Acting officeholder
An acting officeholder is a person who serves on a temporary basis when an office is vacant.[1]
Acting officeholders can fill vacancies created by two different situations:
- When there is a temporary vacancy in the office (due to illness, parental leave, etc.)
- When there is a permanent vacancy in the office (due to death, resignation, etc.)
A vacancy is considered temporary when the incumbent is unable to perform the duties of the office for a prolonged period of time but is expected to return. In this situation, the incumbent continues to hold the position but the acting officeholder carries out some or all of the position's duties. A vacancy is considered permanent when the incumbent will not return to office.
The method for selecting an acting officeholder varies by state and by office. In some situations, the governor or a commission appoints the acting officeholder. In others, the constitution or charter which defines the office provides that another official will serve as the acting officeholder. For example, some city charters designate the city council president as the acting mayor when a vacancy occurs.
An acting officeholder's powers also vary by state and by office. The officeholder can have all of the powers of the office or only specified ones.
The period for which an acting officeholder serves may last until a permanent officeholder is appointed or a special election can be held, or it may last for the remainder of the vacating officeholder's term. In some cases, the acting officeholder automatically becomes the permanent officeholder after a specified period of time has passed. For example, in Alabama, the lieutenant governor can serve as acting governor for up to 20 days when the governor is unable to perform their duties. After 20 days, the office is deemed vacant and the lieutenant governor becomes governor by default. In other cases, the acting officeholder may be appointed or elected to serve on a permanent basis.
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