38-201. General qualifications
A. Every officer shall be not less than eighteen years of age, a citizen of the
United States and a resident of this state.
B. No person is eligible to any office, employment or service in any public
institution in the state, or in any of the several counties thereof, of any kind or
character, whether by election, appointment or contract, unless he is a citizen of the
United States, but the provisions of this subsection shall not apply to the employment of
any teacher, instructor or professor authorized to teach in the United States under the
teacher exchange program as provided by federal statutes or the employment of university
or college faculty members.
C. A person who is unable to speak, write and read the English language is not
eligible to hold a state, county, city, town or precinct office in the state, whether
elective or appointive, and no certificate of election or commission shall issue to a
person so disqualified.
D. Except as provided in subsection E, a person is not eligible for employment by or
service for the state or a political subdivision of the state, including all boards and
commissions of the state or political subdivision, all multimember governing bodies of
departments, agencies, institutions and instrumentalities of the state or political
subdivisions unless the person has registered with the selective service system if
required by the federal military selective service act (62 Stat. 604; 50 United States
Code App. section 453).
E. A person may not be denied a right, privilege or benefit by reason of subsection
D if either of the following applies:
1. The requirement for the person to so register has terminated or become
inapplicable to the person.
2. The person shows by a preponderance of the evidence that the failure of the
person to register with the selective service system was not a knowing and willful
failure to register.
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