Legislators: How They Are Elected and How Long They Serve

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.