128-2. Holding office contrary to the Constitution; penalty.
If any person presumes to hold any office, or place of trust or profit, or is elected to a seat in either house of the General Assembly, contrary to Article VI, Sec. 9 of the North Carolina Constitution, he shall forfeit all rights and emoluments incident thereto. (1790, c. 319, P.R.; 1792, c. 366, P.R.; 1793, c. 393, P.R.; 1796, c. 450, P.R.; 1811, c. 811, P.R.; R.C., c. 77, s. 1; Code, s. 1870; Rev., s. 2365; C.S., s. 3201; Ex. Sess., 1924, c. 110; 1971, c. 697, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 128 - Offices and Public Officers
Article 1 - General Provisions.
§ 128-1 - No person shall hold more than one office; exception.
§ 128-1.1 - Dual-office holding allowed.
§ 128-1.2 - Ex officio service by county and city representatives and officials.
§ 128-2 - Holding office contrary to the Constitution; penalty.
§ 128-3 - Bargains for office void.
§ 128-4 - Receiving compensation of subordinates for appointment or retention; removal.
§ 128-5 - Oath required before acting; penalty.
§ 128-6 - Persons admitted to office deemed to hold lawfully.
§ 128-7 - Officer to hold until successor qualified.
§ 128-7.1 - Failure to qualify creates vacancy.
§ 128-7.2 - Qualifications for appointment to fill vacancy in elective office.
§ 128-10 - Citizen to recover funds of county or town retained by delinquent official.
§ 128-11 - Trust funds to be kept separate.
§ 128-12 - Violations to be reported; misdemeanors.
§ 128-14 - Identification cards for field agents or deputies of State departments.
§ 128-15 - Employment preference for veterans and their spouses or surviving spouses.
§ 128-15.2 - Appointment of acting heads of certain agencies.