It's a question several 11Alive viewers have asked pertaining to this election season -- is it legal for Secretary of State Brian Kemp to hold his office and run for governor?

Some Georgians say he must resign from his position. But what does the law say?

11Alive's Joe Henke is answering that question and verifying what the state constitution says.


Does Secretary of State Brian Kemp have to resign from his position while he runs for governor?


No – claims that this is a conflict of interest are false.


On Facebook, some viewers pointed out Article 2, Section 2 and the fifth paragraph of the Georgia Constitution, describing how an elected official in the state must resign if they qualify for another elected official.

The online posts end there, and you might believe Kemp needs to resign because he qualified to run for governor and won the Republican primary. But unlike the social media posts, the constitution continues.

It also reads the person must resign "if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office.

Read more from WXIA's website.