Terms and Definitions

Section 652:12

    652:12 Vacancy. –
A "vacancy" shall occur in a public office if, subsequent to his or her election and prior to the completion of his or her term, the person elected to that office:
I. Either dies, resigns, or ceases to have domicile in the state or the district from which he or she was elected; or
II. Is determined by a court having jurisdiction to be insane or mentally incompetent; or
III. Is convicted of a crime which disqualifies him or her from holding office; or
IV. Fails or refuses to take the oath of office within the period prescribed in RSA 42:6 or to give or renew an official bond if required by law; or
V. Has his or her election voided by court decision or ballot law commission decision; or
VI. Is a member of the general court of New Hampshire and a member of a military reserve or national guard unit; and
(a) The member was called to serve in an emergency; and
(b) Service in such unit causes the member to be unable to perform his or her legislative duties, as determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate, for longer than 180 consecutive days; and
(c) The selectmen of any town or ward in the district from which the member is elected request of the governor and council that the office be declared vacant.

Source. 1979, 436:1. 1991, 216:1. 1994, 70:5. 2003, 22:2, eff. April 24, 2003.