§ 44-02-01 — Vacancies - Causes thereof

An office becomes vacant if the incumbent shall:
1. Die in office;
2. Be adjudged mentally ill;
3. Resign from office;
4. Be removed from office;
5. Fail to discharge the duties of office, when the failure has continued for sixty
consecutive days, except when prevented from discharging the duties by reason of the
person's service in the armed forces of the United States, by sickness, or by other
unavoidable cause. However, as to any office which under the law the vacancy must
be filled by the governor, the governor for good cause shown may extend the period,
which the incumbent may be absent, for an additional period of sixty days. No
remuneration on account of such office may be paid to an absentee officeholder during
that person's absence, and the office in all cases becomes vacant upon the
termination of the term for which the person was elected or appointed;
6. Fail to qualify as provided by law, which includes taking the designated oath of office
prescribed by law;
7. Cease to be a resident of the state, district, county, or other political subdivision in
which the duties of the office are to be discharged, or for which the person may have
been elected;
8. Be convicted of a felony or any offense involving moral turpitude or a violation of the
person's official oath;
9. Cease to possess any of the qualifications of office prescribed by law; or
10. Have the person's election or appointment declared void by a competent tribunal.