is a member of I Liheslaturan Guahan [Guam Legislature] may occupy a position requiring the advice and consent of I Liheslaturan Guahan.

3 GCA § 6104

(a) No person shall be eligible for more than one (1) office to be filled in the same election, and may not file notice of candidacy for more than one (1) office. The term "election" as used in this Section includes a general and a local election held on the same date so as to prohibit a person running for office in a local election and in a general election at the same time.

(b) No person shall be eligible for an office to be filled in an election if sixty (60) days prior to the primary he is holding another election office, the term of which will not expire on or prior to the date of commencement of the term of office for which he is running.

3 GCA § 6107

No person who is a member of I Liheslaturan Guahan [Guam Legislature] may occupy a position requiring the advice and consent of I Liheslaturan Guahan.

3 GCA § 6104

(a) No person shall be eligible for more than one (1) office to be filled in the same election, and may not file notice of candidacy for more than one (1) office. The term "election" as used in this Section includes a general and a local election held on the same date so as to prohibit a person running for office in a local election and in a general election at the same time.

(b) No person shall be eligible for an office to be filled in an election if sixty (60) days prior to the primary he is holding another election office, the term of which will not expire on or prior to the date of commencement of the term of office for which he is running.

3 GCA § 6107

Puerto Rico

NO

No person may hold office in the Government of Puerto Rico, its municipalities or instrumentalities and be a Senator or Representative at the same time.

L.P.R.A. Const. Art. III, § 15

NO

No person may hold office in the Government of Puerto Rico, its municipalities or instrumentalities and be a Senator or Representative at the same time.

L.P.R.A. Const. Art. III, § 15

U.S. Virgin Islands

NO

Federal employees and persons employed in the legislature, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

V.I.C. Rev. Org. Act of 1954 § 6(b)

NO

Federal employees and persons employed in the legislature, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

V.I.C. Rev. Org. Act of 1954 § 6(b)

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