{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2801.html"}],"law_id":80552,"edition_id":1,"section_id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","history":"Code 1950, \u00a7 2-29; 1950, p. 101; 1952, c. 120; 1958, c. 414; 1960, c. 39; 1962, c. 247; 1966, c. 677, \u00a7 2.1-33; 1968, c. 788; 1970, c. 745; 1971, Ex. Sess., cc. 137, 143; 1972, cc. 356, 405; 1975, c. 575; 1978, cc. 83, 420; 1983, c. 539; 1984, c. 110; 1985, c. 77; 1988, cc. 361, 901; 2001, cc. 577, 844; 2002, c. 676; 2011, c. 17; 2014, c. 543.","full_text":"A\n\nSection 2.2-2800 shall not be construed to prevent:1\n\nMembers of Congress from acting as visitors of the University of Virginia or the Virginia Military Institute, or from holding offices in the militia;2\n\nUnited States commissioners or United States census enumerators, supervisors, or the clerks under the supervisor of the United States census, or fourth-class or third-class postmasters, or United States caretakers of the Virginia National Guard, from acting as notaries, school board selection commission members, or supervisors, or from holding any district office under the government of any county, or the office of councilman of any town or city in the Commonwealth;3\n\nAny United States rural mail carrier, or star route mail carrier from being appointed and acting as notary public or holding any county or district office;4\n\nAny civilian employee of the United States government from being appointed and acting as notary public;5\n\nAny United States commissioners or United States park commissioners from holding the office of commissioner in chancery, bail commissioner, jury commissioner, commissioner of accounts, assistant commissioner of accounts, substitute or assistant civil justice, or assistant judge of a municipal court of any city or assistant judge of a juvenile and domestic relations district court of any city, or judge of any county court or juvenile and domestic relations district court of any county, or the municipal court or court of limited jurisdiction, by whatever name designated, of any incorporated town;6\n\nAny person employed by, or holding office or a post of profit, trust or emolument, civil, legislative, executive or judicial, under the government of the United States, from being a member of the militia or holding office therein, or from being a member or director of any board, council, commission or institution of the Commonwealth who serves without compensation except one who serves on a per diem compensation basis;7\n\nForemen, quartermen, leading men, artisans, clerks or laborers, employed in any navy yard or naval reservation in Virginia from holding any office under the government of any city, town or county in the Commonwealth;8\n\nAny United States government clerk from holding any office under the government of any town or city;9\n\nAny person holding an office under the United States government from holding a position under the management and control of the State Board of Health;10\n\nAny state federal director of the Commonwealth in the employment service of the United States Department of Labor from holding the office of Commissioner of Labor of the Commonwealth;11\n\nClerks and employees of the federal government engaged in the departmental service in Washington from acting as school trustees;12\n\nAny person, who is otherwise eligible, from serving as a member of the governing body or school board of any county, city or town, or as a member of any public body who is appointed by such governing body or school board, or as an appointive officer or employee of any county, city or town or the school board thereof;13\n\nGame management agents of the United States Fish and Wildlife Service or United States deputy game wardens from acting as special conservation police officers;14\n\nAny appointive state or local official or employee from serving, with compensation, on an advisory board of the federal government;15\n\nAny state or local law-enforcement officer from serving as a United States law-enforcement officer; however, this subdivision shall not be construed to authorize any law-enforcement officer to receive double compensation;16\n\nAny United States law-enforcement officer from serving as a state or local law-enforcement officer when requested by the chief law-enforcement officer of the subject jurisdiction; however, this subdivision shall not be construed to authorize any law-enforcement officer to receive double compensation;17\n\nAny attorney for the Commonwealth or assistant attorney for the Commonwealth from serving as or performing the duties of a special assistant United States attorney or assistant United States attorney; however, this subdivision shall not be construed to authorize any attorney for the Commonwealth or assistant attorney for the Commonwealth to receive double compensation;18\n\nAny assistant United States attorney from serving as or performing the duties of an assistant attorney for the Commonwealth when requested by the attorney for the Commonwealth of the subject jurisdiction; however, this subdivision shall not be construed to authorize any assistant United States attorney to receive double compensation;19\n\nAny elected state or local official from serving, without compensation, on an advisory board of the federal government; however, this subdivision shall not be construed to prohibit reimbursement for actual expenses;20\n\nSheriffs’ deputies from patrolling federal lands pursuant to contracts between federal agencies and local sheriffs;21\n\nState judicial officers from performing acts or functions with respect to United States criminal proceedings when such acts or functions are authorized by federal law to be performed by state judicial officers; or22\n\nAny member of the Armed Forces of the United States from serving on the Virginia Military Advisory Council or the Virginia Offshore Wind Development Authority.B\n\nNor shall \u00a7 2.2-2800 be construed to exclude:1\n\nA person to whom a pension has been granted by the United States or who receives retirement compensation in any manner from the United States, or any person receiving or entitled to receive benefits under the Federal Old-Age and Survivors’ Insurance System or under the Federal Railroad Retirement Act.2\n\nOfficers or soldiers on account of the recompense they may receive from the United States when called out in actual duty.","order_by":null,"text":{"0":{"id":288584,"text":"Section 2.2-2800 shall not be construed to prevent:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":288585,"text":"Members of Congress from acting as visitors of the University of Virginia or the Virginia Military Institute, or from holding offices in the militia;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":288586,"text":"United States commissioners or United States census enumerators, supervisors, or the clerks under the supervisor of the United States census, or fourth-class or third-class postmasters, or United States caretakers of the Virginia National Guard, from acting as notaries, school board selection commission members, or supervisors, or from holding any district office under the government of any county, or the office of councilman of any town or city in the Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":288587,"text":"Any United States rural mail carrier, or star route mail carrier from being appointed and acting as notary public or holding any county or district office;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":288588,"text":"Any civilian employee of the United States government from being appointed and acting as notary public;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":288589,"text":"Any United States commissioners or United States park commissioners from holding the office of commissioner in chancery, bail commissioner, jury commissioner, commissioner of accounts, assistant commissioner of accounts, substitute or assistant civil justice, or assistant judge of a municipal court of any city or assistant judge of a juvenile and domestic relations district court of any city, or judge of any county court or juvenile and domestic relations district court of any county, or the municipal court or court of limited jurisdiction, by whatever name designated, of any incorporated town;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":288590,"text":"Any person employed by, or holding office or a post of profit, trust or emolument, civil, legislative, executive or judicial, under the government of the United States, from being a member of the militia or holding office therein, or from being a member or director of any board, council, commission or institution of the Commonwealth who serves without compensation except one who serves on a per diem compensation basis;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":288591,"text":"Foremen, quartermen, leading men, artisans, clerks or laborers, employed in any navy yard or naval reservation in Virginia from holding any office under the government of any city, town or county in the Commonwealth;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":288592,"text":"Any United States government clerk from holding any office under the government of any town or city;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":288593,"text":"Any person holding an office under the United States government from holding a position under the management and control of the State Board of Health;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":288594,"text":"Any state federal director of the Commonwealth in the employment service of the United States Department of Labor from holding the office of Commissioner of Labor of the Commonwealth;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":288595,"text":"Clerks and employees of the federal government engaged in the departmental service in Washington from acting as school trustees;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":288596,"text":"Any person, who is otherwise eligible, from serving as a member of the governing body or school board of any county, city or town, or as a member of any public body who is appointed by such governing body or school board, or as an appointive officer or employee of any county, city or town or the school board thereof;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":288597,"text":"Game management agents of the United States Fish and Wildlife Service or United States deputy game wardens from acting as special conservation police officers;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":288598,"text":"Any appointive state or local official or employee from serving, with compensation, on an advisory board of the federal government;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":288599,"text":"Any state or local law-enforcement officer from serving as a United States law-enforcement officer; however, this subdivision shall not be construed to authorize any law-enforcement officer to receive double compensation;","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":288600,"text":"Any United States law-enforcement officer from serving as a state or local law-enforcement officer when requested by the chief law-enforcement officer of the subject jurisdiction; however, this subdivision shall not be construed to authorize any law-enforcement officer to receive double compensation;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":288601,"text":"Any attorney for the Commonwealth or assistant attorney for the Commonwealth from serving as or performing the duties of a special assistant United States attorney or assistant United States attorney; however, this subdivision shall not be construed to authorize any attorney for the Commonwealth or assistant attorney for the Commonwealth to receive double compensation;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":288602,"text":"Any assistant United States attorney from serving as or performing the duties of an assistant attorney for the Commonwealth when requested by the attorney for the Commonwealth of the subject jurisdiction; however, this subdivision shall not be construed to authorize any assistant United States attorney to receive double compensation;","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":288603,"text":"Any elected state or local official from serving, without compensation, on an advisory board of the federal government; however, this subdivision shall not be construed to prohibit reimbursement for actual expenses;","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":288604,"text":"Sheriffs’ deputies from patrolling federal lands pursuant to contracts between federal agencies and local sheriffs;","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":288605,"text":"State judicial officers from performing acts or functions with respect to United States criminal proceedings when such acts or functions are authorized by federal law to be performed by state judicial officers; or","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":288606,"text":"Any member of the Armed Forces of the United States from serving on the Virginia Military Advisory Council or the Virginia Offshore Wind Development Authority.","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"B"},"23":{"id":288607,"text":"Nor shall \u00a7 2.2-2800 be construed to exclude:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A22","next_prefix":"B1"},"24":{"id":288608,"text":"A person to whom a pension has been granted by the United States or who receives retirement compensation in any manner from the United States, or any person receiving or entitled to receive benefits under the Federal Old-Age and Survivors’ Insurance System or under the Federal Railroad Retirement Act.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"25":{"id":288609,"text":"Officers or soldiers on account of the recompense they may receive from the United States when called out in actual duty.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":14612,"edition_id":1,"name":"General Provisions","identifier":"28","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 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03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},{"id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","metadata":false},{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},{"id":83200,"structure_id":14612,"section_number":"2.2-2803","catch_line":"Exception as to public officer or employee serving in the Selective Service System of the United States","url":"\/2.2-2803\/","token":"2.2\/I\/E\/28\/2.2-2803","metadata":false},{"id":86431,"structure_id":14612,"section_number":"2.2-2804","catch_line":"Selective Service compliance","url":"\/2.2-2804\/","token":"2.2\/I\/E\/28\/2.2-2804","metadata":false},{"id":69867,"structure_id":14612,"section_number":"2.2-2805","catch_line":"Members of armed forces; reserve 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bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},{"id":72502,"structure_id":14612,"section_number":"2.2-2814","catch_line":"How salaries, expenses and other allowances paid; time of payment","url":"\/2.2-2814\/","token":"2.2\/I\/E\/28\/2.2-2814","metadata":false},{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},{"id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred","url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","metadata":false},{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},{"id":85515,"structure_id":14612,"section_number":"2.2-2817.1","catch_line":"State agencies to 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coverage","url":"\/2.2-2818.1\/","token":"2.2\/I\/E\/28\/2.2-2818.1","metadata":false},{"id":64235,"structure_id":14612,"section_number":"2.2-2818.2","catch_line":"Application of mandates to the state employee health insurance plan","url":"\/2.2-2818.2\/","token":"2.2\/I\/E\/28\/2.2-2818.2","metadata":false},{"id":77915,"structure_id":14612,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","url":"\/2.2-2819\/","token":"2.2\/I\/E\/28\/2.2-2819","metadata":false},{"id":56145,"structure_id":14612,"section_number":"2.2-2820","catch_line":"Purchase of health insurance coverage by part-time state employees","url":"\/2.2-2820\/","token":"2.2\/I\/E\/28\/2.2-2820","metadata":false},{"id":83527,"structure_id":14612,"section_number":"2.2-2820.1","catch_line":"Repealed","url":"\/2.2-2820.1\/","token":"2.2\/I\/E\/28\/2.2-2820.1","metadata":false},{"id":76045,"structure_id":14612,"section_number":"2.2-2821","catch_line":"Workers' compensation insurance plan for state employees trust fund for payment of claims","url":"\/2.2-2821\/","token":"2.2\/I\/E\/28\/2.2-2821","metadata":false},{"id":82554,"structure_id":14612,"section_number":"2.2-2821.1","catch_line":"Leave for bone marrow or organ donation","url":"\/2.2-2821.1\/","token":"2.2\/I\/E\/28\/2.2-2821.1","metadata":false},{"id":66004,"structure_id":14612,"section_number":"2.2-2821.2","catch_line":"Leave for volunteer fire and volunteer emergency medical services","url":"\/2.2-2821.2\/","token":"2.2\/I\/E\/28\/2.2-2821.2","metadata":false},{"id":82416,"structure_id":14612,"section_number":"2.2-2821.3","catch_line":"Leave for volunteer 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reimbursement","url":"\/2.2-2825\/","token":"2.2\/I\/E\/28\/2.2-2825","metadata":false},{"id":86361,"structure_id":14612,"section_number":"2.2-2826","catch_line":"Travel expense accounts; review by Comptroller","url":"\/2.2-2826\/","token":"2.2\/I\/E\/28\/2.2-2826","metadata":false},{"id":66971,"structure_id":14612,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","url":"\/2.2-2827\/","token":"2.2\/I\/E\/28\/2.2-2827","metadata":false},{"id":72066,"structure_id":14612,"section_number":"2.2-2828","catch_line":"Repealed","url":"\/2.2-2828\/","token":"2.2\/I\/E\/28\/2.2-2828","metadata":false},{"id":68011,"structure_id":14612,"section_number":"2.2-2829","catch_line":"Disappearance of public officer; when office presumed vacant","url":"\/2.2-2829\/","token":"2.2\/I\/E\/28\/2.2-2829","metadata":false},{"id":74132,"structure_id":14612,"section_number":"2.2-2830","catch_line":"Governor to fill vacancy in any state office where no other provision is made by law; term of appointment; benefits","url":"\/2.2-2830\/","token":"2.2\/I\/E\/28\/2.2-2830","metadata":false},{"id":76461,"structure_id":14612,"section_number":"2.2-2831","catch_line":"Payment of severance benefits; exceptions","url":"\/2.2-2831\/","token":"2.2\/I\/E\/28\/2.2-2831","metadata":false},{"id":75582,"structure_id":14612,"section_number":"2.2-2832","catch_line":"Retaliatory actions against persons providing testimony before a committee or subcommittee of the General Assembly","url":"\/2.2-2832\/","token":"2.2\/I\/E\/28\/2.2-2832","metadata":false},{"id":78628,"structure_id":14612,"section_number":"2.2-2833","catch_line":"Possession of naloxone or other opioid antagonists by state agencies","url":"\/2.2-2833\/","token":"2.2\/I\/E\/28\/2.2-2833","metadata":false}],"previous_section":{"id":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},"next_section":{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2801\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 120; in 1958, chapter 414; in 1960, chapter 39; in 1962, chapter 247; in 1966, chapter 677; in 1968, chapter 788; in 1970, chapter 745; in 1972, chapters 356 and 405; in 1975, chapter 575; in 1978, chapters 83 and 420; in 1983, chapter 539; in 1984, chapter 110; in 1985, chapter 77; in 1988, chapters 361 and 901; in 2001, chapters 577<\/a> and 844<\/a>; in 2002, chapter 676<\/a>; in 2011, chapter 17<\/a>; in 2014, chapter 543<\/a>.<\/p>","references":false,"refers_to":[{"id":68109,"section_number":"2.2-2800","catch_line":"Disability to hold state office","order_by":null,"url":"\/2.2-2800\/"}],"permalink":{"id":175741,"object_type":"law","relational_id":80552,"identifier":"2.2-2801","token":"2.2\/I\/E\/28\/2.2-2801","url":"\/2.2-2801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","dublin_core":{"Title":"Disability to hold state office; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Section 2.2-2800<\/a> shall not be construed to prevent: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Members of Congress from acting as visitors of the University of Virginia or the Virginia Military Institute, or from holding offices in the militia; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> United States commissioners or United States census enumerators, supervisors, or the clerks under the supervisor of the United States census, or fourth-class or third-class postmasters, or United States caretakers of the Virginia National Guard, from acting as notaries, school board selection commission members, or supervisors, or from holding any district office under the government of any county, or the office of councilman of any town or city in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any United States rural mail carrier, or star route mail carrier from being appointed and acting as notary public or holding any county or district office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any civilian employee of the United States government from being appointed and acting as notary public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any United States commissioners or United States park commissioners from holding the office of commissioner in chancery<\/span>, bail<\/span> commissioner, jury<\/span> commissioner, commissioner of accounts, assistant commissioner of accounts, substitute or assistant civil justice, or assistant judge<\/span> of a municipal court<\/span> of any city or assistant judge<\/span> of a juvenile and domestic relations district court<\/span> of any city, or judge<\/span> of any county court<\/span> or juvenile and domestic relations district court<\/span> of any county, or the municipal court<\/span> or court<\/span> of limited jurisdiction<\/span>, by whatever name designated, of any incorporated town; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any person employed by, or holding office or a post of profit, trust or emolument, civil, legislative, executive or judicial, under the government of the United States, from being a member of the militia or holding office therein, or from being a member or director of any board, council, commission or institution of the Commonwealth who serves without compensation except one who serves on a per diem compensation basis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Foremen, quartermen, leading men, artisans, clerks or laborers, employed in any navy yard or naval reservation in Virginia from holding any office under the government of any city, town or county in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any United States government clerk from holding any office under the government of any town or city; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any person holding an office under the United States government from holding a position under the management and control of the State Board of Health; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any state federal director of the Commonwealth in the employment service of the United States Department of Labor from holding the office of Commissioner of Labor of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Clerks and employees of the federal government engaged in the departmental service in Washington from acting as school trustees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any person, who is otherwise eligible, from serving as a member of the governing body or school board of any county, city or town, or as a member of any public body who is appointed by such governing body or school board, or as an appointive officer or employee of any county, city or town or the school board thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Game management agents of the United States Fish and Wildlife Service or United States deputy game wardens from acting as special conservation police officers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any appointive state or local official or employee from serving, with compensation, on an advisory board of the federal government; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any state or local law<\/span>-enforcement officer from serving as a United States law<\/span>-enforcement officer; however, this subdivision shall not be construed to authorize any law<\/span>-enforcement officer to receive double compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Any United States law<\/span>-enforcement officer from serving as a state or local law<\/span>-enforcement officer when requested by the chief law<\/span>-enforcement officer of the subject jurisdiction<\/span>; however, this subdivision shall not be construed to authorize any law<\/span>-enforcement officer to receive double compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Any attorney for the Commonwealth or assistant attorney for the Commonwealth from serving as or performing the duties of a special assistant United States attorney or assistant United States attorney; however, this subdivision shall not be construed to authorize any attorney for the Commonwealth or assistant attorney for the Commonwealth to receive double compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Any assistant United States attorney from serving as or performing the duties of an assistant attorney for the Commonwealth when requested by the attorney for the Commonwealth of the subject jurisdiction<\/span>; however, this subdivision shall not be construed to authorize any assistant United States attorney to receive double compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Any elected state or local official from serving, without compensation, on an advisory board of the federal government; however, this subdivision shall not be construed to prohibit reimbursement for actual expenses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Sheriffs’ deputies from patrolling federal lands pursuant to contracts<\/span> between federal agencies and local sheriffs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> State judicial officers from performing acts or functions with respect to United States criminal proceedings when such acts or functions are authorized by federal law<\/span> to be performed by state judicial officers; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Any member of the Armed Forces of the United States from serving on the Virginia Military Advisory Council or the Virginia Offshore Wind Development Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nor shall \u00a7 2.2-2800<\/a> be construed to exclude: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A person to whom a pension has been granted by the United States or who receives retirement compensation in any manner from the United States, or any person receiving or entitled to receive benefits under the Federal Old-Age and Survivors’ Insurance System or under the Federal Railroad Retirement Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Officers or soldiers on account of the recompense they may receive from the United States when called out in actual duty. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISABILITY TO HOLD STATE OFFICE; EXCEPTIONS (\u00a7 2.2-2801)\n\nA. Section 2.2-2800 shall not be construed to prevent:\n\n 1. Members of Congress from acting as visitors of the University of Virginia\n or the Virginia Military Institute, or from holding offices in the militia;\n\n 2. United States commissioners or United States census enumerators,\n supervisors, or the clerks under the supervisor of the United States census,\n or fourth-class or third-class postmasters, or United States caretakers of the\n Virginia National Guard, from acting as notaries, school board selection\n commission members, or supervisors, or from holding any district office under\n the government of any county, or the office of councilman of any town or city\n in the Commonwealth;\n\n 3. Any United States rural mail carrier, or star route mail carrier from being\n appointed and acting as notary public or holding any county or district\n office;\n\n 4. Any civilian employee of the United States government from being appointed\n and acting as notary public;\n\n 5. Any United States commissioners or United States park commissioners from\n holding the office of commissioner in chancery, bail commissioner, jury\n commissioner, commissioner of accounts, assistant commissioner of accounts,\n substitute or assistant civil justice, or assistant judge of a municipal court\n of any city or assistant judge of a juvenile and domestic relations district\n court of any city, or judge of any county court or juvenile and domestic\n relations district court of any county, or the municipal court or court of\n limited jurisdiction, by whatever name designated, of any incorporated town;\n\n 6. Any person employed by, or holding office or a post of profit, trust or\n emolument, civil, legislative, executive or judicial, under the government of\n the United States, from being a member of the militia or holding office\n therein, or from being a member or director of any board, council, commission\n or institution of the Commonwealth who serves without compensation except one\n who serves on a per diem compensation basis;\n\n 7. Foremen, quartermen, leading men, artisans, clerks or laborers, employed in\n any navy yard or naval reservation in Virginia from holding any office under\n the government of any city, town or county in the Commonwealth;\n\n 8. Any United States government clerk from holding any office under the\n government of any town or city;\n\n 9. Any person holding an office under the United States government from\n holding a position under the management and control of the State Board of\n Health;\n\n 10. Any state federal director of the Commonwealth in the employment service\n of the United States Department of Labor from holding the office of\n Commissioner of Labor of the Commonwealth;\n\n 11. Clerks and employees of the federal government engaged in the departmental\n service in Washington from acting as school trustees;\n\n 12. Any person, who is otherwise eligible, from serving as a member of the\n governing body or school board of any county, city or town, or as a member of\n any public body who is appointed by such governing body or school board, or as\n an appointive officer or employee of any county, city or town or the school\n board thereof;\n\n 13. Game management agents of the United States Fish and Wildlife Service or\n United States deputy game wardens from acting as special conservation police\n officers;\n\n 14. Any appointive state or local official or employee from serving, with\n compensation, on an advisory board of the federal government;\n\n 15. Any state or local law-enforcement officer from serving as a United States\n law-enforcement officer; however, this subdivision shall not be construed to\n authorize any law-enforcement officer to receive double compensation;\n\n 16. Any United States law-enforcement officer from serving as a state or local\n law-enforcement officer when requested by the chief law-enforcement officer of\n the subject jurisdiction; however, this subdivision shall not be construed to\n authorize any law-enforcement officer to receive double compensation;\n\n 17. Any attorney for the Commonwealth or assistant attorney for the\n Commonwealth from serving as or performing the duties of a special assistant\n United States attorney or assistant United States attorney; however, this\n subdivision shall not be construed to authorize any attorney for the\n Commonwealth or assistant attorney for the Commonwealth to receive double\n compensation;\n\n 18. Any assistant United States attorney from serving as or performing the\n duties of an assistant attorney for the Commonwealth when requested by the\n attorney for the Commonwealth of the subject jurisdiction; however, this\n subdivision shall not be construed to authorize any assistant United States\n attorney to receive double compensation;\n\n 19. Any elected state or local official from serving, without compensation, on\n an advisory board of the federal government; however, this subdivision shall\n not be construed to prohibit reimbursement for actual expenses;\n\n 20. Sheriffs’ deputies from patrolling federal lands pursuant to\n contracts between federal agencies and local sheriffs;\n\n 21. State judicial officers from performing acts or functions with respect to\n United States criminal proceedings when such acts or functions are authorized\n by federal law to be performed by state judicial officers; or\n\n 22. Any member of the Armed Forces of the United States from serving on the\n Virginia Military Advisory Council or the Virginia Offshore Wind Development\n Authority.\n\nB. Nor shall \u00a7 2.2-2800 be construed to exclude:\n\n 1. A person to whom a pension has been granted by the United States or who\n receives retirement compensation in any manner from the United States, or any\n person receiving or entitled to receive benefits under the Federal Old-Age and\n Survivors’ Insurance System or under the Federal Railroad Retirement\n Act.\n\n 2. Officers or soldiers on account of the recompense they may receive from the\n United States when called out in actual duty.\n\nHISTORY: Code 1950, \u00a7 2-29; 1950, p. 101; 1952, c. 120; 1958, c. 414; 1960, c.\n39; 1962, c. 247; 1966, c. 677, \u00a7 2.1-33; 1968, c. 788; 1970, c. 745; 1971, Ex.\nSess., cc. 137, 143; 1972, cc. 356, 405; 1975, c. 575; 1978, cc. 83, 420; 1983,\nc. 539; 1984, c. 110; 1985, c. 77; 1988, cc. 361, 901; 2001, cc. 577, 844; 2002,\nc. 676; 2011, c. 17; 2014, c. 543.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}