III-9. Legislators; disqualifications; election to other office; resignation required.

No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the Legislature. No person elected or appointed to the Legislature shall receive any civil appointment to a state office while holding membership in the Legislature or while the Legislature is in session, and all such appointments shall be void. Except as otherwise provided by law, a member of the Legislature who is elected to any other state or local office prior to the end of his or her term in the Legislature shall resign from the Legislature prior to the commencement of the legislative session during which the term of the state or local office will begin.

Source:Neb. Const. art. III, sec. 6 (1875); Amended 1972, Laws 1972, LB 1514, sec. 1; Amended 2000, Laws 2000, LR 6CA, sec. 1.

Annotations

It was the purpose not to permit any incentive or temptation for emoluments, gains, or position, to influence members of the Legislature. In re Appeal of Wilkins, 116 Neb. 748, 219 N.W. 9 (1928).