2005 Idaho Code - 59-906 — COUNTY OFFICES -- VACANCIES

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 9
                          RESIGNATIONS AND VACANCIES
    59-906.  COUNTY OFFICES -- VACANCIES. (1) Except as provided in subsection
(2) of this section, all vacancies in any county office of any of the several
counties of the state, except that of the county commissioners (who shall be
appointed by the governor), shall be filled by appointment by the county
commissioners of the county in which the vacancy occurs in accordance with the
procedure prescribed below until the next general election, when such vacancy
shall be filled by election.
    The vacancy shall be filled as follows: the county central committee of
the same political party, if any, of the former officer, whose office is
vacant, shall submit a list of three (3) nominations to the board of county
commissioners within fifteen (15) days from the day the office is vacated. The
board of county commissioners shall fill the vacancy by appointment from the
submitted list within fifteen (15) days. Should no appointment be made within
fifteen (15) days, the county central committee of the political party
submitting the nominations shall designate one (1) of the three (3) nominees
to fill the vacancy. The person selected shall be a person who possesses the
same qualifications at the time of his appointment as those provided by law
for election to the office. Upon failure of the committee to make a selection
before the expiration of the additional fifteen (15) day period, the board of
county commissioners shall, within five (5) days, fill the vacancy by
appointing a person having the same qualifications at the time of his
appointment as those provided by law for election to the office. If the person
who has vacated the office has not been affiliated with a political party, the
vacancy shall be filled by the board of county commissioners by appointment of
a person having the same qualifications at the time of his appointment as
those provided by law for election to the office.
    (2)  When a county elected officer, except a county commissioner, gives a
written notice of intent to resign to the board of commissioners of the county
of which he is an elected officer, and when the notice of intent to resign
specifies the effective date of the resignation, the county central committee
of the same political party of the officer whose office is being vacated, may
submit a list of three (3) nominations to the board of county commissioners
prior to the effective date of the resignation. The board of county
commissioners shall fill the vacancy by appointment from the submitted list to
be effective on the day following the date the office is vacated by the former
officer. The person selected shall be a person who possesses the same
qualifications at the time of his appointment as those provided by law for
election to the office. In the event the county elected officer rescinds his
notice of intent to resign by notifying the board of county commissioners in
writing prior to the effective date of his resignation, all actions taken by
either the county central committee or the board of county commissioners to
fill the anticipated vacancy, shall be null and void. If no appointment is
made prior to the day the office is vacated, the provisions of subsection (1)
of this section shall apply.