QUALIFICATIONS OF MEMBERS


Section 6.  No person shall be eligible to serve as a member of the senate unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the senatorial district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent senator may move to a new district without being disqualified from completing the remainder of the incumbent senator's term.  No person shall be eligible to serve as a member of the house of representatives unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative's term. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am HB 1012 (2002) and election Nov 5, 2002]


Attorney General Opinions


  Eligibility of county supervisor for election to legislature.  Att. Gen. Op. 62-53.

  Legislation imposing six months residence in district for candidates being additional and different qualifications from that in the Constitution is violative thereof.  Att. Gen. Op. 65-10.

  Residency requirement is not in violation of the Federal Constitution.  Att. Gen. Op. 70-15.

  Legislature may require public officers to resign before seeking nomination or election to legislature.  Att. Gen. Op. 75-22.

  Eligibility of person living temporarily out-of-district.  Att. Gen. Op. 86-10.


Case Notes


  Qualifications stated must be met by the date of the general election.  52 H. 251, 473 P.2d 872.

  Residency requirement is not invalid under the federal constitution; "compelling state interest" test is not applicable.  52 H. 251, 473 P.2d 872.










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