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REFERENCE TITLE: office vacancy; discharge of duties |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1455 |
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Introduced by Senator Shope
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An Act
amending sections 38-291 and 38-300, Arizona Revised Statutes; relating to vacancy in office.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-291, Arizona Revised Statutes, is amended to read:
38-291. Vacancy defined
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:
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 this 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 this state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.
7. except for a legislative office, the person holding the office ceasing to discharge the duties of office for the period of three forty-five consecutive months days.
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.
Sec. 2. Section 38-300, Arizona Revised Statutes, is amended to read:
38-300. Temporary vacancy resulting from military service; elective office
Notwithstanding section 38-291, paragraph 7, if a person serving in an elective office of this state other than the governor, or a political subdivision of this state, receives orders for active military duty and the period of active duty is projected to continue for at least three months forty-five consecutive days but less than the remainder of the officer's term of office, the office may be temporarily vacated. A temporary replacement may be appointed in the same manner as prescribed by law for a permanent replacement. The temporary appointee shall serve until the officer returns from active military duty or until the expiration of the officer's term of office, whichever occurs first.