Who is authorized to administer an oath

We often cite a blog post by former legal consultant Pat Mason — and the credit goes to Pat for writing a blog with such enduring value — however, we still get nuanced questions that go beyond that original post, so we decided it was time to update it.

Now that the fall local government elections are over and results have been certified, the final step that local government elected officials must complete before assuming office is to take the oath of office. Typically, a newly elected official begins his or her term on or after the first day of January following the election, but only after or upon taking the oath of office. The newly elected official may take the oath of office beginning on January 1 or at the first meeting of the governing body after the first of the year.

State law also offers two additional options for taking the oath prior to the first of the year. RCW 29A. If the oath is taken prior to January 1, then the elected official assumes office precisely at midnight on January 1. The oath can be readministered for ceremonial purposes at the first meeting of the year if this is desired.

What if the newly elected is filling a position that is currently occupied by an appointee? Those who are elected to fill a position that had been filled by a person appointed to it i.

This newly elected official then fills what is called the "short term," from taking the oath of office until January 1. However, for the full term, which begins January 1, that same official should take the oath of office again, and can do so using one of the options listed above. To be technically compliant with the law, the oath must be taken every time a new term of service begins. What if the official takes the oath more than 10 days before they are to assume office and not at a regularly scheduled meeting in December?

Technically, this is a violation of RCW 29A. Note that if an official refuses or neglects to take the oath, it can create a vacancy in the office under RCW The oath of office may be administered by any notary public or by any other officer authorized by statute to administer oaths per RCW 29A.

After searching the statutes, MRSC has determined that state and federal members of congress are not one of the types of officials authorized by law to administer the oath, unless they also hold one of the positions listed above or are a notary. However, this only applies to the official written oath that is kept on file with the county auditor. Anyone, including members of congress, can administer ceremonial oaths.

A ceremonial oath may be taken at any time. Section 1. Section 21 of the Revised Administrative Code is hereby amended to read as follows:. Officials authorized to administer oath. A person who by authority of law shall serve in the capacity of the officers mentioned above shall possess the same power. Section 2. Section 41 of the Administrative Code of is hereby amended to read as follows:. Officers Authorized to Administer Oath. Section 3.