ORS 236.010
Causes for vacancies in office

(1)

An office shall become vacant before the expiration of the term if:

(a)

The incumbent dies, resigns or is removed.

(b)

The incumbent ceases to be an inhabitant of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office of the incumbent are required to be discharged.

(c)

The incumbent is convicted of an infamous crime, or any offense involving the violation of the oath of the incumbent.

(d)

The incumbent refuses or neglects to take the oath of office, or to give or renew the official bond of the incumbent, or to deposit such oath or bond within the time prescribed by law.

(e)

The election or appointment of the incumbent is declared void by a competent tribunal.

(f)

The incumbent is found to be a person with a mental illness by the decision of a competent tribunal.

(g)

The incumbent ceases to possess any other qualification required for election or appointment to such office.

(h)

Appointment of the incumbent is subject to Senate confirmation under section 4, Article III of the Oregon Constitution, and the appointment is not confirmed.

(2)

The provisions of subsection (1)(b) of this section do not apply when residence within the district, county or city for which the incumbent was elected or appointed is not required for such election or appointment. [Amended by 1969 c.669 §3; 1979 c.351 §3; 2007 c.70 §56]

Source: Section 236.010 — Causes for vacancies in office, https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html.

Notes of Decisions

Where Senate fails to confirm reappointment of incumbent, resulting vacancy for new term does not prevent incumbent from continuing in office as holdover pending appointment and confirmation of successor. State ex rel Adams v. Powell, 171 Or App 81, 15 P3d 54 (2000)

Although qualification to serve as district attorney requires active membership in Oregon State Bar, brief suspension from practice of law for disciplinary violation constituted only transient change in office-holder’s qualification status, which was insufficient to cause district attorney to “cease[ ] to possess” requisite qualification for office and, therefore, did not cause office of district attorney to become “vacant” within meaning of this section. State ex rel Rosenblum v. Nisley, 367 Or 78, 473 P3d 46 (2020)

Attorney General Opinions

Qualifications required for newly elected county assessor, (1974) Vol 36, p 898; propriety of office holding of a land owning nonresident elected director of a rural fire protection district, (1975) Vol 37, p 873; effect of disbarment on person’s service as district attorney, (2001) Vol 49, p 272

Green check means up to date. Up to date

Current through early 2024

§ 236.010’s source at oregon​.gov