(a) (1) The Governor shall take the oath of office before:
(A) A justice or judge of the:
(i) Supreme Court;
(ii) Court of Appeals; or
(iii) Circuit court;
(B) The county clerk; or
(C) The clerk of the circuit court.
(2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before:
(A) The Governor;
(B) A justice or judge of the:
(i) Supreme Court;
(ii) Court of Appeals; or
(iii) Circuit court;
(C) The clerk of the county court; or
(D) The clerk of the circuit court.
(3) All other officers, both civil and military, shall take their oaths before:
(A) The Secretary of State or his or her official designee;
(B) A justice or judge of the:
(i) Supreme Court;
(ii) Court of Appeals;
(iii) Circuit court;
(iv) District court; or
(v) County court;
(C) The clerk of the county court;
(D) The clerk of the circuit court; or
(E) A justice of the peace.
(b) However, if the officer is serving in or with the armed forces of the United States, he or she may take the oath of office before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, or Marine Corps, or ensign or higher in the Navy or Coast Guard.
(c) The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section.
(d) (1) If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor.
(2) Upon the completion of the oath:
(A) The outgoing officer immediately vacates his or her position; and
(B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office.
Section: Previous 21-2-102 21-2-103 21-2-104 21-2-105 21-2-106 21-2-107 21-2-108 21-2-109 21-2-110 21-2-111 21-2-112 21-2-113 21-2-114 21-2-115 NextLast modified: November 15, 2016