59-901. 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.
History:
[(59-901) 1890-1891, p. 57, sec. 169; reen. 1899, p. 67, sec. 1; am. R.C., sec. 317; reen. C.L., sec. 317; C.S., sec. 453; I.C.A., sec. 57-901; am. 2012, ch. 209, sec. 1, p. 564.]
Structure Idaho Code
Title 59 - PUBLIC OFFICERS IN GENERAL
Chapter 9 - RESIGNATIONS AND VACANCIES
Section 59-901 - HOW VACANCIES OCCUR.
Section 59-902 - RESIGNATIONS.
Section 59-903 - NOTICE OF REMOVAL TO APPOINTING OFFICER.
Section 59-904 - STATE OFFICES — VACANCIES, HOW FILLED AND CONFIRMED.
Section 59-904A - LEGISLATURE — VACANCIES, HOW FILLED.
Section 59-905 - OTHER STATE OFFICES — COUNTY AND CITY OFFICES — VACANCIES, HOW FILLED.
Section 59-906 - COUNTY OFFICES — VACANCIES.
Section 59-906A - BOARD OF COUNTY COMMISSIONERS — VACANCIES — HOW FILLED.
Section 59-908 - RESIDENCE OF APPOINTED COMMISSIONER.
Section 59-910 - UNITED STATES SENATOR — VACANCIES, HOW FILLED.
Section 59-911 - REPRESENTATIVE IN CONGRESS — VACANCIES, HOW FILLED.
Section 59-912 - VACANCIES NOT OTHERWISE PROVIDED FOR — HOW FILLED.
Section 59-913 - APPOINTMENTS TO BE IN WRITING.
Section 59-914 - ASSUMPTION OF OFFICE — TENURE IN OFFICE.
Section 59-915 - VACANCY IN OFFICE — POSSESSION PENDING QUALIFICATION OF SUCCESSOR.