Idaho Code
Idaho Code

Idaho Code § 59-901 (2026)

How vacancies occur. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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How vacancies occur. 

(1) Every elective civil office shall be vacant upon the happening of any of the following events at any time before the expiration of the term of such office, as follows:

(a)  The resignation of the incumbent.
(b)   The death of the incumbent.
(c)  Removal of the incumbent from office by lawful procedure.
(d)  The decision of a competent tribunal declaring an elective office vacant due to apparent abandonment or prolonged incapacity or absence, or other basis as determined by the tribunal, provided such apparent abandonment, prolonged incapacity, absence or other basis is in excess of ninety (90) days.
(e)   The incumbent ceasing to be a resident of the state, district or county in which the duties of his office are to be exercised, or for which he may have been elected.
(f)  A failure to elect someone at the proper election, there being no incumbent to continue in office until a successor is elected and qualified, nor other lawful provisions for filling an elective office.
(g)  A forfeiture of elective office as provided by any law of the state.
(h)  Conviction of an incumbent officeholder of any felony, or of any public offense involving the violation of his oath of office.
(i)  The acceptance of a commission to any military office, either in the militia of this state, or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the state for a period of not less than sixty (60) days.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1967–2025 · leading case: City of Huetter v. Keene, 244 P.3d 157 (Idaho 2010).
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City of Huetter v. Keene, 244 P.3d 157 (Idaho 2010). · cites it 4× “Idaho Code § 59-901 provides: Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows: 1.”
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). · cites it 68× “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). · cites it 68× “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Fitzpatrick v. Welch, 527 P.2d 313 (Idaho 1974). · cites it 2× “I.C. §§ 59-901, 59-902. Idaho Code § 59-902 provides in pertinent part: “Such resignation shall not take effect until accepted by the board or officer to whom the same is made.”
Jordan v. Pearce, 429 P.2d 419 (Idaho 1967). “9, Organic Act applied only to justices of the territorial Supreme Court, now extinct, and I.C. § 1-702 applies only to appointed district judges.”
Bone v. Duclos, 494 P.2d 1033 (Idaho 1972). · cites it 6× “Heitman’s death on December 14, 1970, a vacancy existed in the office of county commissioner (I.C. § 59-901), 1 and that the then incumbent governor was vested with the authority to appoint Bone to fill that vacancy.”
Clements v. Clark Cnty., No. 4:23-cv-00244 (D. Idaho Sept. 3, 2025). · cites it 2× “Clements could only be “terminated” as sheriff under Idaho Code § 59-901 or § 63-1405. Importantly, the commissioners would not be involved in such a termination, apart from suspending Clements pending a final adjudication in accordance with § 63-1405.”
Idaho Code § 59-901(1): 2 cases
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Idaho Code § 59-901(1)(e): 2 cases
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Idaho Code § 59-901(4): 1 case
City of Huetter v. Keene, 244 P.3d 157 (Idaho 2010). “Idaho Code § 59-901 provides: Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows: 1.”
Idaho Code § 59-901(e): 2 cases
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
Sanchez v. City of Boise, No. 51263 (Idaho June 23, 2025). “Idaho Code section 59-901 outlines a variety of ways an elected official’s seat may be vacated.”
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