Table 3.5

Legislators: Qualifications for Election

Available versions: 2023 2022 (showing)

		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)
01	Alabama*	21	✕	3 (c)	1	✓	25	✕	3 (c)	1	✓
02	Alaska	21	✓	3	1	✓	25	✓	3	1	✓
04	Arizona	25	✓	3	1	✕	25	✓	3	1	✕
05	Arkansas	21	✓	2	1	✓	25	✓	2	1	✓
06	California	18	3	3	1	✓	18	3	3	1	✓
08	Colorado	25	✓	1	1	✕	25	✓	1	1	✕
09	Connecticut	21	✓	✓	✓	✓	21	✓	✓	✓	✓
10	Delaware	24	✓	3	1	✕	27	✓	3 (c)	1	✕
12	Florida*	21	✕	2	✕	✓	21	✕	2	✕	✓
13	Georgia	21	✓	2 (c)	✕	✓	25	✓	2 (c)	✕	✓
15	Hawaii	18	✓	3	✓	✕	18	✓	3	✓	✕
16	Idaho	21	✓	1	1	1	21	✓	1	1	1
17	Illinois	21	✓	2	2 (d)	✕	21	✓	2	2 (d)	✕
18	Indiana	21	✓	2	1	✕	25	2	2	1	✕
19	Iowa	21	✓	1	60 days	✕	25	✓	1	60 days	✕
20	Kansas	18	✓	✓(c)	✓	✓	18	✓	✓(c)	✓	✓
21	Kentucky	24	✓	2 (c)	1	✕	30	✓	6 (c)	1	✕
22	Louisiana	18	✓	2	1	✕	18	✓	2	1	✕
23	Maine	21	5	1	3 mo.	✕	25	5	1	3 mo.	✕
24	Maryland*	21	✕	1 (c)	6 mo. (e)	✓	25	✕	1 (c)	6 mo. (e)	✓
25	Massachusetts*	18	✕	✕	1	✓	18	✕	5	(j)	✓
26	Michigan	21	✓	✓	(f)	✕	21	✓	✓	(f)	✕
27	Minnesota	21	✕	1	6 mo.	✓	21	✕	1	6 mo.	✓
28	Mississippi*	21	✕	4 (c)	2	✓	25	✕	4 (c)	2	✓
29	Missouri	24	✓	✓	1	2	30	✓	✓	1	3
30	Montana*	18	✕	1	6 mo. (g)	✕	18	✕	1	6 mo. (g)	✕
31	Nebraska	U	U	U	U	U	21	✓	✓(c)	1	✕
32	Nevada	21	✓	1 (c)	30 days (h)	✓	21	✓	1 (c)	30 days (h)	✓
33	New Hampshire	18	✕	2 (c)	✓	✕	30	✕	7 (c)	✓	✕
34	New Jersey	21	✓	2 (c)	2	✕	30	✓	2 (c)	(j)	✕
35	New Mexico	21	✓	✓	✓	✕	25	✓	✓	✓	✕
36	New York*	18	✓	5	1 (i)	✓	18	✓	5	1 (i)	✓
37	North Carolina	21	✕	✕	1	✓	25	✕	2	1	✓
38	North Dakota	18	✕	1	30 days in precinct	✓	18	✕	1	30 days in precinct	✓
39	Ohio	18	✓	30 days	1 (o)	✕	18	✓	30 days	1 (o)	✕
40	Oklahoma	21	✓	✓(c)	✓	✓	25	✓	✓(c)	✓	✓
41	Oregon	21	✓(q)	✕ (r)	1	✕	21	✓	✕(r)	1 (s)	✕
42	Pennsylvania	21	✕	4 (c)	1	✕	25	✕	4 (c)	1	✕
44	Rhode Island	18	✓	30 days	✕	✓	18	✓	30 days	✕	✓
45	South Carolina*	21	✕	✕	✓ (j)	✕	21	✕	✕	✓ (j)	✕
46	South Dakota	21	✓	2	✕	✓	21	✓	2	✓	✓
47	Tennessee	21	✓	(c)	1	✓	30	✓	3	1	✓
48	Texas	21	✓	2	1	✕	26	✓	5	1	✕
49	Utah	25	✓	3	6 mo.	✓(p)	25	✓	3	6 mo.	✓(p)
50	Vermont	18	✓	2 (t)	1 (t)	✓(t)	18	✓	2 (t)	1 (t)	✓(t)
51	Virginia	21	✓	✓	1	✓	21	✓	✓	1	✓
53	Washington	18	✓	✕	✕	✓	18	✓	✕	✕	✓
54	West Virginia	18	1	1 (c)	✕	✕	25	5	5 (c)	✕	✕
55	Wisconsin	18	✓	1	✓(k)	✓(k)	18	✓	1	✓(k)	✓(k)
56	Wyoming	21	✓	✓(c)	1	✕	25	✓	✓(c)	1	✕
11	Dist. of Columbia*	U	U	U	U	U	18	✕	1	✓	✓
60	American Samoa*	25	✓(l)	5	1	✕	30 (m)	✓(l)	5	1	✕
66	Guam*	U	U	U	U	U	25	✓	5	✕	✓
69	CNMI* **	21	✕	3	(f)	✓	25	✕	5	(f)	✓
72	Puerto Rico*	25	✓	2	1 (n)	✕	30	✓	2	1 (n)	✕
78	U.S. Virgin Islands*	U	U	U	U	U	21	✕	3 (c)	3	✓

Source:

The Council of State Governments' survey of state legislative service agencies, 2022.

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:

*	—	Information from The Council of State Governments’ 2020 survey of state legislative services agencies and 2021 review of state websites.
**	—	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)	Ten consecutive days before any 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).