Requirements for Office Holders
Amends
Article II. Franchise and Officers
Section 5. Qualifications to hold elective office
Summary
This measure clarified language in the Constitution, specifying that the one year of residency required for office holders is the year before they take office.
Shall Section 5 of Article II of the Constitution of Virginia be amended to specify that the requirement of one year’s residence in Virginia for office seekers be the year preceding election to office?
NOTE: In 1975-76, six proposed Constitutional changes were bundled into one resolution and referendum bill. Since these were separate questions and issues — indeed, one of them was rejected by voters — it makes sense to consider these separate amendments. For more, please see How to Count Amendments.
- First resolution – HJR209 – 1975
- Second resolution – HJR10 – 1976
- Referendum legislation – H166– 1976
Article II. Franchise and Officers
Section 5. Qualifications to hold elective office
The only qualification to hold any office of the Commonwealth or of its governmental units, elective by the people, shall be that a person must have been a resident of the Commonwealth for one year next preceding his election and be qualified to vote for that office, except as otherwise provided in this Constitution, and except that:
(a) the General Assembly may impose more restrictive geographical residence requirements for election of its members, and may permit other governing bodies in the Commonwealth to impose more restrictive geographical residence requirements for election to such governing bodies, but no such requirement shall impair equal representation of the persons entitled to vote;
(b) the General Assembly may provide that residence in a local governmental unit is not required for election to designated elective offices in local governments, other than membership in the local governing body; and
(c) nothing in this Constitution shall limit the power of the General Assembly to prevent conflict of interests, dual officeholding, or other incompatible activities by elective or appointive officials of the Commonwealth or of any political subdivision.
https://law.lis.virginia.gov/constitution/article2/section5/
