Alabama Federal office holders may not hold a state office, and state officials may not hold two offices at once. Exception for justices of the peace, constables, notaries public, and the commissioner of deeds. AL Const. Art. 17, § 280 & Ala. Code § 36-2-1.

Alaska No legislator may hold any other office or position of profit under the United States or the State. AK Const. Art. 2, § 5 & Alaska Stat. Ann. § 24.05.040.

Arizona No member of the legislature shall be eligible to hold any other office or be otherwise employed by the state of Arizona or any county or incorporated city or town thereof. Excludes office of school trustee and employment as a teacher or instructor in the public school system. AZ Const. Art. 4 Pt. 2 § 5.

Arkansas No Senator or Representative shall, during the term for which he shall have been elected, be appointed or elected to any civil office under this State. AR Const. Art. 5, § 10. "Any civil office under this State" refers to an office created by civil law within one of the three branches of government. Harvey v. Ridgeway, 450 S.W.2d 281 (1970).

California A public officer shall not simultaneously hold two public offices that are incompatible. Offices are incompatible, unless simultaneous holding of the particular offices is compelled or expressly authorized by law, if: either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body; Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices; Public policy considerations make it improper for one person to hold both offices. Cal. Gov't Code § 1099.

Colorado No senator or representative shall, while serving as such, be appointed to any civil office under this state; and no member of congress, or other person holding any office (except of attorney-at-law, notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office. CO Const. Art. 5, § 8.

Connecticut No member of the general assembly shall, during the term for which he is elected, hold or accept any appointive position or office in the judicial or executive department of the state government, or in the courts of the political subdivisions of the state, or in the government of any county. No member of congress, no person holding any office under the authority of the United States and no person holding any office in the judicial or executive department of the state government or in the government of any county shall be a member of the general assembly during his continuance in such office. CT Const. Art. 3, § 11.

Delaware No Senator or Representative shall, during the time for which he or she shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time. No member of Congress, nor any person holding any office under this State, or the United States, except officers usually appointed by the courts of justice respectively, attorneys-at-law and officers of the militia, holding no disqualifying office, shall during his or her continuance in Congress or in office be a Senator or Representative; nor shall any person while concerned in any army or navy contract be a Senator or Representative. DE Const., Art. 2, § 14.

District of Columbia No person shall hold the office of member of the Council, including the Office of Chairman, unless he... holds no public office (other than his employment in and position as a member of the Council), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while a member of the Council, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. DC Code § 1-204.02.

Florida No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers. FL Const. Art. 2 § 5.

Georgia 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. 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. 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. GA Const. Art. 3, § 2, ¶ IV.

Guam No Officer or employee of the government of Guam may be employed on a full-time, part-time or contractual basis or hold an appointment to more than 1 position in the classified or unclassified service in any department or agency or by more than 1 department, agency or branch of the government of Guam at any time. Exceptions: (1) persons serving as part-time teachers, part-time school health counselors and University of Guam instructors for the Guam Community College, and instructors for the University of Guam who may be employed during the summer and at any other time not in conflict with their primary employment if they are employed elsewhere in the government of Guam as their primary employer; (2) persons employed by the Youth Congress; (3) persons employed on a part-time basis by boards or commissions; (4) persons employed as nurses, physicians, and as ancillary/allied health professionals in the government of Guam; (5) attorneys engaging in the active practice of law, or part-time judges or part-time court referees; (6) persons employed on a part-time or contractual basis who are individual and family counselors or chemical dependency specialists; or (7) any employee of the government of Guam whose primary employment is not in any of the agencies or professions listed herein, but has training and experience to qualify to be employed in the professions listed herein, may be employed in secondary jobs in such professions within the government of Guam; provided, that such secondary job is not in conflict with that person's primary job and there are no other qualified applicants not within the employ of the government of Guam. 4 G.C.A. § 6504.1.

Hawaii No member of the legislature shall hold any other public office under the State. Excludes notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief. HI Const. Art. 3, § 8. Also excludes municipal offices. Hollinger v. Kumalae, 25 Haw. 669 (Haw 1920).

Idaho 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. Idaho Code Ann. § 59-102.

Illinois No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. IL Const. Art. 4, § 2.

Indiana No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative. IN Const. Art. 2, § 9. A “lucrative office” is an office to which there is attached a compensation for services rendered. Thompson v. Hays, 867 N.E.2d 654 (App. 2007).

Iowa "No person holding any lucrative office under the United States, or this state, or any other power, shall be eligible to hold a seat in the general assembly; but offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmaster whose compensation does not exceed $100 per annum, or notary public, shall not be deemed lucrative. IA Const. Art. 3, § 22. Statewide elected officials and members of the general assembly shall not hold more than one elective office at a time. All other elected officials shall not hold more than one elective office at the same level of government at a time. This section does not apply to the following offices: county agricultural extension council or soil and water conservation district commission. Iowa Code Ann. § 39.11."

Kansas No member of congress and no civil officer or employee of the United States or of any department, agency, or instrumentality thereof shall be eligible to be a member of the legislature. KS Const. Art. 2, § 5.

Kentucky No person shall, at the same time, be a State officer or a deputy officer or member of the General Assembly, and an officer of any county, city, town, or other municipality, or an employee thereof; and no person shall, at the same time, fill two municipal offices, either in the same or different municipalities, except as may be otherwise provided in this Constitution; but a Notary Public, or an officer of the militia, shall not be ineligible to hold any other office mentioned in this section. Ky. Const. § 165.

Louisiana No person holding an elective office in the government of this state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof. La. Stat. Ann. § 42:63.

Maine No member of Congress, nor person holding any office under the United States (post officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either House while a member of Congress, or continuing in such office. ME Const. Art. 4, Pt. 3, § 11.

Maryland No person holding any civil office of profit, or trust, under this State shall be eligible as Senator or Delegate; however, a Senator or Delegate may be a nonelected law enforcement officer or a fire or rescue squad worker. Md. Const. art. 3, § 11.

Massachusetts No judge of any court of this commonwealth (except the court of sessions) and no person holding any office under the authority of the United States (postmasters excepted) shall, at the same time, hold the office of governor, lieutenant governor, or councilor, or have a seat in the senate or house of representatives of this commonwealth; and no judge of any court in this commonwealth (except the court of sessions) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff, treasurer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust by any of the officers aforesaid shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted. MA. Const. Art. 8.

Michigan No person holding any office, employment or position under the United States or this state or a political subdivision thereof, except notaries public and members of the armed forces reserve, may be a member of either house of the legislature. MI Const. Art. 4, § 8.

Minnesota No senator or representative shall hold any other office under the authority of the United States or the state of Minnesota, except that of postmaster or of notary public. If elected or appointed to another office, a legislator may resign from the legislature by tendering his resignation to the governor. Minn. Const. art. 4, § 5.

Mississippi No Senator or Representative shall be eligible to any office of profit which shall have been created, or the emoluments of which have been increased, during the time such senator or representative was in office, except to such offices as may be filled by an election of the people. MS Const. Art. 4, § 45.

Missouri No person holding any lucrative office or employment under the United States, this state or any municipality thereof shall hold the office of senator or representative. During the term for which he was elected no senator or representative shall accept any appointive office or employment under this state which is created or the emoluments of which are increased during such term. This section shall not apply to members of the organized militia, of the reserve corps and of school boards, and notaries public. MO Const. Art. 3, § 12.

Montana No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state; and no member of congress, or other person holding an office (except notary public, or the militia) under the United States or this state, shall be a member of the legislature during his continuance in office. MT Const. art. 5, § 9.

Nebraska No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the Legislature. No person elected or appointed to the Legislature shall receive any civil appointment to a state office while holding membership in the Legislature or while the Legislature is in session, and all such appointments shall be void. NE Const. Art. 3, § 9.

Nevada "No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed $500 per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office. NV Const. Art. 4, § 9. No person may file nomination papers for more than one elective office at any election or hold more than one elective office at the same time. Exception: elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the State, or any political subdivision or municipal corporation thereof. Nev. Rev. Stat. Ann. § 281.055."

New Hampshire "No person shall be capable of exercising, at the same time, more than one of the following offices within this state: judge of probate, sheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justice of the peace excepted. NH Const. Pt. 2, Art. 94. No person holding the office of judge of any court, (except special judges) secretary, treasurer of the state, attorney general, register of deeds, sheriff, collectors of state and federal taxes, members of Congress or any person holding any office under the United States, including any person in active military service, shall at the same time hold the office of governor, or have a seat in the senate, or house of representatives, or council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, senate, or house of representatives, or council; and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or house of representatives. NH Const. Pt. 2, Art. 95."

New Jersey "No person shall hold at the same time more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff. No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State. No person shall be elected a member of the House of Representatives, or an elector of President and Vice-President who shall hold any office of trust or profit under the United States. N.J. Stat. Ann. § 19:3-5. It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office. It shall be lawful for a member of the Legislature of the State to hold simultaneously any appointive office or position in county or municipal government. It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member. In municipalities below 5,000 in population, recusal from such votes shall only be required for officers, directors, and trustees of the company or squad. N.J. Stat. Ann. § 40A:9-4."

New Mexico No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments, except notaries public and officers of the militia who receive no salary. NM Const. Art. 4, § 3.

New York No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time. If a member of the legislature be elected to congress, or appointed to any office, civil or military, under the government of the United States, the state of New York, or under any city government except as a member of the national guard or naval militia of the state, or of the reserve forces of the United States, his or her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that a member of the legislature may be appointed commissioner of deeds or to any office in which he or she shall receive no compensation. NY Const. Art. 3, § 7.

North Carolina It is salutary that the responsibilities of self-government be widely shared among the citizens of the State and that the potential abuse of authority inherent in the holding of multiple offices by an individual be avoided. Therefore, no person who holds any office or place of trust or profit under the United States or any department thereof, or under any other state or government, shall be eligible to hold any office in this State that is filled by election by the people. No person shall hold concurrently any two offices in this State that are filled by election of the people. No person shall hold concurrently any two or more appointive offices or places of trust or profit, or any combination of elective and appointive offices or places of trust or profit, except as the General Assembly shall provide by general law. NC Const. art. 6, § 9.

North Dakota While serving in the legislative assembly, no member may hold any full-time appointive state office established by this constitution or designated by law. During the term for which elected, no member of the legislative assembly may be appointed to any full-time office that has been created by the legislative assembly. During the term for which elected, no member of the legislative assembly may be appointed to any full-time office for which the legislative assembly has increased the compensation in an amount greater than the general rate of increase provided to full-time state employees. ND Const. Art. 4, § 6.

Ohio No member of the general assembly shall, during the term for which he was elected, unless during such term he resigns therefrom, hold any public office under the United States, or this state, or a political subdivision thereof; but this provision does not extend to officers of a political party, notaries public, or officers of the militia or of the United States armed forces. OH Const. Art. 2, § 4.

Oklahoma No member of Congress from this State, or person holding any office of trust or profit under the laws of any other State, or of the United States, shall hold any office of trust or profit under the laws of this State. Excludes: officers and enlisted members of the National Guard, National Guard Reserve, Reserve Corps of the United States, the Organized Reserves of the United States, the Oklahoma State Guard and any other active militia or military force organized under state law. OK Const. Art. 2, § 12. Shall not receive any appointment during the term for which a legislator was elected, and shall not be appointed or elected to any office or commission that was created, or the emoluments have been increased, during his or her term of office. OK Const. Art. 5, § 23. No person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state. Okla. Stat. Ann. tit. 51, § 6.

Oregon No person charged with official duties under one of the branches of government, shall exercise any of the functions of another, except as in this Constitution expressly provided. OR Const. Art. 3, § 1. No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed $100 per annum, shall not be deemed lucrative. OR Const. Art. 2, § 10.

Pennsylvania "No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under this Commonwealth to which a salary, fee or perquisite is attached. No member of Congress or other person holding any office (except of attorney-at-law or in the national guard or in a reserve component of the armed forces of the United States) under the United States or this Commonwealth to which a salary, fee or perquisite is attached shall be a member of either House during his continuance in office. PA Const. Art. 2, § 6. No district attorney shall be eligible to a seat in the legislature, or to any other office under the laws and constitution of the state, during his continuance in office. 65 Pa. Stat. Ann. § 7."

Puerto Rico No Senator or Representative may, during the term for which he was elected or chosen, be appointed to any civil office in the Government of Puerto Rico, its municipalities or instrumentalities, which shall have been created or the salary of which shall have been increased during said term. No person may hold office in the Government of Puerto Rico, its municipalities or instrumentalities and be a Senator or Representative at the same time. PR Const. Art. 3, § 15.

Rhode Island No person holding any office under the government of the United States, or of any other state or country, shall act as a general officer or as a member of the general assembly, unless at the time of taking such engagement that person shall have resigned the office under such government; and if any general officer, senator, representative, or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take deposition or acknowledgment of deeds, or other legal instruments, by the authority of any other state or country. No senator or representative shall, during the time for which he or she was elected, be appointed to any state office, board, commission or other state or quasi-public entity exercising executive power under the laws of this state, and no person holding any executive office or serving as a member of any board, commission or other state or quasi-public entity exercising executive power under the laws of this state shall be a member of the senate or the house of representatives during his or her continuance in such office. RI Const. Art. 3, § 6.

South Carolina "No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public. SC Const. art. 3, § 24. No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention. SC Const. Art. 6, § 3."

South Dakota No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature. Excludes: appointments in the militia, offices of notary public and justice of the peace, postmasters making less than $300 per year. SD Const. Art. 3, § 3.

Tennessee No Judge of any Court of law or equity, Secretary of State, Attorney General, Register, Clerk of any court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this State hold more than one lucrative office at the same time; provided, that no appointment in the Militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly. TN Const. Art. 2, § 26.

Texas No person shall hold or exercise at the same time, more than one civil office of emolument, except that of Justice of the Peace, County Commissioner, Notary Public and Postmaster, Officer of the National Guard, the National Guard Reserve, and the Officers Reserve Corps of the United States and enlisted men of the National Guard, the National Guard Reserve, and the Organized Reserves of the United States, and retired officers of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers and enlisted members of the Texas State Guard and any other active militia or military force organized under state law, and the officers and directors of soil and water conservation districts, unless otherwise specially provided herein. TX Const. Art. 16, § 40.

Utah No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust. UT Const. Art. 6, § 6. A person may not file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year, except for a candidate for U.S. President or Vice President and another office, if the individual resigns after officially nominated for President or VP. Additionally, an individual may not hold a county elected office and a municipal elected office at the same time. Utah Code Ann. § 20A-9-201.

Vermont No person in this State shall be capable of holding or exercising more than one of the following offices at the same time: Governor, Lieutenant-Governor, Justice of the Supreme Court, Treasurer of the State, member of the Senate, member of the House of Representatives, Surveyor-General, or Sheriff. Nor shall any person holding any office of profit or trust under the authority of Congress, other than a member of the commissioned or enlisted personnel in the reserve components of the armed forces of the United States while not on extended active duty, be eligible to any appointment in the Legislature, or to any executive or judiciary office under this State. VT Const. Ch. 2, § 54.

Virginia No person holding a salaried office under the government of the Commonwealth, and no judge of any court, attorney for the Commonwealth, sheriff, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court shall be a member of either house of the General Assembly during his continuance in office. No person holding any office or post of profit or emolument under the United States government, or who is in the employment of such government, shall be eligible to either house. VA Const. Art. 4, § 4.C52.

Virgin Islands Federal employees and persons employed in the legislature, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature. No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term. VI Organic Act 1954 § 6.

Washington "No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created during the term for which he was elected. Any member of the legislature who is appointed or elected to any civil office in the state, the emoluments of which have been increased during his legislative term of office, shall be compensated for the initial term of the civil office at the level designated prior to the increase in emoluments. WA Const. Art. 2, § 13. No person, being a member of congress, or holding any civil or military office under the United States or any other power, shall be eligible to be a member of the legislature; and if any person after his election as a member of the legislature, shall be elected to congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat, provided, that officers in the militia of the state who receive no annual salary, local officers and postmasters, whose compensation does not exceed $300 per annum, shall not be ineligible. WA Const. Art. 2, § 14."

West Virginia No person holding any other lucrative office or employment under this state, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature. WV Const. Art. 6, § 13.

Wisconsin "No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. WI Const. Art. 4, § 12. No member of the legislature shall, during the term for which the legislator was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments of which shall have been increased, during the term for which the legislator was elected. Wis. Stat. Ann. § 13.04."