Arizona Revised Statutes

Ariz. Rev. Stat. § 16-230 (2026)

Vacancy in certain state or county offices; election

✓ current as of May 2026

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A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four-year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:

1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election. A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office.

C. This section does not apply to the office of governor.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2004–2024 · leading case: Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013).

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Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013). · cites it 3× “”) Although § 16-230 does not expressly apply to city elections, city or town elections "shall conform to the provisions of law relating to the general election of county officers as nearly as possible.”

Carl Seel v. Tim Sifert (Ariz. 2004). · cites it 8× “A.R.S. § 16-230(A)(1). ¶9 Sifert contends that the language of Article 15, Section 1(C) — “shall fill the vacancy until .”

Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024). · cites it 4× “Legislative Immunity ¶6 Garibay and Pima County assert the Board’s appointment decision, pursuant to A.R.S. § 16-230(A)(2), is entitled to absolute legislative immunity under A.”

Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024). · cites it 4× “Legislative Immunity ¶6 Garibay and Pima County assert the Board’s appointment decision, pursuant to A.R.S. § 16-230(A)(2), is entitled to absolute legislative immunity under A.”

— Ariz. Rev. Stat. § 16-230(A)(1) — 1 case

Carl Seel v. Tim Sifert (Ariz. 2004). “A.R.S. § 16-230(A)(1). ¶9 Sifert contends that the language of Article 15, Section 1(C) — “shall fill the vacancy until .”

— Ariz. Rev. Stat. § 16-230(A)(2) — 2 cases

Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024). “Legislative Immunity ¶6 Garibay and Pima County assert the Board’s appointment decision, pursuant to A.R.S. § 16-230(A)(2), is entitled to absolute legislative immunity under A.”

Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024). “Legislative Immunity ¶6 Garibay and Pima County assert the Board’s appointment decision, pursuant to A.R.S. § 16-230(A)(2), is entitled to absolute legislative immunity under A.”

— Ariz. Rev. Stat. § 16-230(B) — 1 case

Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013). “”) Although § 16-230 does not expressly apply to city elections, city or town elections "shall conform to the provisions of law relating to the general election of county officers as nearly as possible.”

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