Colorado § 24-12-101 - Form of oath or affirmation for public office - requirements for oath or affirmation.

§ 24-12-101. Form of oath or affirmation for public office - requirements for oath or affirmation.

(1) When a person is required to take an oath or affirmation before the person enters upon the discharge of a public office or position, the form of the oath or affirmation is as follows:

I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability.

If choosing to swear an oath, the person swearing shall do so with an uplifted hand.

(2) The oath or affirmation must be:

(a) In writing and signed by the person taking the oath or affirmation;

(b) Administered as provided in section 24-12-103; and

(c) Taken, signed, administered, and filed as specified in subsection (3) of this section before the person enters upon the public office or position.

(3) Officers of the executive department, judges of the supreme and subsidiary courts, and district attorneys shall file their oaths or affirmations of office with the secretary of state. Every other person required by law to file an oath or affirmation of office shall file with the county clerk of the county wherein the person was elected or appointed.

Source: R.S. p. 482, § 1. G.L. § 1925. G.S. § 2471. R.S. 08: § 4669. C.L. § 7958. CSA: C. 115, § 1. CRS 53: § 98-1-1. C.R.S. 1963: § 98-1-1. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 691, § 2, effective August 8; (1) amended, (SB 18-242), ch.355, p. 2115, § 1, effective August 8.

Cross references: (1) For constitutional requirements of oaths, see §§ 8 and 9 of art. XII, Colo. Const.

(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

Law reviews. For article, "Fearing Hell as Essential to Validity of Affidavit", see 18 Dicta 144 (1941).

Unlikely that notary public invokes "everliving God" to witness truth of statement. Under most office arrangements where the handling and notarization of papers are routine and perfunctory, as where the notary public is familiar with a signature, it is unlikely that "the everliving God" is invoked to witness the truth of a statement. Rogers v. People, 161 Colo. 317, 422 P.2d 377 (1966).