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Administering the Oath of Office

An oath of office is usually administered in connection with commencement of office.   Each newly elected or appointed governmental officer is sworn-in.  Sometimes the swearing is certified by  a notary public via affidavit.

There is no statutory provision requiring the oath administered to be formal.  There must be some action which amounts to the administration of an oath or affirmation, and this requires concurrent action on part of the affiant and the authorized officer.

It is not necessary that the affiant should hold up his/her hand and swear in order to validate the oath.  If both affiant and the officer understand what is being done, the act of swearing is complete.  The notarizing officer must require that the signer personally appear, verbally swear the oath or affirm the truth and sign before the notary.  An oath cannot be taken on behalf of someone else.


Inside Administering the Oath of Office