236.010 Causes
for vacancies in office.
(1) An office shall become vacant before the expiration of the term if:
(a) The incumbent
dies, resigns or is removed.
(b) The incumbent
ceases to be an inhabitant of the district, county or city for which the
incumbent was elected or appointed, or within which the duties of the office of
the incumbent are required to be discharged.
(c) The incumbent
is convicted of an infamous crime, or any offense involving the violation of
the oath of the incumbent.
(d) The incumbent
refuses or neglects to take the oath of office, or to give or renew the
official bond of the incumbent, or to deposit such oath or bond within the time
prescribed by law.
(e) The election
or appointment of the incumbent is declared void by a competent tribunal.
(f) The incumbent
is found to be a person with a mental illness by the decision of a competent
tribunal.
(g) The incumbent
ceases to possess any other qualification required for election or appointment
to such office.
(h) Appointment
of the incumbent is subject to Senate confirmation under section 4, Article III
of the Oregon Constitution, and the appointment is not confirmed.
(2) The
provisions of subsection (1)(b) of this section do not apply when residence
within the district, county or city for which the incumbent was elected or
appointed is not required for such election or appointment. [Amended by 1969
c.669 §3; 1979 c.351 §3; 2007 c.70 §56]
Notes of Decisions
State ex rel Rosenblum v. Nisley, 473 P.3d 46 (Or. 2020).
· cites it 27× “Both parties agree that the answer to that ques- tion turns on whether the office became “vacant”—within the meaning of ORS 236.010—at the onset of respondent’s 60-day suspension.”
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
· cites it 57× “215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
State Ex Rel. O'Hara v. Appling, 334 P.2d 482 (Or. 1959).
· cites it 2× “” It is provided by ORS 236.010: “An office shall become vacant before the expiration of the term if: (1) the incumbent dies, resigns or is removed.”
Nisley v. Rosenblum (D. Or. 2022).
· cites it 5× “§ 236.010(1)(g).2 (Am. Compl. ¶¶ 11- 12.) Boss also advised the Governor to “take ‘immediate action’ to appoint a successor,” and suggested that Rosenblum’s office was prepared to discharge Nisley’s responsibilities.”
Nisley v. Rosenblum (D. Or. 2022).
· cites it 5× “§ 236.010(1)(g).2 (SAC ¶¶ 9-12, 39.) Boss’s letter also advised the Governor to “take ‘immediate action’ to appoint a successor,” and suggested that Rosenblum’s office was prepared to discharge Nisley’s responsibilities.”
— Or. Rev. Stat. § 236.010(1) — 2 cases
State ex rel Rosenblum v. Nisley, 473 P.3d 46 (Or. 2020).
“Both parties agree that the answer to that ques- tion turns on whether the office became “vacant”—within the meaning of ORS 236.010—at the onset of respondent’s 60-day suspension.”
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
“215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
— Or. Rev. Stat. § 236.010(1)(a) — 1 case
State ex rel Rosenblum v. Nisley, 473 P.3d 46 (Or. 2020).
“Both parties agree that the answer to that ques- tion turns on whether the office became “vacant”—within the meaning of ORS 236.010—at the onset of respondent’s 60-day suspension.”
— Or. Rev. Stat. § 236.010(1)(b) — 2 cases
State ex rel Rosenblum v. Nisley, 473 P.3d 46 (Or. 2020).
“Both parties agree that the answer to that ques- tion turns on whether the office became “vacant”—within the meaning of ORS 236.010—at the onset of respondent’s 60-day suspension.”
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
“215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
— Or. Rev. Stat. § 236.010(1)(g) — 3 cases
State ex rel Rosenblum v. Nisley, 473 P.3d 46 (Or. 2020).
“Both parties agree that the answer to that ques- tion turns on whether the office became “vacant”—within the meaning of ORS 236.010—at the onset of respondent’s 60-day suspension.”
Nisley v. Rosenblum (D. Or. 2022).
“§ 236.010(1)(g).2 (Am. Compl. ¶¶ 11- 12.) Boss also advised the Governor to “take ‘immediate action’ to appoint a successor,” and suggested that Rosenblum’s office was prepared to discharge Nisley’s responsibilities.”
Nisley v. Rosenblum (D. Or. 2022).
“§ 236.010(1)(g).2 (SAC ¶¶ 9-12, 39.) Boss’s letter also advised the Governor to “take ‘immediate action’ to appoint a successor,” and suggested that Rosenblum’s office was prepared to discharge Nisley’s responsibilities.”
— Or. Rev. Stat. § 236.010(1)(h) — 1 case
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
“215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
— Or. Rev. Stat. § 236.010(l)(b) — 1 case
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
“215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
— Or. Rev. Stat. § 236.010(l)(h) — 1 case
State, Ex Rel. Adams v. Powell, 15 P.3d 54 (Or. Ct. App. 2000).
“215(1) permits only qualified commissioners to hold over until a successor is appointed and that a person whose confirmation has been rejected is not qualified due to the provisions of ORS 236.010, which prescribes the qualifications for all offices.”
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