Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office.
(1971, c. 201, s. 1; c. 1141, s. 1.)
History Note. - The provisions of this section are similar to those of the first clause of Art. VI, § 7, Const. 1868, as that article was rewritten in 1900.
Legal Periodicals. - For note, "Baker v. Martin and the Constitutionality of Partisan Qualifications for Appointment to District Courts," see 70 N.C.L. Rev. 1916 (1992).
CASE NOTES
Legislature Cannot Increase Qualifications. - The legislature cannot add to the constitutional disqualifications to hold office by requiring candidates for the position of recorder in a municipal court to be licensed attorneys at law. State ex rel. Spruill v. Bateman, 162 N.C. 588, 77 S.E. 768 (1913), decided under former Art. VI, § 7, Const. 1868, as rewritten in 1900.
The words "by the people" make it clear the section refers to the process of election. Baker v. Martin, 330 N.C. 331, 410 S.E.2d 887 (1991).
Section Refers to Election to Office. - The history of this section supports the conclusion that it is meant to refer to an "election to office" situation rather than to appointment to an "elective office." Baker v. Martin, 330 N.C. 331, 410 S.E.2d 887 (1991).
Women as Public Officers. - A woman is qualified to act as a notary public since the adoption of U.S. Const., Amend. XIX, and also to pass upon the proper probate of a deed to lands and make a valid certificate for its registration, when thereto deputized by the clerk of the superior court. Preston v. Roberts, 183 N.C. 62, 110 S.E. 586 (1922), decided under former Art. VI, § 7, Const. 1868, as rewritten in 1900; for the former rule, see State ex rel. Attorney-General v. Knight, 169 N.C. 333, 85 S.E. 418 (1915).
Subsection (a) of this section imposes an unconstitutional additional qualification for election to office, contrary to the provisions of this section. Moore v. Knightdale Bd. of Elections, 331 N.C. 1, 413 S.E.2d 541 (1992).
Preference May Be Given to Political Party of Vacating Judge. - Section 7A-142, which provides that candidates for a vacancy in the office of a district judge shall be members of the same political party as the vacating judge, does not violate the Constitution of North Carolina. Baker v. Martin, 330 N.C. 331, 410 S.E.2d 887 (1991).
Cited in Royal v. State, 153 N.C. App. 495, 570 S.E.2d 738 (2002).
Opinions of Attorney General
Qualifications are for "elective office"; thus, a sheriff's deputy need not reside in the county in which he serves. See opinion of Attorney General to Sheriff John H. Stockard, 41 N.C.A.G. 754 (1972).
A person must be 21 years old by the date of the general election in order to be elected to the House of Representatives. See opinion of Attorney General to Mr. William R. Gilkeson, Jr., Staff Attorney, Research Division, Legislative Services Office, North Carolina General Assembly, 1999 N.C. AG LEXIS 33 (11/3/99).