LegalFix

What Are the Requirements to Run for Public Office?


by LegalFix
Posted: June 29, 2023
Election law

Taking an interest in politics is one of the most effective ways to get involved with how your country or state is run. Generally speaking, if you’re an American citizen over the age of 18, you have the right to participate in the management of the districts you live in by voting. However, running for public office yourself may have more stringent requirements. 

Types of Public Office

While some elected officials get more attention than others, there are a wide variety of public offices, each playing a vital role in how our country runs. Certain qualifications, such as US citizenship, are required for virtually all types of elected officials. But federal, state, and local laws also govern who can run in a given jurisdiction. 

Federal Public Office

Unsurprisingly, the criteria to run for the United States presidency are the strictest of any public office requirements. In order to qualify as a presidential candidate, you must be a natural-born citizen of the United States, a US resident for 14 years, and at least 35 years of age. 

If you’re hoping to run for the US Senate, you must be at least 30 years of age, a US citizen for at least 9 years, and a resident of the state you wish to represent by the date of the general election. 

Prospective members of the US House of Representatives, on the other hand, must only be at least 25 years old, a US citizen for at least 7 years, and a resident of the state they are running in by the date of the general election. Interestingly, candidates running for the House are not required to be residents of the congressional district in which they are running. 

 Regardless of which federal public office you’re hoping to win, you will have to register as a candidate for national office with the US Federal Election Commission

State and Local Public Offices

Federal laws apply everywhere, but the guidelines for public office eligibility vary greatly from state to state and should be checked according to your location. Some basics are fairly common, such as being eligible and registered to vote in the area where you’re seeking public office. Many states also require a certain period of residence in the area.

For example, in Texas, all public officials must have been a resident of the state for a minimum of 12 months prior to the election date. This applies to all elected officials, including constables, county surveyors, and district clerks. Other officials, such as district judges, must have at least two years of residence, while state senators as well as the governor and lieutenant governor must have been Texas residents for at least 5 years prior to running. 

Other states have far more permissive standards for some positions. In North Carolina, the only requirement to run for district attorney is to be duly authorized to practice law in the courts of the state.

Each state also sets out requirements for how campaigns must be conducted. This includes the procedure for getting your name on the ballot, reporting campaign finances, and other associated matters. 

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