Statute:

Holding over after expiration of term

ยง 5. Holding over after expiration of term. Every officer except a
judicial officer, a notary public, a commissioner of deeds and an
officer whose term is fixed by the constitution, having duly entered on
the duties of his office, shall, unless the office shall terminate or be
abolished, hold over and continue to discharge the duties of his office,
after the expiration of the term for which he shall have been chosen,
until his successor shall be chosen and qualified; but after the
expiration of such term, the office shall be deemed vacant for the
purpose of choosing his successor. An officer so holding over for one or
more entire terms, shall, for the purpose of choosing his successor, be
regarded as having been newly chosen for such terms. An appointment for
a term shortened by reason of a predecessor holding over, shall be for
the residue of the term only.

PBO 5 2014-09-22

Sections:

ARTICLE 2 - Appointment and Qualification of Public Officers
SECTION 3 - Qualifications for holding office
SECTION 3-A - Restrictions upon holding public office or employment of persons removed from office for certain reasons
SECTION 3-B - Special peace officers to be citizens; other residency requirements
SECTION 3-C - Restrictions upon nomination or election to compensated federal, state or local office
SECTION 4 - Commencement of term of office
SECTION 5 - Holding over after expiration of term
SECTION 6 - Mode of choosing state officers if not otherwise provided
SECTION 7 - Appointment by the governor and senate
SECTION 8 - Commissions of officers
SECTION 9 - Deputies, their appointment, number and duties
SECTION 10 - Official oaths
SECTION 11 - Official undertakings
SECTION 12 - Force and effect of official undertaking
SECTION 13 - Notice of neglect to file oath or undertaking
SECTION 14 - Effect of consolidation on terms of office
SECTION 15 - Validation of official acts performed before filing official oath or undertaking
SECTION 16 - Qualifications of certain judicial officers in cities of the first class
SECTION 17 - Defense and indemnification of state officers and employees
SECTION 17-A - Reimbursement of funds paid by state agencies and state entities for the payment of awards adjudicated in sexual harassment claims
SECTION 18 - Defense and indemnification of officers and employees of public entities
SECTION 18-A - Reimbursement of funds paid by a public entity for the payment of awards adjudicated in sexual harassment claims
SECTION 19 - Reimbursement of defense costs incurred by or on behalf of state employees

Search Decisions Citing Statute