§ 36-2-1 — Persons Not Eligible to Hold State Office; Holding of State and Federal Offices of Profit or Two State Offices of Profit

(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state:
(1) Those who are not qualified electors, except as otherwise expressly provided;
(2) Those who have not been inhabitants of the state, county, district or circuit for the period required by the constitution and laws of the state;
(3) Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or any other crime punishable by imprisonment in the state or federal penitentiary and those who are idiots or insane;
(4) Those against whom there is a judgment unpaid for any moneys received by them in any official capacity due to the United States, this state or any county or municipality thereof; and
(5) Soldiers, seamen or marines in the regular Army or Navy of the United States.
(b) No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this state, nor shall any person hold two offices of profit at one and the same time under this state, except constables, notaries public and commissioners of deeds.

Legislative History

(Code 1852, §105; Code 1867, §144; Code 1876, §149; Code 1886, §241; Code 1896, §3056; Code 1907, §1467; Code 1923, §2575; Code 1940, T. 41, §5.)