Arizona Rep. Gabrielle Giffords' House (D) seat won't be deemed vacant while she recuperates.
Some reports have suggested Giffords' seat would be in jeopardy if she undertakes a lengthy recovery. Arizona has law declaring an office vacant if an elected official fails to perform his or her duties for three months in a row, according to the Arizona Republic.
Giffords is expected to be transferred from a Tucson hospital to a rehabilitation center in Houston on Friday to continue her recovery from a gunshot wound to the head.
Amy Rezzonico, a spokeswoman for Arizona Attorney General Tom Horne, said the state's law on office vacancies doesn't apply in Giffords' case.
"The state has no jurisdiction over federal officeholders," she told the paper.
The House, meanwhile, doesn't require members to relinquish their seats because of illness or debilitating injury.
--Jordan Fabian contributed to this post.