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Resign-to-run law

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Resign-to-run laws require officeholders to resign from their current office in order to run for another. Nationwide, five states have resign-to-run laws--Arizona, Florida, Georgia, Hawaii, and Texas.

States

Arizona

Title 38, Article 6, Section 296 of the Arizona Revised Statutes states:

A. Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, state or federal office.

Florida

Title IX, Chapter 99, Section 99.012 of the Florida Statues states:

(3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds. (b)The resignation is irrevocable...(7)Nothing contained in subsection (3) relates to persons holding any federal office or seeking the office of President or Vice President.

Georgia

Article II, Section II, Paragraph IV of the Georgia Constitution states:

The office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office.

Hawaii

Article II, Section 7 of the Hawaii Constitution states:

Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.

In Cobb v. State by Watanabe the Hawaii Supreme Court clarified Section 7:

The question raised by this original proceeding is whether article II, section 7 of the Hawaii State Constitution requires Plaintiff Steve Cobb to resign his State Senate seat in order to become a candidate for the United States House of Representatives...We cannot say with any certainty that the drafters of article II, section 7 intended for it to apply to candidates for federal offices. In view of the uncertainty, we conclude that Cobb should not have to resign from the State Senate in order to run for Congress.

Texas