Nebraska State Constitution Article IV-2

Article IV-2


Governor; Lieutenant Governor; eligibility; qualifications; appointive officers, ineligible for other office.

No person shall be eligible to the office of Governor, or Lieutenant Governor, who shall not have attained the age of thirty years, and who shall not have been for five years next preceding his election a resident and citizen of this state and a citizen of the United States. None of the appointive officers mentioned in this article shall be eligible to any other state office during the period for which they have been appointed.


  • Neb. Const. art. V, sec. 2 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 13;
  • Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 2;
  • Amended 1962, Laws 1961, c. 250, sec. 1, p. 738;
  • Amended 1966, Laws 1965, c. 291, sec. 1, p. 832.


Railway commissioner did not fall within the prohibition of this section. Swanson v. Sorensen, 181 Neb. 312, 148 N.W.2d 197 (1967).

Member of Nebraska Liquor Control Commission is not precluded by this section from being appointed to the office of district judge. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Head of an executive department is ineligible to be a candidate for the office of Governor during term for which he was appointed. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Unlike officers designated in this section, there is no requirement that candidate for office of Secretary of State be a resident of the state, or possess the qualifications of an elector prior to elections. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

No presumption arises from this section that the Legislature should be without power to require that members of the State Railway Commission should possess reasonable qualifications as a condition of eligibility to office. State ex rel. Quinn v. Marsh, 141 Neb. 436, 3 N.W.2d 892 (1942).

Under former law, Lieutenant Governor, during term for which he was elected, was ineligible to office of Governor for succeeding term. State ex rel. McKelvie v. Wait, 95 Neb. 806, 146 N.W. 1048 (1914).

Candidate for Governor was citizen of United States, although of foreign birth. Boyd v. State ex rel. Thayer, 143 U.S. 135 (1892), reversing State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).