1. That the offender is elected by popular election to a public
2. That he refuses to be sworn in or discharge the duties of
3. That there is no legal motive for such refusal to be sworn
in or to discharge the duties of said office.
If the elected person is disqualified, his refusal to be sworn
in or to discharge the duties of the office is justified.
Refusal to discharge the duties of an appointive office is not
covered by this article.
Once an individual is elected to an office by the will of the
people, discharge of duties becomes a matter of duty, not only
This only applies for elective, not appointive officers.