An office becomes vacant on the happening of any of the following events before the expiration of the term:
(1) The death of the incumbent.
(2) His insanity, found upon a commission of lunacy issued to determine the fact.
(3) His resignation duly accepted; Provided, That if any person who has been duly elected to a public office does not wish to qualify and take possession of his office, he may present his resignation to the Governor before his term of office begins, and the acceptance of such resignation will operate to create a vacancy in such office on the first day of the term for which such person was elected.
(4) His removal from office.
(5) His ceasing to be a resident of the Commonwealth, or if the office be local, of the district, city or village for which he was chosen or appointed, or within which the duties of his office are required to be discharged.
(6) His absence from the Commonwealth without the permission of the Governor or the Legislative Assembly, beyond the period of ninety days; Provided, That this shall not apply to the Resident Commissioner to the United States.
(7) His ceasing to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness or when absent from the Commonwealth by permission of the Governor or the Legislative Assembly.
(8) His conviction of a felony or of any offense involving moral turpitude, or a violation of his official duties. And his conviction by a competent court for election fraud while discharging duties of an election officer.
(9) His refusal or neglect to file his official oath or bond within fifteen days after his term of office has commenced in accordance with law.
(10) The decision of a competent tribunal declaring void his election or appointment.
History —Political Code, 1902, § 208; Mar. 14, 1907, p. 322, § 1; Mar. 6, 1909, p. 144, § 1.