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Call Now: 904-383-7448(a) No person on active duty with any branch of the armed forces of the United States shall have a seat in either house unless otherwise provided by law.
(b) 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.
(c) 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.
- Art. III, Sec. V, Para. VII.
- Disqualification for office generally, Ga. Const. 1983, Art. II, Sec. II, Para. III.
Compensation and allowances provided by law, Ga. Const. 1983, Art. III, Sec. IV, Para. VI; and §§ 28-1-8 and45-7-4.
Other offices and compensation which are not allowed, §§ 16-10-9,28-1-13,45-7-3, and45-7-8.
Appointments and emoluments allowed, § 45-2-1.
Purpose of this paragraph is to prevent use of public office for private gains, or to hold two public offices. Rowe v. Tuck, 149 Ga. 88, 99 S.E. 303 (1919).
No one holding any state or federal office is eligible for a seat in either house. Bond v. Floyd, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).
Election of county officer to General Assembly will not work ouster of county office. McWilliams v. Neal, 130 Ga. 733, 61 S.E. 721 (1908).
- Since membership in the School Building Authority (now Education Authority (Schools)) is neither an office to which emoluments are annexed nor a civil office, the appointment of the Speaker of the House of Representatives as a member does not offend this paragraph. Sheffield v. State Sch. Bldg. Auth., 208 Ga. 575, 68 S.E.2d 590 (1952).
Cited in McLendon v. Everett, 205 Ga. 713, 55 S.E.2d 119 (1949); Greer v. State, 233 Ga. 667, 212 S.E.2d 836 (1975); In re Inquiry Concerning Judge No. 591, 250 Ga. 796, 300 S.E.2d 807 (1983).
Each House of General Assembly has exclusive original jurisdiction to determine qualifications of its members. 1975 Op. Att'y Gen. No. 75-109.
- Persons who hold a state office, except justices of the peace (now judge of the magistrate court) and officers of the militia, are ineligible to membership in the General Assembly; but if one, by reason of holding one of the offices not within the above exception, mentioned in this paragraph, at the time of the person's election as a member of the General Assembly, is rendered ineligible to membership in that body, the fact of the person's ineligibility would not work an ouster from the first office, but would only affect the person's right to take a seat as a member of the General Assembly. 1962 Op. Att'y Gen. p. 261.
Person holding another office may not have seat in General Assembly but no prohibition exists as to the person's election to General Assembly while holding such office. 1948-49 Op. Att'y Gen. p. 235.
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.
Former officer of United States Naval Reserve, retired with pay by reason of disability received in service, is eligible as member of General Assembly. 1948-49 Op. Att'y Gen. p. 234.
- 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. 1950-51 Op. Att'y Gen. p. 16.
Solicitor of city court would be eligible under this paragraph to hold seat in either house of General Assembly, subject to exceptions as to emolument from the state, and the provisions of Ga. Const. 1976, Art. III, Sec. V, Para. X (see now Ga. Const. 1983, Art. III, Sec. IV, Para. VII), and the other qualifications necessary to hold public office. 1950-51 Op. Att'y Gen. p. 16).
County commissioner can be member of General Assembly. 1954-56 Op. Att'y Gen. p. 384.
Member of General Assembly can hold office of justice of the peace (now judge of the magistrate court) while member of General Assembly. 1954-56 Op. Att'y Gen. p. 384.
Justice of the peace (now judge of the magistrate court), not being county official, is not barred from holding at same time office of county commissioner. 1962 Op. Att'y Gen. p. 53.
Those persons who are justices of the peace (now judge of the magistrate court) are also eligible to membership in the General Assembly; this does not violate the separation of powers doctrine. 1974 Op. Att'y Gen. No. U74-92.
Member of county board of human resources cannot, at same time, serve as member of General Assembly. 1962 Op. Att'y Gen. p. 260.
There is no prohibition against justice of the peace (now judge of the magistrate court) at same time holding membership on county Democratic executive committee. 1962 Op. Att'y Gen. p. 50.
Member of county board of education may serve as member of General Assembly. 1954-56 Op. Att'y Gen. p. 383; 1962 Op. Att'y Gen. p. 52.
There is no conflict in being county attorney, and also holding office of state Representative. 1965-66 Op. Att'y Gen. No. 66-271.
Being in employ of county school board would not make person ineligible to occupy a seat in General Assembly. 1968 Op. Att'y Gen. No. 68-169.
- The Georgia Education Authority is a corporate body and a distinct entity in and of itself; the members of said authority receive no emolument and such members do not hold an office within the meaning of this paragraph. 1950-51 Op. Att'y Gen. p. 441.
Clerk of superior court cannot lawfully serve as member of General Assembly. 1965-66 Op. Att'y Gen. No. 66-105.
- Membership on governing boards of public, nonmunicipal corporations, such as ports authority, are not civil offices within contemplation of this paragraph, though such members are clearly fiduciaries of public trust; further, there exists no basis for distinguishing between the term "civil office" as used in § 45-2-1 and as used in this paragraph. 1971 Op. Att'y Gen. No. 71-18.
Juvenile court judge cannot at same time be member of General Assembly. 1962 Op. Att'y Gen. p. 261.
A member of the General Assembly cannot serve simultaneously as a juvenile court judge. 1984 Op. Att'y Gen. No. U84-46.
- There is no per se conflict of interest if a member of the General Assembly also serves as either a city or county attorney, or performs contract work for a city or county within that legislator's district. 1984 Op. Att'y Gen. No. U84-34.
- The payment of taxes is not required of any candidate for a state office except that members of the General Assembly may not be seated if in default for taxes; whether candidates for county offices are eligible to run where they are behind with payment of taxes depends upon the office and the legislative Acts relating to that office or officer. 1954-56 Op. Att'y Gen. p. 311.
- 63C Am. Jur. 2d, Public Officers and Employees, § 57 et seq.
- 67 C.J.S., Officers and Public Employees, § 26 et seq.
- Physical or mental disability as disqualification or ground of removal or impeachment of public officer, 28 A.L.R. 777.
Time as of which eligibility or ineligibility to office is to be determined, 88 A.L.R. 812; 143 A.L.R. 1026.
One acting under authority of emergency or relief board or administration as civil officer within contemplation of constitutional provision against holding two or more offices at same time, 105 A.L.R. 1237.
Construction and application of constitutional or statutory provision that member of Congress or state legislature shall not, during term for which he is elected, be appointed or elected to any civil office which shall have been created or the emoluments of which shall have been increased during the term for which he was elected, 118 A.L.R. 182.
Incompatibility of offices or positions in the military and in the civil services, 147 A.L.R. 1419; 148 A.L.R. 1399; 150 A.L.R. 1444.