2-16-501. Vacancies created. An office becomes vacant on the happening of any one of the following events before the expiration of the term of the incumbent:
     (1) the death of the incumbent;
     (2) a determination pursuant to Title 53, chapter 21, part 1, that he is seriously mentally ill;
     (3) his resignation;
     (4) his removal from office;
     (5) his ceasing to be a resident of the state or, if the office be local, of the district, city, county, town, or township for which he was chosen or appointed or within which the duties of his office are required to be discharged;
     (6) his absence from the state, without the permission of the legislature, beyond the period allowed by law;
     (7) his ceasing to discharge the duty of his office for the period of 3 consecutive months, except when prevented by sickness or when absent from the state by permission of the legislature;
     (8) his conviction of a felony or of any offense involving moral turpitude or a violation of his official duties;
     (9) his refusal or neglect to file his official oath or bond within the time prescribed;
     (10) the decision of a competent tribunal declaring void his election or appointment.

     History: En. Sec. 42, p. 385, Bannack Stat.; re-en. Sec. 42, p. 468, Cod. Stat. 1871; amd. Sec. 554, 5th Div. Rev. Stat. 1879; re-en. Sec. 1046, 5th Div. Comp Stat. 1887; amd. Sec. 1101, Pol. C. 1895; re-en. Sec. 420, Rev. C. 1907; re-en. Sec. 511, R.C.M. 1921; Cal. Pol. C. Sec. 996; re-en. Sec. 511, R.C.M. 1935; R.C.M. 1947, 59-602; amd. Sec. 26, Ch. 184, L. 1979.