County SealSanta Cruz County Election Department

Who can administer oath?

 

 

Notary Publics

Code of Civil Procedure §2093[1]

Executive Officers

Government Code §1225[2]

Court Commissioners

Code of Civil Procedure §259

Judicial Officers

Code of Civil Procedure §2093, Government Code §24057

Officers in General

Code of Civil Procedure §2093

County Officers and their Deputies[3]

Government Code §24057



[1] Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations.

[2] Every executive and judicial officer and every Member of the Legislature may administer and certify oaths.

[3] Every county officer and the officer's deputies may administer and certify oaths. GC section 24000 defines "Officers" as:

(A) A District Attorney

(B) A Sheriff

(C) A County Clerk

(D) A Controller

(E) An Auditor, who shall be ex officio Controller

(F) A Treasurer

(G) A Recorder

(H) A License Collector

(I) A Tax Collector

(J) An Assessor

(K) A Superintendent of Schools

(L) A Public Administrator

(M) A Coroner

(N) A Surveyor

(O) Members of the Board of Supervisors

(P) A County Veterinarian

(Q) A Fish and Game Warden

(R) A County Librarian

(S) A County Health Official

(T) An Administrative Officer

(U) A Director of Finance

(V) A Road Commissioner

(W) A Public Guardian

(X) Such other Officers as are provided by law


CALIFORNIA CONSTITUTION - ARTICLE 20 - SEC. 3.

Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:

"I, ___________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

The second paragraph of the oath below prohibiting affiliation with organizations advocating the overthrow of the government was struck by the California Supreme Court as an unconstitutional infringement on first amendment rights of the US Constitution in Vogel vs County of Los Angeles (1967) 68 Cal.2d 18, issued December 21, 1967, and final January 20, 1968. Therefore only the first paragraph is administered for either the Oath of Office to officers/deputies and Loyalty Oath to employees. Since the constitution itself was not actually amended, however, both paragraphs are still codified.

"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or

organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:

________________________________________________________________

(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________ I will not

(name of office) advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."

And no other oath, declaration, or test, shall be required as a qualification for any public office or employment.

"Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing.