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§ 5. Eligibility and disqualification of members. No member of congress and no civil officer or employee of the United States or of any department, agency, or instrumentality thereof shall be eligible to be a member of the legislature. Any member of the legislature who accepts any appointment or election contrary to the foregoing shall be disqualified as a member of the legislature.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 52; L. 1974, ch. 458, § 1; November 5, 1974.

Cross References to Related Sections:

Each house is judge of qualifications of members, see Kansas Constitution Article 2, § 8.

Vacancies, see Kansas Constitution Article 2, § 9; K.S.A. 25-3903.

Attorney General's Opinions:

Surplus property and public airport authority act; members of authority; eligibility to simultaneously hold other public office. 79-304.

Executive; governor's duties for Legislature; messages; special sessions; adjournment. 87-92.

CASE ANNOTATIONS

1. Purpose is to create vacancy upon acceptance of specified offices. The State, ex rel., Watson, v. Cobb, 2 Kan. 32, 57.

2. Disability refers to time the person chosen. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 267, 268, 32 P. 470.

3. Act taxing leased railway cars (79-906 et seq.) held valid. Associated Rly. Equipment Owners v. Wilson, 167 Kan. 608, 609, 614, 620, 208 P.2d 604.

4. Separation of powers doctrine inherent in Kansas Constitution; legislators cannot hold executive offices. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 568, 573, 345 P.2d 674.

5. Constitutionality of K.S.A. 25-1904 relating to qualification for membership on state board of education determined. State ex rel. Stephan v. Johnson, 14 Kan. App. 2d 542, 545, 795 P.2d 411 (1990).