Oath of office form, filing instructions, and FAQs

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How to file an oath of office for a state officer

Oaths required for state officers

In Utah, state officers are required by both the federal and state constitutions to take an oath of office. This webpage contains the form to fill out to document that event, instructions for filing, and answers to frequently asked questions about oaths of office.

Form template to fill out or download

This Oath of Office form (template) is provided by the Utah Division of Archives and Records Service for your convenience.

Download Oath of Office form

Where to file an oath of office

Your agency's government type determines where to file your oath of office.

IF YOU ARE A:	SEND YOUR OATH TO:	APPLICABLE STATUTE
State officer	Oaths of Office Utah Division of Archives & Records Service 346 S Rio Grande St Salt Lake City, UT 84101	Utah Code 52-1-2 (2)
County or Precinct officer	County clerk, except file the county clerk’s oath with the county treasurer	Utah Code 52-1-3
Municipal officer	City recorder, except file the city recorder’s oath with the city treasurer	Utah Code 52-1-4
Town officer	Town clerk, except file the town clerk’s oath with the town treasurer	Utah Code 52-1-5
Metro Township officer	County clerk	Utah Code 52-1-5.1
Special District officer	Clerk of the special district	Utah Code 17B-1-303(3)
School District officer	Clerk of the Board of Education, except file the clerk’s oath with the treasurer of the Board of Education	Utah Code 52-1-6

How to file an oath of office for a state officer

Once administered the oath of office, a state officer should check with the agency that administered the oath, as well as the officer’s own agency, to see if there are specific procedures in place to ensure the oath is properly filed with State Archives.

If there are no set procedures, the original signed copy of the oath should be sent to the Division of Archives & Records Service as mandated by state law (Utah Code 52-1-2 (2)), either by email (if the original copy is electronic), hand delivery, or mail to:

Oaths of Office
Utah Division of Archives & Records Service
346 S Rio Grande St
Salt Lake City, UT 84101

Although there is no specific time frame as to when an oath should be filed with State Archives, state officers should do so as soon as possible.

FAQS

In Utah, “all officers made elective or appointive by this Constitution or by the laws made in pursuance thereof” are required by the state constitution to take the following oath of office:

"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of the State of Utah, and that I will discharge the duties of my office with fidelity."

State of Utah Constitution, Article IV, section 10

The Utah Attorney General Opinion from H. Wright Volker, issued in 1984 in response to a request from Governor Matheson, addresses the legal meaning of "officer" as used in the oath of office provision of Utah's Constitution. It states that:

“The essential elements are that an office must be created by the constitution or by the legislature or through authority conferred by the legislature and that it must have delegated to it a portion of the sovereign power” (p. 4).

Utah Code 76-8-203 states:

“A person is guilty of unofficial misconduct [a class B misdemeanor] if the person exercises or attempts to exercise any of the functions of a public office when the person has not taken and filed the required oath of office[.]”

However, in the Utah Attorney General Opinion, Volker concludes that “Inadvertent failure of an officer to take the required oath of office should not subject the official to criminal liability for unofficial misconduct” (p. 14).

No.

The Utah Attorney General Opinion states:

"[C]oncerning the legality of actions of state officers who have not taken the oath of office referred to in Article IV § 10 of the Utah Constitution…

“It is reasonably clear, except for some limited exceptions, that in the circumstances where an appointed or elected officer has not taken the oath of office but has continued to serve in his office, he would have the status of a de facto officer whose acts would be valid insofar as they affect third persons or the public,” (p. 12).

This scenario is also mentioned specifically in statute in some cases:

"No official act of any municipal officer shall be invalid for the reason that he failed to take the oath of office."
(Utah Code 10-3-829, applicable to municipal officers)
"The failure of a board of trustees member to take the oath under Subsection (3)(a) does not invalidate any official act of that member,"
(Utah Code 17B-1-303(3)(c), applicable to special district boards)