ELECTION OF MEMBERS; TERM

 

     Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences. [Ren Const Con 1978 and election Nov 7, 1978; am HB 572 (1987) and election Nov 8, 1988]

 

Attorney General Opinions

 

  Generally accepted that officer has right to resign.  Att. Gen. Op. 62-23.

  New term begins at the point of time older term ends.  Att. Gen. Op. 62-43.

  Term of office of holdover senators may be terminated by a new reapportionment plan.  Att. Gen. Op. 64-37.

 

Case Notes

 

  Implicit in provision is requirement that legislator be available for service at all times during the legislator's elected term.  52 H. 251, 473 P.2d 872.