NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016.
§39. Judges; ineligibility to become candidate for other elective office;
conditions and exceptions
A. After July 31, 1968, no person serving in or elected or appointed to
the office of judge of any court, justices of the peace excepted, shall be eligible
to hold or become a candidate for any national, state or local elective office of
any kind whatsoever, including any national, state or local office in any
political party organization, other than a candidate for the office of judge for
the same or any other court.
B. The provisions of Subsection A of this Section shall not be
construed as prohibiting any person from resigning from his office as judge of
any court for the purpose of becoming a candidate for nomination or election
to any national, state or local elective office for which he is qualified and
eligible; provided, however, that the resignation of any such person shall be
and is made not less than twenty-four hours prior to the date on which he
qualifies as a candidate for nomination or election to the office to which he
seeks nomination or election.
C. If any judge elected or appointed, justice of the peace excepted,
qualifies for any other elective position, other than those allowed by the
provisions of this section, without complying with the provisions of Subsection
B of this Section, his qualification as a candidate for the other office shall ipso
facto be null and void.
Added by Acts 1968, No. 504, §§1, 2.