Legal Services

	"I’m an elected official, and I’m in the U.S. National Guard. What happens to my elected position if I’m called to active duty?"

Does an elected official vacate their office if called to active military duty?

An elected officer who enters active duty does not necessarily vacate their office. Under the Texas Constitution Article 16, §72, if the officer will be on active duty for longer than 30 days, the authority that would normally appoint to fill a vacancy in that office may appoint a “temporary acting officer.” The temporary acting officer serves for the term of the active military service of the replaced officer or the term of the office of the replaced officer, whichever is shorter. For more information on vacancies, see our publication Pitfalls and Perils of Public Office.