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Restrictions on Holding Concurrent Office

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.

Dual Office Holding
 

State Level

County and/or Municipal Level

Alabama

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)

See state level provisions.

Alaska

No legislator may hold any other office or position of profit under the United States or the State. During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member. This section shall not prevent any person from seeking or holding the office of governor, secretary of state, or member of Congress. This section shall not apply to employment by or election to a constitutional convention.

Ak. Const. Art. II § 5
ARS 24.05.040

See state level provisions.

Arizona

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

See state level provisions.

Arkansas

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).

See state level provisions.

California

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)

See state level provisions.

 

Colorado

No senator or representative shall, while serving as such, be appointed to any civil office under this state; and no member of congress, or other person holding any office (except of attorney-at-law, notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office.

Colo. Const. Art. 5 § 8

See state level provisions.

 

Connecticut

No member of the general assembly shall, during the term for which he is elected, hold or accept any appointive position or office in the judicial or executive department of the state government, or in the courts of the political subdivisions of the state, or in the government of any county. No member of congress, no person holding any office under the authority of the United States and no person holding any office in the judicial or executive department of the state government or 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

See state level provisions.

Delaware

No Senator or Representative shall, during the time for which he or she shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time. No member of Congress, nor any 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

State legislator cannot hold a county-level elected office.

Note: The Delaware Public Integrity Commission provided this conclusion.

 

District of Columbia

NOT APPLICABLE

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)

Florida

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)

See state level provisions

 

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 person holding any civil appointment or office having any emolument annexed thereto under the United States, this state, or any other state shall have a seat in either house.

No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which such person shall have been elected unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.

Ga. Const. Art. 3 § 2 Para. 4

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 member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term. The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief.

Haw. Const. Art. 3 § 8

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

It shall be unlawful for any member of the legislature, during the term for which he was elected, to accept or receive, or for the governor, or other officials or board, to appoint such member of the legislature to, any office of trust, profit, honor or emolument, created by any law passed by the legislature of which he is a member. Any appointment made in violation of this section shall be null and void and without force and effect, and any attempt to exercise the powers of such office by such appointee shall be a usurpation, and the appointee shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars.

I.C. §59-102

State legislator is permitted to hold a county-level elected office as long as the two offices are not incompatible at 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://www.ag.idaho.gov/publications/op-guide-cert/1991/g043091.pdf

Illinois

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.

No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term.

Ill. Const. Art. 4 § 2 (e)

See state level provisions

 

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, and emphasizes the appropriation power of the legislature as the source of conflict for employment that receives compensation from the state. Available at: http://www.illinoisattorneygeneral.gov/
opinions/1999/99-015.pdf

Indiana

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

If the duties of a local city or county officer are purely municipal in nature and the officer has no duties to perform

under the laws of the state, such offices are not lucrative offices.

Platt v. Kirk , 44 Ind. 401 (Ind. 1873).

Iowa

No person holding any lucrative office under the United States, or this state, or any other power, shall be eligible to hold a seat in the general assembly; but offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmaster whose compensation does not exceed one hundred dollars per annum, or notary public, shall not be deemed lucrative.

I.C.A. Const. Art. 3, § 22

Statewide elected officials and members of the general assembly shall not hold more than one elective office at a time.  This section does not apply to the following offices:  county agricultural extension council or soil and water conservation district commission.   

Iowa Code § 39.11

A member of the general assembly cannot hold office of mayor of a city or town.

Op.Atty.Gen.1922, p. 360.

Kansas

No member of congress and no civil officer or employee of the United States or of any department, agency, or instrumentality thereof shall be eligible to be a member of the legislature. Any member of the legislature who accepts any appointment or election contrary to the foregoing shall be disqualified as a member of the legislature.

K.S.A. Const. Art. 2, § 5

The Supreme Court of Kansas has espoused a common law prohibition against holding incompatible positions.

Unified Sch. Dist. No. 501, Shawnee Cnty., Kan. v. Baker, 269 Kan. 239, 6 P.3d 848 (2000).

See state level provisions.

Kentucky

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.

Ky. Const. Section 165

KRS § 61.080 (1) 

See state level provisions.

Louisiana

No person holding an elective office in the government of this state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.

L.A.R.S. § 42:63(C)

See state level provisions.

 

 

Maine

No member of Congress, nor person holding any office under the United States (post officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either House while a member of Congress, or continuing in such office.

Me. Const. Art. IV, Pt. 3, § 11

See state level provisions.

Maryland

No person holding any civil office of profit, or trust, under this State shall be eligible as Senator or Delegate; however, a Senator or Delegate may be a nonelected law enforcement officer or a fire or rescue squad worker.

Md. Const. art. III § 11

No person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State… none-elected membership in the militia of this State, a law enforcement agency, a fire department or agency, or a rescue squad shall not be considered an office of profit within the meaning of this Article….

Md. Dec. of Rights  art. 35

Md. 82 Op. Att'y Gen. p. 126

Massachusetts

No judge of any court of this commonwealth (except the court of sessions) and no person holding any office under the authority of the United States (postmasters excepted) shall, at the same time, hold the office of governor, lieutenant governor, or councillor, or have a seat in the senate or house of representatives of this commonwealth . . . .

M.G.L.A. Const. Amend. Art. 8

If a member of the legislature also holds another state office, and elects to receive his salary as a member of the legislature, he cannot be paid any salary for the discharge of his other office, or if he elects to receive his salary pertaining to his other office, he may not be paid for his services as a member of the legislature.

Op.Atty.Gen., Dec. 31, 1935, p. 20.

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

M.G.L.A. 30 § 21

See state level provisions.

Michigan

No person holding any office, employment or position under this state or a political subdivision thereof, except notaries public and members of the armed forces reserve, may be a member of either house of the legislature.

MCLS Const. Art. IV, § 8

See state level provisions.

Minnesota

No senator or representative shall hold any other office under the authority of the United States or the state of Minnesota, except that of postmaster or of notary public.

Minn. Const., Art. IV, § 5

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

See state level provisions.

Mississippi

No Senator or Representative, during the term for which he was elected, shall be eligible to any office of profit which shall have been created, or the emoluments of which have been increased, during the time such senator or representative was in office, except to such offices as may be filled by an election of the people.

Miss. Const. , § 45

See state level provisions

“No violation would occur by virtue of the appointment of a sitting legislator to a position with the Worker's Compensation Commission if the salary of the position is reduced by legislative enactment to a level equal to or less than the salary level at the time the legislator took office.”

Op.Atty.Gen. No. 2012-00556, Wilson, December 7, 2012.

Missouri

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

See state level provisions.

Montana

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

See state level provisions.

Nebraska

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….

Ne. Const. Art. III, § 9

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 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

See state level provisions.

New Hampshire

No person shall be capable of exercising, at the same time more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justice of the peace excepted.

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

 

No person holding the office of judge of any court, (except special judges) secretary, treasurer of the state, attorney-general, register of deeds, sheriff, collectors of state and federal taxes, members of Congress or any person holding any office under the United States, including any person in active military service, shall at the same time hold the office of governor, or have a seat in the senate, or house of representatives, or council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, senate, or house of representatives, or council; and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or house of representatives.

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

See state level provisions.

New Jersey

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

New Mexico

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)

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.

New York

No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time. If a member of the legislature be elected to congress, or appointed to any office, civil or military, under the government of the United States, the state of New York, or under any city government except as a member of the national guard or naval militia of the state, or of the reserve forces of the United States, his or her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that a member of the legislature may be appointed commissioner of deeds or to any office in which he or she shall receive no compensation.

Const. Art. 3, § 7

See state level provisions.

North Carolina

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)

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

North Dakota

While serving in the legislative assembly, no member may hold any full-time appointive state office established by this constitution or designated by law. During the term for which selected, no member of the legislative assembly may be appointed to any full-time office that has been created by the legislative assembly. During the term for which elected, no member of the legislative assembly may be appointed to any full-time office for which the legislative assembly has increased  the compensation in an amount greater than the general rate of increase provided to full-time state employees.

N.D. Const. art. IV, § 6

See state level provisions.

Ohio

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

See state level provisions.

Oklahoma

No member of Congress from this State, or person holding any office of trust or profit under the laws of any other State, or of the United States, shall hold any office of trust or profit under the laws of this State; provided, neither the provisions of this section nor any other provisions of this Constitution or state law shall be construed to prohibit the following officeholders from holding at the same time any other office of trust or profit: 1. Officers and enlisted members of the National Guard; 2. Officers and enlisted members of the National Guard Reserve; 3. Officers of the Officers Reserve Corps of the United States; 4. Enlisted members of the Organized Reserves of the United States; and 5. Officers and enlisted members of the Oklahoma State Guard and any other active militia or military force organized under state law.

OK Const. Art. 2, § 12

No member of the Legislature shall, during the term for which he was elected, be appointed or elected to any office or commission in the State, which shall have been created, or the emoluments of which shall have been increased, during his term of office, nor shall any member receive any appointment from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected . . . .

OK Const. Art. 5, § 23

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

See state level provisions.

Oregon

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).

See state level provisions.

Pennsylvania

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under this Commonwealth to which a salary, fee of perquisite is attached.

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 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

See state level provisions.

South Carolina

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

See state level provisions.

South Dakota

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

Common law prohibition against holding incompatible positions.

Attorney General Opinion No. 75-8

See state level provisions.

Tennessee

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

A State Legislator may 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

(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

The Texas Attorney General guide to dual office holding states that “to hold “more than one civil office of emolument” means to hold two paid public offices.” Public office includes both municipal and county offices.

Utah

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: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.

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

See state level provisions.

Vermont

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

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 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

See state level provisions.

Washington

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

If any person after his election as a member of the legislature, shall be elected to congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat, provided, that officers in the militia of the state who receive no annual salary, local officers and postmasters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible.

Wash. Const. Art. II, § 14

West Virginia

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

See state level provisions.

Wisconsin

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

Wi. Const. Art. IV, § 12

A legislator may be elected to a constitutional or statutory state elective office even though the emoluments of the office were raised during his or her legislative term. If so elected, the legislator is limited by 13.04 (1) to the emoluments of the office prior to the increase. A legislator is not eligible, however, for appointment to an office created during his or her term or to an office the emoluments of which appointive office were raised during his or her legislative term.

63 Atty. Gen. 127.

Wisconsin follows the doctrine of incompatibility of offices.

State v. Jones, 130 Wis. 572, 110 N.W. 431 (1907)

Wyoming

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

Const. Art. 3, § 8

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

See state level provisions.

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 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 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

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)

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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