Idaho Code

Idaho Code § 59-102 (2026)

Legislators disqualified from holding certain offices.

✓ current as of May 2026

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Legislators disqualified from holding certain offices.

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.

Notes of Decisions

Cited in 1 case, 1967–1967 · leading case: Jordan v. Pearce, 429 P.2d 419 (Idaho 1967).

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Jordan v. Pearce, 429 P.2d 419 (Idaho 1967). · cites it 12× “In 1907 the legislature enacted what is now I.C. § 59-102, which prohibits members of the state legislature from being appointed to an office created when said legislator was holding legislative office, under penalty of being found guilty of a misdemeanor and subject to fine in…”

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