More on the Oath of Office

Training for: Legal Notes

Last year we published what we thought was a definitive summary of the law on taking an oath of office (see “The Oath of Office,” Maine Townsman, Legal Notes, June 2015). The law requires, among other things, that every official (1) be sworn before assuming the duties of office, (2) take a separate oath for each office to which they have been elected or appointed, and (3) take a new oath for each new term of office. But it turns out we missed something.

Apparently the practice in some municipalities is to swear in officials every year even if they serve a multi-year term of office. This is wholly unnecessary and a waste of everyone’s time, including the clerk’s or whomever administers the oath. For officials who’ve been elected or appointed to a multi-year term, an oath of office need be taken only once, at the outset of the term. The oath remains valid for the full term and need not be retaken except for a new term.

For what happens if a newly elected or appointed official fails or refuses to take the oath, see “Failure to Take the Oath,” Maine Townsman, Legal notes, July 2015. (By R.P.F.)

Last year we published what we thought was a definitive summary of the law on taking an oath of office (see “The Oath of Office,” Maine Townsman, Legal Notes, June 2015). The law requires, among other things, that every official (1) be sworn before assuming the duties of office, (2) take a separate oath for each office to which they have been elected or appointed, and (3) take a new oath for each new term of office. But it turns out we missed something.

Apparently the practice in some municipalities is to swear in officials every year even if they serve a multi-year term of office. This is wholly unnecessary and a waste of everyone’s time, including the clerk’s or whomever administers the oath. For officials who’ve been elected or appointed to a multi-year term, an oath of office need be taken only once, at the outset of the term. The oath remains valid for the full term and need not be retaken except for a new term.

For what happens if a newly elected or appointed official fails or refuses to take the oath, see “Failure to Take the Oath,” Maine Townsman, Legal notes, July 2015. (By R.P.F.)