Title 59, PUBLIC OFFICERS IN GENERAL

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) Remov…

59-902. Resignations. Resignations of civil offices must be in writing, and may be made as follows: 1. By the governor, or the lieutenant governor, to the legislature, if in session; if not, to the secretary of state. 2. By senators and representatives in congress, and by all oth…

59-903. Notice of removal to appointing officer. Whenever an officer is removed, convicted of any infamous crime or offense involving a violation of his oath of office, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedin…

59-904. State offices — Vacancies, how filled and confirmed. (a) All vacancies in any state office, and in the supreme and district courts, unless otherwise provided for by law, shall be filled by appointment by the governor. Appointments to fill vacancies pursuant to this sectio…

59-904A. Legislature — Vacancies, how filled. In the event of a vacancy in the house of representatives or senate of the state of Idaho, such vacancy shall be filled as herein provided. The legislative district committee of the same political party, if any, of the former member w…

59-905. Other state offices — County and city offices — Vacancies, how filled. Vacancies shall be filled in the following manner: In the office of the clerk of the Supreme Court, by the Supreme Court. In all other state offices, and in the membership of any board or commission cr…

59-906. County offices — Vacancies. (1) Except as provided in subsection (2) of this section, all vacancies in any county office of any of the several counties of the state, except that of the county commissioners (who shall be appointed by the governor), shall be filled by appoi…

59-906A. Board of county commissioners — Vacancies — How filled. In the event of a vacancy on a board of county commissioners, such vacancy shall be filled as herein provided. The county central committee of the same political party, if any, of the former member whose seat is vac…

59-907. Prosecuting attorney — Vacancy — Residency — Contracting with another prosecuting attorney. (1) In the event a vacancy exists and there are three (3) or fewer resident attorneys in the county who are willing and qualified to perform the functions of prosecuting attorney a…

59-908. Residence of appointed commissioner. Whenever the governor appoints a county commissioner to fill a vacancy in any county, he shall appoint a person who is a resident of the commissioner district of the county in which the vacancy exists.

59-910. United States senator — Vacancies, how filled. Whenever any vacancy shall occur in the office of United States senator from the state of Idaho by death, resignation or otherwise, the governor shall have the power and is hereby authorized and empowered to fill such vacancy…

59-911. Representative in congress — Vacancies, how filled. Whenever any vacancy shall occur in the office of representative in congress from the state, it shall be the duty of the governor to appoint a day to hold an election, subject to the provisions of section 34-106, Idaho C…

59-912. Vacancies not otherwise provided for — How filled. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the governor must fill such vacancy by appointment.

59-913. Appointments to be in writing. Appointments under the provisions of this chapter shall be in writing, and continue until a successor is selected and qualified, and be filed with the secretary of state, or proper county auditor, respectively.

59-914. Assumption of office — Tenure in office. Any of the said officers that may be elected to fill vacancies may qualify and enter upon the discharge of the duties of their offices immediately thereafter; and, they may hold the same during the unexpired term for which they wer…

59-915. Vacancy in office — Possession pending qualification of successor. When a vacancy occurs in a public office, the office and duties shall be assumed until the election or appointment and qualification of a successor as follows: (1) Of the office of the county clerk, audito…

59-916. Powers and duties of appointee. Any person elected or appointed to fill a vacancy, after filing his official oath and qualifying for the state official bond, as prescribed by chapter 8, title 59, Idaho Code, possesses all the rights and powers, and is subject to all the l…

59-917. Temporary inability of officers. Whenever for any reason any elective official of the state, is temporarily unable to perform the duties of his office, the governor may appoint a suitable person to perform such duties temporarily as an acting officer, until the incumbent …