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:

Terms Used In Arizona Laws 38-291

  • commission: means any office, board or commission of the state, or any political subdivision thereof, the salary or compensation of the incumbent or members of which is paid from a fund raised by taxation or by public revenue. See Arizona Laws 38-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

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.