ORS 236.010¹
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]

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)

Atty. Gen. 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

1 Legislative Counsel Committee, CHAPTER 236—Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­236.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 236, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­236ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information