THE U. S. CONSTITUTION'S OATH OF OFFICE REQUIREMENT
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Sec. 10. [Oath of office.]
All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity."
(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public office when:
(a) he has not taken and filed the required oath of office;
[(b) he has failed to execute and file the required bond;
(c) he has not been elected or appointed to office;
(d) he exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or
(e) he knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.]
(2) Unofficial misconduct is a class B misdemeanor.
[Amendments Void]Amended by Chapter 79, 1996 General Session
52-1-2. Filing of oaths.
The oaths of office of all state officials shall be filed with the secretary of state.
52-1-3. County, precinct and district officers -- Where filed.
Official oaths [and bonds] of county, precinct and district officers shall be filed with the county clerk, except those of the county clerk which shall be filed with the county treasurer.
No Change Since 1953
52-1-4. City officers -- Where filed.
Official oaths and bonds of city officers shall be filed with the city recorder, except those of the city recorder which shall be filed with the city treasurer.
No Change Since 1953
52-1-5. Town officers -- Where filed.
Official oaths and bonds of town officers shall be filed with the town clerk, except those of the town clerk which shall be filed with the town treasurer.
No Change Since 1953
52-2-1. Time in which to qualify -- Failure -- Office declared vacant.
Whenever any person duly elected or appointed to any office of the state or any of its political subdivisions, fails to qualify for such office within sixty days after the date of beginning of the term of office for which he was elected or appointed, such office shall thereupon become vacant and shall be filled as provided by law.
No Change Since 1953
[Emphases Added]
[Due to the above provisions of law: No Utah Laws have changed since 1974 A.D.]
Salt Lake County Clerk - WRITE-IN CANDIDATE - November 5, 2002 AD.
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