Vacancy

A place which is empty. As applied to official position, has reference to an office that is unoccupied, one without an incumbent; an office not filled. 107 Ark. 386; 155 S. W. 502; Ann. Cas. 1915A 573. It has been held to include an office newly created, and not yet filled. 108 Mo. 153. As used in statutes, it has been held to include temporary vacancies. 38 Ohio St. 23; and sometimes an office temporarily filled when it is evident from the context that such meaning was intended. 107 Ark. 386; 155 S. W. 502; Ann. Cas. 1915A 573. By the constitution of the United States, the president has the power to fill vacancies that may happen during the recess of the senate. Whether the president can create an office and fill it during the recess of the senate seems to have been much questioned. Story, Const. § 1553. See Sergeant, Const. Law, c. 31; 1 Ill. 70. There has been much discussion whether a failure to elect constitutes a vacancy, the question generally arising where the governor has power to fill vacancies between the sessions of the legislature, and seeks to appoint after adjournment of the legislature, without their having agreed on a selection. The better reason is to the effect that a vacancy exists, and it has been so held (15 R. I. 624; 91 N. Y. 634); but the United States senate, construing section 3, art. 1, Const. U. S., providing, "if vacancies [in the senate] happen by resignation or otherwise during the recess of the legislature," the governor may appoint, has uniformly held that there was no power of appointment in the governor where the legislature had adjourned after a failure to elect.

A place which Is empty. The term Is principally applied to cases where the office is not filled. As applied to an office, it has no technical meaning; People v. Edwards, 93 Cal. 153, 28 Pac. 831; State v. Bemenderfer, 96 Ind. 374. By the constitution of the United States, the president has the power to fill vacancies that may happen during the recess of the senate. See Tenure of Office; Officer; Resignation.