Apparently, They Need To Swear More In North Dakota

Swearing Is Required By The California Constitution

When I was appointed Commissioner of Corporations, I took an oath to support the U.S. and California constitutions. Although I don’t recall inquiring about the source of the oath at the time, the oath (and its text) is set forth in Article XX, Section 3 of the California constitution. The constitution goes on to prohibit any other oath, declaration, or test as a qualification for any public office or employment. The Government Code actually has detailed provisions governing the “manner of taking, subscribing, and filing the required oath. See Government Code § 1360 et seq. (non civil service employees) and § 18150 (oaths for state employees generally).

What Happens If You Don’t Swear

There’s a name for state officers that fail to subscribe to the constitutional oath – volunteers. Government Code § 1367 prohibits the payment of any compensation or reimbursement to any officer unless he or she has taken and subscribed to the oath. In addition, Government Code § 18154 provides that anyone appointed to a non-civil service position who fails to take the oath within the prescribed time forfeits his or her position. See also Government Code § 1770(i).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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