Table 3.5

Legislators: Qualifications for Election


  House/Assembly Senate
FIPS State or other
jurisdiction
Minimum age U.S. citizen
(years) (a)
State resident
(years) (b)
District resident
(years)
Qualified voter
(years)
Minimum age U.S. citizen
(years) (a)
State resident
(years) (b)
District resident
(years)
Qualified voter
(years)
01Alabama2131

2531
02Alaska2131

2531
04Arizona2531

2531
05Arkansas2121

2521
06California18331

18331
08Colorado2511

2511
09Connecticut18

18
10Delaware2431

273 (c)1
12Florida212

212
13Georgia*212 (c)1

252 (c)1
15Hawaii183

183
16Idaho2111

2111
17Illinois*2122 (d)

2122 (d)
18Indiana2121

2521
19Iowa21160 days

25160 days
20Kansas18✓(c)

18✓(c)
21Kentucky*242 (c)1

306 (c)1
22Louisiana*1821

1821
23Maine21513 mo.

25513 mo.
24Maryland*211 (c)6 mo. (e)

251 (c)6 mo. (e)
25Massachusetts181

1855
26Michigan21(f)

21(f)
27Minnesota1816 mo.

2116 mo.
28Mississippi*214 mo. (c)2

254 mo. (c)2
29Missouri*241

2

3013
30Montana*1816 mo. (g)

1816 mo. (g)
31NebraskaUUUU

U

21✓(c)1
32Nevada*211 (c)30 days (h)

211 (c)30 days (h)
33New Hampshire182 (c)

307 (c)
34New Jersey212 (c)1

302 (c)1
35New Mexico21

25
36New York1851 (i)

1851 (i)
37North Carolina181

2521
38North Dakota18130 days in precinct

18130 days in precinct
39Ohio181 (o)

181 (o)
40Oklahoma21✓(c)

25✓(c)
41Oregon21✓(q)✕ (r)1(s)

21✕(r)1 (s)
42Pennsylvania*214 (c)1

254 (c)1
44Rhode Island1830 days30 days

1830 days30 days
45South Carolina21✓ (j)

21✓ (j)
46South Dakota212

212
47Tennessee21✓ (3c)1

303 (3c)1
48Texas*2121

2651
49Utah2536 mo.

2536 mo.
50Vermont*182 (t)1 (t)

✓(t)

182 (t)1 (t)✓(t)
51Virginia21

21
53Washington*18

18
54West Virginia1811 (c)1

2555 (c)1
55Wisconsin181✓(k)

✓(k)

181✓(k)✓(k)
56Wyoming21✓(c)1

25✓(c)1
11Dist. of Columbia*UUUU

U

181
60American Samoa*25✓(l)51

30 (m)✓(l)51
66Guam*UUUU

U

255
69CNMI* **213(f)

255(f)
72Puerto Rico*2521 (n)

3021 (n)
78U.S. Virgin Islands*UUUU

U

213 (c)3

Source:

The Council of State Governments' survey of state legislative service agencies, 2023.

Notes:

Many state constitutions have additional provisions disqualifying persons from holding office if they are convicted of a felony, bribery, perjury or other infamous crimes.

Key:

* Responses carried forward due to state nonresponse.
** Commonwealth of Northern Mariana Islands.
U Unicameral legislature; members are called senators, except in District of Columbia.
Formal provision; number of years not specified.
No formal provision.

Footnotes:

(a)

In some states candidate must be a U.S. citizen to be an elector, and must be an elector to run.

(b)

In some states candidate must be a state resident to be an elector, and must be an elector to run.

(c)

State citizenship requirement. In Tennessee- must be a citizen for three years.

(d)

In the first election after a redistricting, a candidate may be elected from any district that contains a part of the district in which (s)he resided at the time of redistricting, and may be re-elected if a resident of the district (s)he represents for 18 months before re-election.

(e)

If the district was established for less than six months, residency is length of establishment of district.

(f)

Must be a qualified voter of the district; number of years not specified.

(g)

Shall be a resident of the county if it contains one or more districts or if the district contains all or parts of more than one county.

(h)

30 days prior to close of filing for declaration of candidacy.

(i)

After redistricting, candidate must have been a resident of the county in which the district is contained for one year immediately preceding election.

(j)

At the time of filing.

(k)

Twenty Eight days prior to election.

(l)

Or U.S. national.

(m)

Must be registered matai.

(n)

The district legislator must live in the municipality he/she represents.

(o)

One year unless absent from the district on the public business of the United States or Ohio.

(p)

In the district.

(q)

See Article IV, Section 8 for qualifications for election for both Senate and House members.

(r)

No provision but implied by district residency requirement.

(s)

1 year (less for election following redistricting).

(t)

State resident: 2 years via Vt. Const. Ch. II, sec. 15. District resident: 1 year via Vt. Const. Ch. II, sec. 15. Qualified voter: Via Vt. Const. Ch. I, Art. 8, “voters” have a right to elect and be elected to constitutional offices, including legislator. So, one must meet the qualifications to vote in Vt. Const. Ch. II, sec. 42 in order to be elected as a legislator (min. age of 18, U.S. citizen, VT resident, voter’s oath).