§ 21-2-105 - Administration of oaths generally.

21-2-105. Administration of oaths generally.

(a) (1) The Governor shall take the oath of office before one (1) of the justices of the Supreme Court or one (1) of the judges of the circuit courts, the county clerk, or the clerk of the circuit court.

(2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district courts, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before the Governor or any of the justices of the Supreme Court or one (1) of the judges of the circuit courts, the clerk of the county court, or the clerk of the circuit court.

(3) All other officers, both civil and military, shall take their oaths before the Secretary of State or his or her official designee, a justice or judge, clerk of the county court, clerk of the circuit court, or justice of the peace.

(b) However, if the officer is serving in or with the armed forces of the United States, he or she may take the oath of office before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, or Marine Corps, or ensign or higher in the Navy or Coast Guard.

(c) The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section.