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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
REVISED
office vacancy; discharge of duties
Purpose
Decreases, from 3 months to 45 days, the consecutive amount of time that a public officer may cease their duties before the office is deemed vacant.
Background
Every officer must be at least 18 years of age, a citizen of the United States and a resident of Arizona (A.R.S. § 38-201).
Statute outlines events that lead to the vacancy of an office. An office is deemed vacant after: 1) the death of the person holding office; 2) judicially determined insanity of the person holding office; 3) resignation of the person holding office; 4) removal of the person holding office; and 5) the officer ceases to be a resident of Arizona or a resident of the district, county, city, town or precinct in which the officer was elected. An officer may cease their duties for three consecutive months before the office is deemed vacant. If an officer receives orders for active-duty military service that is projected to occur for at least three months but less than the remainder of the officer's term, the office may be temporarily vacated (A.R.S. § 38-291). A replacement for the officer may be appointed and must serve until the officer returns from active military duty or until the expiration of the officer's term in office (A.R.S. § 38-300). If an officer is removed from office, the body, judge or officer that the proceedings were held before must notify a replacement for the officer of the vacancy (A.R.S. § 38-292).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Decreases, from 3 months to 45 days, the consecutive amount of time a public officer may cease the officer's duties for before the office is deemed vacant.
2. Exempts members of the Legislature from the prescribed time frame relating to vacancy of office.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Revision
· Corrects a technical error.
Prepared by Senate Research
February 13, 2023
AN/CS/slp