# Does an official HAVE to give up their elected position if they move to another? **URL:** \ **Category:** Factual Questions\ **Created:** [November 13, 2008, 9:41pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600 "2008-11-13T21:41:45Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![Surbey](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@Surbey](https://boards.straightdope.com/u/Surbey)\ **Post date:** [November 13, 2008, 9:41pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/1 "2008-11-13T21:41:45Z")
So, Obama resigned from his Senate seat today so he can be President. But, is there a law stating he HAD to do it. I can’t imagine being a President AND a Senator would be easy but it would certainly give him an advantage as far as pushing legislation. So, does he have to or is it just tradition? ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [November 13, 2008, 9:43pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/2 "2008-11-13T21:43:28Z")
He has to. The constitution says that you can’t hold both positions at the same time. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 13, 2008, 9:47pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/3 "2008-11-13T21:47:33Z")
> [@Surbey](#): > > So, Obama resigned from his Senate seat today so he can be President. But, is there a law stating he HAD to do it. I can’t imagine being a President AND a Senator would be easy but it would certainly give him an advantage as far as pushing legislation. So, does he have to or is it just tradition? It’s a Constitutional requirement: Art I Sec 6. provides: > [@](#): > > No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. ---
**Author:** ![Surbey](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@Surbey](https://boards.straightdope.com/u/Surbey)\ **Post date:** [November 13, 2008, 10:08pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/4 "2008-11-13T22:08:04Z")
> [@Captain\_Amazing](#): > > He has to. The constitution says that you can’t hold both positions at the same time. > [@Bricker](#): > > It’s a Constitutional requirement: Art I Sec 6. provides: Well that sucks. Thanks for the quick reply guys, love the Dope. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [November 13, 2008, 10:12pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/5 "2008-11-13T22:12:13Z")
Not just federal government, either. The great state of Missouri has the same requirement, and specifically mentions military commissions as well as civil offices. ---
**Author:** ![nivlac](https://avatars.discourse-cdn.com/v4/letter/n/3bc359/32.png) [@nivlac](https://boards.straightdope.com/u/nivlac)\ **Post date:** [November 13, 2008, 10:12pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/6 "2008-11-13T22:12:35Z")
Don’t know why it would suck at all. It’s part of the checks and balances in our Constitution. You can’t serve two different branches of the government at the same time. ---
**Author:** ![Duke](https://avatars.discourse-cdn.com/v4/letter/d/e8c25b/32.png) [@Duke](https://boards.straightdope.com/u/Duke)\ **Post date:** [November 13, 2008, 10:16pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/7 "2008-11-13T22:16:32Z")
Following on from that question–is it possible to be a Senator and a Representative at the same time? Or a Congressman and a State officer of some kind? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [November 13, 2008, 10:25pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/8 "2008-11-13T22:25:12Z")
> [@kunilou](#): > > Not just federal government, either. The great state of Missouri has the same requirement, and specifically mentions military commissions as well as civil offices. What is the law in Maryland, where Beau Biden is the state attorney general but is currently serving in the Delaware Army National Guard? ---
**Author:** ![mrpayday](https://avatars.discourse-cdn.com/v4/letter/m/a88e57/32.png) [@mrpayday](https://boards.straightdope.com/u/mrpayday)\ **Post date:** [November 13, 2008, 11:18pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/9 "2008-11-13T23:18:34Z")
Here’s the Australian equivalent [http://www.austlii.edu.au/au/legis/cth/consol\_act/coaca430/s44.html](http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html) where you can be in the army or navy but not a traitor, dual citizen or bankrupt ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [November 13, 2008, 11:25pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/10 "2008-11-13T23:25:37Z")
> [@nivlac](#): > > Don’t know why it would suck at all. It’s part of the checks and balances in our Constitution. You can’t serve two different branches of the government at the same time. And, yet, the VP does it all the time. 🙂 (Yeah, I know, it’s in the Constitution that this is an exception…) Zev Steinhardt ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [November 13, 2008, 11:39pm UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/11 "2008-11-13T23:39:57Z")
So, assuming no State law against it, could a person be a U.S. Senator and Governor of a state at the same time? ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [November 14, 2008, 2:37am UTC](https://boards.straightdope.com/t/does-an-official-have-to-give-up-their-elected-position-if-they-move-to-another/472600/12 "2008-11-14T02:37:29Z")
New Jersey just recently adopted a law banning the previously common practice of state legislators serving in local municipal offices, though a number of legislators remain [grandfathered in](http://www.nj.com/news/index.ssf/2008/03/despite_new_law_doubledipping.html).