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Can an Army captain run for civilian office?

The [North Carolina] state Board of Elections is investigating whether a Democratic candidate for lieutenant governor is qualified to run for the office, a board attorney says.

Curtis Hert Jr., who is challenging Lt. Gov. Beverly Perdue in the July 20 primary, lists his mother's street address in High Point as his home. Hert, 35, however, is actually an Army captain and assistant chaplain stationed at Fort Benning, Ga., according to his mother, Georgia Hert.

Nothing in North Carolina law prevents an active duty serviceman from filing or holding state office, but federal language appears to have such restrictions.

Don Wright, the election board attorney, said a section of the U.S. Code prohibits active military officers from holding elective office. He also cited a Department of Defense directive that he said prohibits any member of the military from being a candidate or from holding civil office. -- N.C. elections board investigating lieutenant governor candidate (AP via WVEC.com)