Dual Office Holding - Restrictions on State Legislators Concurrently Holding a Second Elected Office
Updated December 2014
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.
"Dual office holding" refers to situations when a legislator simultaneously holds an elected or appointed position in addition to the legislative office. Dual office holding includes state-wide offices as well as county and municipal offices. All 50 states have constitutional and/or statutory provisions governing the propriety of dual office holding. These provisions vary from state to state ranging from permissive to prohibitive. Some states allow legislators to hold another state-wide office or a county/municipal office if the offices are compatible. Other states prohibit legislators from holding state-wide offices but allow legislators to hold county or municipal offices. Remaining states prohibit legislators from concurrently holding state-wide or county/municipal offices. Some of the state provisions below have been interpreted by court cases or attorney general opinions. Cites to cases and opinions are supplied where possible.