ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: ELEC DP 5-3-0-0 | 3^rd Read 16-14-0-0 House: GOV DP 6-3-0-0

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SB 1455: office vacancy; discharge of duties

Sponsor: Senator Shope, LD 16

House Engrossed

Overview

Modifies time frames in which an office is deemed vacant.

History

Under current law, an office held by an elected, appointed or contracted officer, before the expiration of a term of office, is considered vacant from and after:

1) the officer's death;

2) the officer is judicially determined to be insane;

3) the officer's resignation and the lawful acceptance of the resignation;

4) the officer's removal from office, board or commission;

5) the officer ceases to be a resident of the state, district, county, city, town or precinct;

6) the officer's absence from the state for a period of three consecutive months without permission of the Legislature;

7) the officer ceases to discharge the duties of the office for the period of three consecutive months;

8) the officer's conviction of a felony or an offense involving a violation of their official duties;

9) the officer's failure to file their official oath within the time prescribed by law;

10) a decision of a competent tribunal declaring void the election or appointment of the officer elected or appointed to the office;

11) failure of an officer to be elected or appointed to the office; and

12) the incumbent officer offers themselves for nomination or election to any salaried local, state or federal office (A.R.S. § 38-291).

However, statute does note that if a person serving in an elective office receives an order for active military duty for at least three months but less than the remainder of the officer's term, the office may be temporarily vacated. A temporary replacement may be appointed and serve until the person returns from active military duty or until the expiration of the person's term of office (A.R.S. § 38-300).  

Provisions

1. Decreases the consecutive amount of time a public officer may cease duties before the office is deemed vacant from 3 months to 45 days, except for Legislative members. (Sec. 1)

2. Modifies the consecutive time an office is deemed vacant for a public officer receiving orders for active military duty from 3 months to 45 days. (Sec. 2)

3. Makes technical and conforming changes. (Sec. 1)

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7.                   SB 1455

8. Initials FK/BSR     Page 0 House Engrossed

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