§4. Qualifications; Residence and Domicile Requirements; Term; Election Limitations; Vacancies; Temporary Successors; Salary

Section 4.(A)  Age; Residence; Domicile.  An elector who at the time of qualification as a candidate has attained the age of eighteen years, resided in the state for the preceding two years, and been actually domiciled for the preceding year in the legislative district from which he seeks election is eligible for membership in the legislature.

(B)  Domicile; Special Provisions.  However, at the next regular election for members of the legislature following legislative reapportionment, an elector may qualify as a candidate from any district created in whole or in part from a district existing prior to reapportionment if he was domiciled in that prior district for at least one year immediately preceding his qualification and was a resident of the state for the two years preceding his qualification.  The seat of any member who changes his domicile from the district he represents or, if elected after reapportionment, whose domicile is not within the district he represents at the time he is sworn into office, shall be vacated thereby, any declaration of retention of domicile to the contrary notwithstanding.

(C)  Term.  A member of the legislature shall be elected for a four-year term.

(D)  Vacancy.  A vacancy in the legislature shall be filled for the remainder of the term only by election by the electors of the respective district as provided by law.

(E)  Election Limitation.  No person who has been elected to serve as a member of the Senate for more than two and one-half terms in three consecutive terms, that service being during a term of office that began on or after January 8, 1996, shall be elected to the Senate for the succeeding term.  No person who has been elected to serve as a member of the House of Representatives for more than two and one-half terms in three consecutive terms, that service being during a term of office that began on or after January 8, 1996, shall be elected to the House of Representatives for the succeeding term.

(F)  Temporary Successors.  The legislature shall provide by law for the prompt and temporary succession to the powers and duties of a member of the legislature if the incumbent member is unavailable to perform his functions or duties due to being ordered to active duty in the armed services of the United States.

(G) Salary limitation.  Any increase in salary of any member of the legislature shall not become effective until the commencement of the subsequent term for that office following the adoption or enactment of the increase.

Acts 1995, No. 1326, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995; Acts 2008, No. 931, §1, approved Nov. 4, 2008, eff. Dec. 8, 2008; Acts 2009, No. 539, §1, approved Nov. 2, 2010, eff. Dec. 1, 2010.