38-291. Vacancy defined

296 words·~1 min read·/az/title-38/38-291

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:

1. Death of the person holding the office.

2. Insanity of the person holding the office, when judicially determined.

3. Resignation of the person holding the office and the lawful acceptance of the resignation.

4. Removal from office of the person holding the office, including the removal of a board or commission member by the appointing power before the expiration of the person's term of office.

5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which the person was elected, or within which the duties of the person's office are required to be discharged.

6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.

7. The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.

8. Conviction of the person holding the office of a felony or an offense involving a violation of the person's official duties.

9. Failure of the person elected or appointed to the office to file the person's official oath within the time prescribed by law.

10. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.

11. Failure of a person to be elected or appointed to the office.

12. A violation of section 38-296 by the person holding the office.