Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.

ANNOTATIONS

Comparable provisions. — Utah Const., art. IV, § 10.

Wyoming Const., art. VI, § 20.

Effect of failure to take oath. — Mere appointment or election of an official, without his qualification, will not oust incumbent from office; to do so he must take an oath and give bond where required. Bowman Bank & Trust Co. v. First Nat'l Bank, 1914-NMSC-014, 18 N.M. 589, 139 P. 148.

Assistant attorneys general need not be formally sworn in. — This section does not require assistant attorneys general appointed at the pleasure of the attorney general pursuant to 8-5-5 NMSA 1978 to undergo the same formal swearing-in ceremony as the attorney general or other public official. State v. Koehler, 1981-NMSC-060, 96 N.M. 293, 629 P.2d 1222.

Oath not required for members of continuing board. — Nothing in this constitutional provision or elsewhere requires members of a continuing board to subscribe to new oaths every time board is reconstituted either by appointment or election. 1958 Op. Att'y Gen. No. 58-210.

There is no legal objection to taking oath on Sunday. 1966 Op. Att'y Gen. No. 66-126.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 4, 131 to 132.

Member of grand or petit jury as officer within constitutional or statutory provisions in relation to oath or affirmation, 118 A.L.R. 1098.

Constitutional, statutory or charter provision as to time of taking oath of office and giving official bond as mandatory or directory, 158 A.L.R. 639.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

67 C.J.S. Officers and Public Employees § 46.