69.2  What constitutes vacancy.

Every civil office shall be vacant if any of the following events occur:

1.  A failure to elect at the proper election, or to appoint within the time fixed by law, unless the incumbent holds over.

2.  A failure of the incumbent or holdover officer to qualify within the time prescribed by law.

3.  The incumbent ceasing to be a resident of the state, district, county, township, city, or ward by or for which the incumbent was elected or appointed, or in which the duties of the office are to be exercised. This subsection shall not apply to appointed city officers.

4.  The resignation or death of the incumbent, or of the officer-elect before qualifying.

5.  The removal of the incumbent from, or forfeiture of, the office, or the decision of a competent tribunal declaring the office vacant.

6.  The conviction of the incumbent of a felony, an aggravated misdemeanor, or of any public offense involving the violation of the incumbent's oath of office.

7.  The board of supervisors declares a vacancy in an elected county office upon finding that the county officer has been physically absent from the county for sixty consecutive days except in the case of a medical emergency; temporary active military duty; or temporary service with another government service, agency, or department.

8.  The incumbent simultaneously holding more than one elective office at the same level of government. This subsection does not apply to the following offices:   county agricultural extension council, soil and water conservation district commission, or regional library board of trustees.

9.  An incumbent statewide elected official or member of the general assembly simultaneously holding more than one elective office.

Section History: Early form

  [C51, § 334, 429; R60, § 564, 662, 1132; C73, § 504, 686, 781; C97, § 1266; C24, 27, 31, 35, 39, § 1146; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 69.2]

Section History: Recent form

  91 Acts, ch 12, § 1-3; 93 Acts, ch 143, § 41; 98 Acts, ch 1223, §18, 38

Internal References

  Referred to in § 331.214


  Duty of holdover officer to requalify, § 63.7

  Vacancy on board of supervisors, § 331.214

  Vacancy on school board, § 277.29

  Removal from office; see also chapter 66

  Prohibitions concerning holding more than one office, § 39.11 and 39.12

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