Idaho § 59-901 - How vacancies occur
Full text of Idaho Idaho Statutes § 59-901 — How vacancies occur, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Idaho § 59-901
What does Idaho Statutes § 59-901 cover?
Section 59-901 ("How vacancies occur") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 59-901?
A common citation format is "Idaho Statutes § 59-901" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 59-901 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.