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Ga. Const. art. V, § III, ¶ II — Qualifications | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

Paragraph II. Qualifications.

(a) No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.

(b) No person shall be Attorney General unless such person shall have been an active-status member of the State Bar of Georgia for seven years.

1976 Constitution.

- Art. V, Sec. III, Para. IV; Art. VI, Sec. XIII, Para. I.

Cross references.

- Disabilities to holding office, Ga. Const. 1983, Art. II, Sec. II, Para. III; Ga. Const. 1983, Art. III, Sec. II, Para. IV; §§ 16-10-9,21-2-7, and21-2-8; Ch. 2, T. 45; and § 45-5-2.

Qualifications for specific offices, Commissioner of Agriculture, § 2-2-2; State School Superintendent, § 20-2-31; Commissioner of Labor, § 34-2-3.

Eligibility for single elective office only, § 21-2-136.

Editor's notes.

- The constitutional amendment (Ga. L. 1988, p. 2100, § 4) which would have revised subparagraph (a) to delete the reference to the State School Superintendent was defeated at the general election on November 8, 1988.

JUDICIAL DECISIONS

Age at time of election.

- The word "election" as it appears in this provision means the day votes are cast, not the day when they are finally tabulated and certified by the Secretary of State. Poythress v. Moses, 250 Ga. 452, 298 S.E.2d 480 (1983) (decided under Ga. Const. 1976, Art. VI, Sec. XIII, Para. I, relating to qualifications of Attorney General and other officials.)

RESEARCH REFERENCES

ALR.

- Time as of which eligibility or ineligibility to office is to be determined, 88 A.L.R. 812; 143 A.L.R. 1026.

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.

Validity of age requirement for state public office, 90 A.L.R.3d 900.