Politics | Gabrielle Giffords Giffords Could Lose Seat to Arizona Loophole Statute declares office vacant after 90 days on inactivity By Nick McMaster Posted Jan 17, 2011 6:45 PM CST Copied In this March, 2010 file photo provided by the office of Rep. Gabrielle Giffords, D-Ariz., Giffords poses for a photo. (AP Photo/Office of Rep. Gabrielle Giffords, File) Gabrielle Giffords may yet pull off a miraculous recovery, but a peculiarity of Arizona law might cost her the House seat she holds anyway, the Washington Post reports. An Arizona statute mandates that a public office be declared vacant if the officeholder ceases to "discharge the duties of office for the period of three consecutive months." Once vacant, a special election can be called to fill the seat. But considering the outpouring of national sympathy for Giffords and the significant strides she's made so far, it seems likely that a loophole will be found to keep her in office. Jan Brewer won't even discuss the issue: "With Rep. Giffords' tremendous progress, an answer to many prayers, we've deemed it to be far too early and entirely inappropriate to speculate, analyze, consider," says a rep. (Click for an example of the unbelievable strides Giffords is making.) Read These Next New Fox star, 23, misses first day after car troubles. Iran's supreme leader makes first public comments since ceasefire. Her blood isn't compatible with anyone else's. Man accused of killing his daughters might be dead. Report an error