REFERENCE TITLE: council members; resignation; exception State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1608 Introduced by Senator Finchem An Act amending section 38-296, Arizona Revised Statutes; relating to vacancies in office. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: council members; resignation; exception
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1608
Introduced by Senator Finchem
REFERENCE TITLE: council members; resignation; exception
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1608
Introduced by
Senator Finchem
An Act
amending section 38-296, Arizona Revised Statutes; relating to vacancies in office.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 38-296, Arizona Revised Statutes, is amended to read: START_STATUTE38-296. Limitation on filing for election by incumbent of elective office; applicability A. Except during the final year of the term being served, no an incumbent of a salaried elective office, whether holding by election or appointment, may not offer himself the incumbent's CANDIDACY for nomination or election to any salaried local, state or federal office. B. An incumbent of a salaried elected office shall be deemed to have offered himself the incumbent's CANDIDACY for nomination or election to a salaried local, state or federal office on the filing of a nomination paper pursuant to section 16-311, subsection A. An incumbent of a salaried elected office is not deemed to have offered himself the incumbent's CANDIDACY for nomination or election to an office by making a formal declaration of candidacy for the office. C. The resignation of the incumbent elective officer duly filed in writing with the officer, board or commission having jurisdiction of the office, if not accepted within ten days, shall be deemed to have become effective as of the date of filing. D. This section shall does not be construed to prohibit a person whose resignation from office has become effective from qualifying as a candidate for another office during the unexpired portion of the term affected by the resignation, nor shall it apply to any incumbent elective officer who seeks reelection to the same office or to any other public office during the final year of the term to which the person has been so elected. e. Subsection A of this section does not apply to a council member of a city or town who wishes to be a CANDIDATE for mayor of that same city or town. A COUNCIL MEMBER of a CITY OR TOWN: 1. is not required to resign if the council member's term of office does not coincide with the term of office of the mayor. 2. may lawfully offer the council member's CANDIDACY for nomination or election to the office of the mayor without first resigning from office. E. f. A person violating any provision of this section is guilty of misfeasance in office, and the office held by such person shall be declared vacant. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-296, Arizona Revised Statutes, is amended to read:
START_STATUTE38-296. Limitation on filing for election by incumbent of elective office; applicability
A. Except during the final year of the term being served, no an incumbent of a salaried elective office, whether holding by election or appointment, may not offer himself the incumbent's CANDIDACY for nomination or election to any salaried local, state or federal office.
B. An incumbent of a salaried elected office shall be deemed to have offered himself the incumbent's CANDIDACY for nomination or election to a salaried local, state or federal office on the filing of a nomination paper pursuant to section 16-311, subsection A. An incumbent of a salaried elected office is not deemed to have offered himself the incumbent's CANDIDACY for nomination or election to an office by making a formal declaration of candidacy for the office.
C. The resignation of the incumbent elective officer duly filed in writing with the officer, board or commission having jurisdiction of the office, if not accepted within ten days, shall be deemed to have become effective as of the date of filing.
D. This section shall does not be construed to prohibit a person whose resignation from office has become effective from qualifying as a candidate for another office during the unexpired portion of the term affected by the resignation, nor shall it apply to any incumbent elective officer who seeks reelection to the same office or to any other public office during the final year of the term to which the person has been so elected.
e. Subsection A of this section does not apply to a council member of a city or town who wishes to be a CANDIDATE for mayor of that same city or town. A COUNCIL MEMBER of a CITY OR TOWN:
1. is not required to resign if the council member's term of office does not coincide with the term of office of the mayor.
2. may lawfully offer the council member's CANDIDACY for nomination or election to the office of the mayor without first resigning from office.
E. f. A person violating any provision of this section is guilty of misfeasance in office, and the office held by such person shall be declared vacant. END_STATUTE