How Offices Vacated Generally.

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Section 36-9-1

How offices vacated generally.

Any office in this state is vacated:

(1) By the death of the incumbent;

(2) By the resignation of the incumbent, except in such cases as are excepted by law;

(3) By the incumbent's ceasing to be a resident of the state or of the division, district, circuit or county for which he was elected or appointed;

(4) By the decision of a competent tribunal declaring the election or appointment of the incumbent void or his office vacant;

(5) By the act of the Legislature abridging the term of office of the incumbent, when the same is not fixed by the constitution; and

(6) In such other cases as are or may be declared by law.

(Code 1852, §161; Code 1867, §200; Code 1876, §213; Code 1886, §308; Code 1896, §3140; Code 1907, §1556; Code 1923, §2697; Code 1940, T. 41, §160.)


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