Art. XVII §1A | QUALIFICATION FOR OFFICE; DUAL OFFICE HOLDING

Every qualified elector is eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. No person may hold two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public. The limitation above set forth “No person may hold two offices of honor or profit at the same time,” does not apply to the circuit judges of the State under the circumstances stated in this section, but whenever it appears that any or all of the Justices of the Supreme Court are disqualified or otherwise prevented from presiding in any cause for the reasons set forth in Section 6 of Article V of the Constitution, the Chief Justice or in his stead the Senior Associate Justice when available shall designate the requisite number of circuit judges for the hearing and determination of the hearing. The limitation above set forth does not prohibit any officeholder from being a delegate to a constitutional convention.

Editor's Notes

This section was originally Section 2 of Article II. It was transferred to its present location by amendment ratified by 1971 Act No 277 (1971 (57) 319) which effected the revision of that article. The present provisions of the first sentence of this section are identical to the second sentence of Section 1 of Article VI. The present provisions of the second and third sentence of this section are somewhat similar to Section 3 of Article VI.

Former Section 6 of Article V, referred to in this section, existed prior to the revision of that article by the amendment ratified by 1973 Act No 132 (1973 (58) 161). Similar provisions dealing with the disqualification of justices and judges are now found in Section 15 of Article V. For similar provisions in Constitution of 1868, see former Art XIV, Section 1.

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Art. XVII §1A | QUALIFICATION FOR OFFICE; DUAL OFFICE HOLDING

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Art. XVII §1A | QUALIFICATION FOR OFFICE; DUAL OFFICE HOLDING

Editor's Notes

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