38-296. Limitation upon filing for election by
incumbent of elective office
A. Except during the final year of the term being served, no incumbent of a
salaried elective office, whether holding by election or appointment, may offer himself
for nomination or election to any salaried local, state or federal office.
B. An incumbent of a salaried elected office shall be deemed to have offered
himself for nomination or election to a salaried local, state or federal office upon the
filing of a nomination paper pursuant to section 16-311, subsection A or formal public
declaration of candidacy for such office whichever occurs first.
C. The resignation of the incumbent elective officer duly filed in writing with the
officer, board or commission having jurisdiction of the office shall, if not accepted
within ten days, be deemed to have become effective as of the date of filing.
D. This section shall not be construed to prohibit a person whose resignation from
office has become effective from qualifying as a candidate for another office during the
unexpired portion of the term affected by the resignation, nor shall it apply to any
incumbent elective officer who seeks re-election to the same office or to any other
public office during the final year of the term to which he has been so elected.
E. A person violating any provision of this section is guilty of misfeasance in
office and the office held by such person shall be declared vacant.
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