43-209. VACANCIES. (1) Each director shall meet the qualification requirements of section 43-201(3), Idaho Code, during his term of office. Each director shall notify the other directors if circumstances change so that he will no longer meet those requirements during his term of office, or if any of the events specified in section 59-901, Idaho Code, are occurring or have occurred. The remaining directors shall have the authority to determine whether a vacancy in the office of director has occurred upon the director no longer qualifying to serve as a director as provided in section 43-201(3), Idaho Code, or upon the occurrence of any of the events specified in section 59-901, Idaho Code.
(2) If the remaining directors determine that a vacancy in the office of director has occurred as provided in subsection (1) of this section, the remaining directors shall, by resolution, declare that the vacancy shall be filled as herein provided. The remaining directors may allow the disqualified director to remain in office temporarily until his successor is appointed or elected if they determine that they will be unable to conduct the district’s affairs without a director serving in that office. The disqualified director shall not remain in office after the district’s next regular election.
(3) After declaring a vacancy, the remaining directors shall fill such vacancy by appointing thereto a qualified elector under the provisions of section 43-201, Idaho Code. A director appointed to fill a vacancy shall take and subscribe the official oath and execute a bond if one is required in the case of an elected director under section 43-202, Idaho Code, and shall hold his office until the next regular election of said district, at which election a director shall be elected for the remainder of the unexpired term.
(4) Any person filling a vacancy as herein provided shall possess all the rights and powers and is subject to all the liabilities, duties and obligations of the office filled.
History:
[(43-209) 1903, p. 150, part of sec. 6; am. 1907, p. 484, sec. 1, part of subd. 6; reen. R.C., sec. 2380; am. 1915, ch. 87, sec. 1, p. 205; reen. C.L., sec. 2380b; C.S., sec. 4338; I.C.A., sec. 42-209; am. 1953, ch. 130, p. 206; am. 2014, ch. 70, sec. 1, p. 177; am. 2014, ch. 71, sec. 3, p. 179; am. 2021, ch. 111, sec. 1, p. 353.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 2 - ELECTION OF DIRECTORS
Section 43-201 - ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS.
Section 43-201A - WHEN ELECTION NOT REQUIRED.
Section 43-202 - DIRECTOR’S OATH AND BOND.
Section 43-203 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PETITION.
Section 43-204 - INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION.
Section 43-204A - INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Section 43-204B - BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED.
Section 43-205 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PROCEDURE FOLLOWING ELECTION.
Section 43-206 - NOTICE OF ELECTION — APPOINTMENT OF JUDGES.
Section 43-207 - CONDUCT OF ELECTION.
Section 43-208 - CANVASS OF RETURNS.
Section 43-210 - VOTING AND COUNT OF BALLOTS.
Section 43-211 - DISPOSAL OF BALLOTS.
Section 43-212 - INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS.
Section 43-213 - STATEMENT OF RESULT.
Section 43-214 - INITIATING RECALL PROCEEDINGS — STATEMENT — CONTENTS — VERIFICATION — DEFINITIONS.
Section 43-215 - PETITION — WHERE FILED.
Section 43-216 - BALLOT SYNOPSIS.
Section 43-217 - DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS.
Section 43-218 - FILING SUPPORTING SIGNATURES — TIME LIMITATIONS.
Section 43-219 - PETITION — FORM.
Section 43-220 - PETITION — SIZE.
Section 43-221 - NUMBER OF SIGNATURES REQUIRED.
Section 43-222 - CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE.
Section 43-223 - VERIFICATION AND CANVASS OF SIGNATURES — PROCEDURE.
Section 43-224 - FIXING DATE FOR RECALL ELECTION — NOTICE.
Section 43-225 - RESPONSE TO PETITION CHARGES.
Section 43-226 - DESTRUCTION OF INSUFFICIENT RECALL PETITION.
Section 43-227 - INVALID NAMES — RECORD OF.
Section 43-228 - CONDUCT OF ELECTION — FORM OF BALLOT.
Section 43-229 - ASCERTAINING THE RESULT — WHEN RECALL EFFECTIVE.
Section 43-230 - ENFORCEMENT PROVISIONS — MANDAMUS — APPEALS.