2.2-2801 - Disability to hold state office; exceptions.
§ 2.2-2801. Disability to hold state office; exceptions.
A. Section 2.2-2800 shall not be construed to prevent:
1. Members of Congress from acting as visitors of the University of Virginiaor the Virginia Military Institute, or from holding offices in the militia;
2. 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 ofthe Virginia National Guard, from acting as notaries, school board selectioncommission members, or supervisors, or from holding any district office underthe government of any county, or the office of councilman of any town or cityin the Commonwealth;
3. Any United States rural mail carrier, or star route mail carrier frombeing appointed and acting as notary public or holding any county or districtoffice;
4. Any civilian employee of the United States government from being appointedand acting as notary public;
5. Any United States commissioners or United States park commissioners fromholding the office of commissioner in chancery, bail commissioner, jurycommissioner, commissioner of accounts, assistant commissioner of accounts,substitute or assistant civil justice, or assistant judge of a municipalcourt of any city or assistant judge of a juvenile and domestic relationsdistrict court of any city, or judge of any county court or juvenile anddomestic relations district court of any county, or the municipal court orcourt of limited jurisdiction, by whatever name designated, of anyincorporated town;
6. Any person employed by, or holding office or a post of profit, trust oremolument, civil, legislative, executive or judicial, under the government ofthe United States, from being a member of the militia or holding officetherein, or from being a member or director of any board, council, commissionor institution of the Commonwealth who serves without compensation except onewho serves on a per diem compensation basis;
7. Foremen, quartermen, leading men, artisans, clerks or laborers, employedin any navy yard or naval reservation in Virginia from holding any officeunder the government of any city, town or county in the Commonwealth;
8. Any United States government clerk from holding any office under thegovernment of any town or city; or from being appointed as special policemanfor a county by the circuit court or judge thereof as provided for in §15.2-1737;
9. Any person holding an office under the United States government fromholding a position under the management and control of the State Board ofHealth;
10. Any state federal director of the Commonwealth in the employment serviceof the United States Department of Labor from holding the office ofCommissioner of Labor of the Commonwealth;
11. Clerks and employees of the federal government engaged in thedepartmental service in Washington from acting as school trustees;
12. Any person, who is otherwise eligible, from serving as a member of thegoverning body or school board of any county, city or town, or as a member ofany public body who is appointed by such governing body or school board, oras an appointive officer or employee of any county, city or town or theschool board thereof;
13. Game management agents of the United States Fish and Wildlife Service orUnited States deputy game wardens from acting as special conservation policeofficers;
14. Any appointive state or local official or employee from serving, withcompensation, on an advisory board of the federal government;
15. Any state or local law-enforcement officer from serving as a UnitedStates law-enforcement officer; however, this subdivision shall not beconstrued to authorize any law-enforcement officer to receive doublecompensation;
16. Any United States law-enforcement officer from serving as a state orlocal law-enforcement officer when requested by the chief law-enforcementofficer of the subject jurisdiction; however, this subdivision shall not beconstrued to authorize any law-enforcement officer to receive doublecompensation;
17. Any attorney for the Commonwealth or assistant attorney for theCommonwealth from serving as or performing the duties of a special assistantUnited States attorney or assistant United States attorney; however, thissubdivision shall not be construed to authorize any attorney for theCommonwealth or assistant attorney for the Commonwealth to receive doublecompensation;
18. Any assistant United States attorney from serving as or performing theduties of an assistant attorney for the Commonwealth when requested by theattorney for the Commonwealth of the subject jurisdiction; however, thissubdivision shall not be construed to authorize any assistant United Statesattorney to receive double compensation;
19. Any elected state or local official from serving, without compensation,on an advisory board of the federal government; however, this subdivisionshall not be construed to prohibit reimbursement for actual expenses;
20. Sheriffs' deputies from patrolling federal lands pursuant to contractsbetween federal agencies and local sheriffs;
21. State judicial officers from performing acts or functions with respect toUnited States criminal proceedings when such acts or functions are authorizedby federal law to be performed by state judicial officers; or
22. Any member of the Armed Forces of the United States from serving on theVirginia Military Advisory Council.
B. Nor shall § 2.2-2800 be construed to exclude:
1. A person to whom a pension has been granted by the United States or whoreceives retirement compensation in any manner from the United States, or anyperson receiving or entitled to receive benefits under the Federal Old-Ageand Survivors' Insurance System or under the Federal Railroad Retirement Act.
2. Officers or soldiers on account of the recompense they may receive fromthe United States when called out in actual duty.
(Code 1950, § 2-29; 1950, p. 101; 1952, c. 120; 1958, c. 414; 1960, c. 39;1962, c. 247; 1966, c. 677, § 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.)