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.
Notes of Decisions
Cited in
9
cases, 1966–2008 · leading case:
Hounshell v. White, 199 P.3d 636 (Ariz. Ct. App. 2008).
Hounshell v. White, 199 P.3d 636 (Ariz. Ct. App. 2008).
· cites it 13× “¶ 16 In removing the statutory requirement that certain office holders be bonded in favor of authorizing pooled coverage, but leaving unchanged the statute that permits a board of supervisors to require an additional bond at its discretion, the Legislature may have been…”
Johnson v. Collins, 464 P.2d 647 (Ariz. Ct. App. 1970).
· cites it 13× “The substance of both the motion to dismiss and the motion for summary judgment was that none of the conditions creating a vacancy, as enumerated in A.R.S. § 38-291, had occurred. By stipulation of the parties, the complaint was amended to include the following allegations:…”
Campbell v. Harris, 638 P.2d 1355 (Ariz. Ct. App. 1981).
· cites it 6× “Since our determination does not affect the status of any party, however, the result reached in the court below must be affirmed.”
State v. Oakley, 881 P.2d 366 (Ariz. Ct. App. 1994).
· cites it 4× “A.R.S. § 38-291(5) states that "[a]n office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office if the office is elective, the person holding the office ceasing to be a resident of the state, or, if the…”
State v. Heinze, 993 P.2d 1090 (Ariz. Ct. App. 1999).
· cites it 2× “or convicted of any felony involving moral tuipitude”); A.R.S. § 38-291(8) (1998) (public office shall be deemed vacant after "conviction of the person holding the office of a felony”); A.”
State Ex Rel. Smith v. Bohannan, 421 P.2d 877 (Ariz. 1966).
· cites it 2× “See A.R.S. § 38-291. In essence, it provides two consequences for its violation: (1) A fine or imprisonment and (2) disqualification from forever holding public office.”
Laos v. Arnold, 685 P.2d 111 (Ariz. 1984).
· cites it 2× “§ 38-296(A) 3 to provide that: “[ejxcept during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment may offer himself for nomination to election to any salaried local, state or federal office,” and…”
State v. Noel, 414 P.2d 162 (Ariz. Ct. App. 1966).
· cites it 2× “The right to hold public office, A.R.S. § 38-291. 12. Veterinarian License, A.”
Hoy v. State, 724 P.2d 35 (Ariz. Ct. App. 1984).
· cites it 4× “§ 38-211 indicates that the appointee is limited to serving out the unexpired term of his predecessor only if there is a vacancy—in all other instances he serves a full five-year term.”
— Ariz. Rev. Stat. § 38-291(5) — 2 cases
State v. Oakley, 881 P.2d 366 (Ariz. Ct. App. 1994).
“A.R.S. § 38-291(5) states that "[a]n office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office if the office is elective, the person holding the office ceasing to be a resident of the state, or, if the…”
Campbell v. Harris, 638 P.2d 1355 (Ariz. Ct. App. 1981).
“Since our determination does not affect the status of any party, however, the result reached in the court below must be affirmed.”
— Ariz. Rev. Stat. § 38-291(7) — 1 case
Johnson v. Collins, 464 P.2d 647 (Ariz. Ct. App. 1970).
“The substance of both the motion to dismiss and the motion for summary judgment was that none of the conditions creating a vacancy, as enumerated in A.R.S. § 38-291, had occurred. By stipulation of the parties, the complaint was amended to include the following allegations:…”
— Ariz. Rev. Stat. § 38-291(8) — 1 case
State v. Heinze, 993 P.2d 1090 (Ariz. Ct. App. 1999).
“or convicted of any felony involving moral tuipitude”); A.R.S. § 38-291(8) (1998) (public office shall be deemed vacant after "conviction of the person holding the office of a felony”); A.”
— Ariz. Rev. Stat. § 38-291(9) — 1 case
Hounshell v. White, 199 P.3d 636 (Ariz. Ct. App. 2008).
“¶ 16 In removing the statutory requirement that certain office holders be bonded in favor of authorizing pooled coverage, but leaving unchanged the statute that permits a board of supervisors to require an additional bond at its discretion, the Legislature may have been…”
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