CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph III. Qualifications of members of General Assembly.

(a) At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.

(b) At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.

1976 Constitution.

- Art. III, Sec. II, Para. II; Art. III, Sec. III, Para. II.

Cross references.

- Disqualifications for office, Ga. Const. 1983, Art. II, Sec. II, Para. III; and Ga. Const. 1983, Art. III, Sec. II, Para. IV.

Persons ineligible to hold public office or act as election officials, § 21-2-8.

Eligibility requirements of candidates, §§ 21-2-132,21-2-153.

Restriction on number of offices for which an individual may be nominated or be a candidate at any one election, § 21-2-136.

Qualifications for Representatives, § 28-2-1.

Qualifications for Senators, § 28-2-2.

JUDICIAL DECISIONS

Enumerated qualifications not all inclusive.

- There is nothing in the Georgia Constitution which limits qualifications of a legislator to those expressed herein. These qualifications and disqualifications of legislators are not all inclusive. Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga.), rev'd on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).

OPINIONS OF THE ATTORNEY GENERAL

There is no conflict in being county attorney, and also holding office of State Representative. 1965-66 Op. Att'y Gen. No. 66-271.

Candidate on ballot in special congressional primary may not be permitted to run at same time in general election for position in Georgia General Assembly. 1982 Op. Att'y Gen. No. U82-30.

Residency requirement for representatives means at least one year immediately preceding election.

- The requirement in Ga. Const. 1983, Art. III, Sec. II, Para. III(b) that at the time of their election, the members of the House of Representatives shall have been legal residents of the territory embraced within the district from which elected for at least one year means for at least one year immediately preceding the election. 1989 Op. Att'y Gen. 89-31.

One-year residency requirement for Representatives must be met by date of election. 1981 Op. Att'y Gen. No. U81-28.

Waiver of durational residency requirement.

- There is no authority that would permit the waiver of the Constitution's durational residency requirement. 2001 Op. Att'y Gen. No. U2001-3.

Areas previously included in the district.

- Residency requirement for Representatives applies to candidate moving into district from area previously, but no longer, included in district. 1981 Op. Att'y Gen. No. U81-28.

Reapportionment does not alter residency requirement.

- Nothing in this paragraph provides an exception to the one-year residency requirement for Representatives due to reapportionment of the district. 1981 Op. Att'y Gen. No. U81-28.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 38 et seq., 57 et seq.

ALR.

- Nonregistration as affecting one's qualification to hold public office, 128 A.L.R. 1117.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 A.L.R.3d 1048.