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Unformatted text preview: such ineligibility, want of power, or defect being unknown to the public. A: 1. 2. Note: A de facto officer is entitled to emoluments for actual services rendered, and he cannot be made to reimburse funds disbursed during his term of office because his acts are valid as those of a de jure officer. Q: What are the elements of a de facto officer? A: 1. Without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to the be the officer he assumed to be; or 2. Under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition (e.g., taking an oath or giving a bond); 3. Under color of a known election or appointment, void because: a. The officer was not eligible b. There was a want of power in the electing or appointing body c. There was a defect or irregularity in its exercise; such ineligibility, want of power, or defect being unknown to the public 4. Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such. Note: Here, what is unconstitutional is not the act creating the office, but the act by which the officer is appointed to an office legally existing. (Norton v. County of Shelby, 118 U.S. 425) Q: What are the effects of the acts of de facto officers? The lawful acts, so far as the rights of third persons are concerned are, if done within the scope and by the apparent authority of the office, considered valid and binding The de facto officer cannot benefit from his own status because public policy demands that unlawful assumption of public office be discouraged Note: The general rule is that a de facto officer cannot claim salary and other compensations for services rendered by him as such. However, the officer may retain salaries collected by him for services rendered in good faith when there is no de jure officer claiming the office. 3. The de facto officer is subject to the same liabilities imposed on the de jure officer in the discharge of offi...
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