SOSFORM: Loyalty Oath of Office 1/7/2019
Arizona Constitution, Article 6, Section 26, Oath of Office
Section 26. Each justice, judge and justice of the peace shall, before entering upon the duties of his office, take and subscribe an oath that he will
support the Constitution of the United States and the Constitution of the State of Arizona, and that he will faithfully and impartially discharge the duties of
his office to the best of his ability.
The oath of all judges of courts inferior to the superior court and the oath of justices of the peace shall be filed in the office of the county recorder, and
the oath of all other justices and judges shall be filed in the office of the secretary of state.
A.R.S. § 38-231. Officers and employees required to take loyalty oath; form; classification; definition
A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state,
and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall
completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for
use by all officers and employees of all boards, commissions, agencies and independent offices.
B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this
section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this
section.
C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or
affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to
overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates
the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of
a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to
any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.
D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted
from any compliance with this section.
E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon
the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:
State of Arizona, County of ______________ I, _____________________ do solemnly swear (or affirm) that I will support
(type or print name)
the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and
defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of
______________________ according to the best of my ability, so help me God (or so I do affirm).
(name of office)
______________________________________
(signature of officer or employee)
F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by
this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board,
commission or agency of any county, city, town, municipal corporation, school district or public educational institution.
A.R.S. § 38-232. Time of oath
When a different time is not prescribed, the oath of office shall be taken and subscribed as follows:
1. If appointed, at or before commencement of the term of office.
2. If elected, at any time after receiving the officer's certificate of election, and at or before commencement of the term of office.
A.R.S. § 38-233. Filing oaths of record
A. The official oaths of state elective officers shall be filed of record in the office of the secretary of state. The official oaths of all other state officers and
employees shall be filed of record in the office of the employing state board, commission or agency.
B. The official oaths of elective county and elective precinct officers shall be filed of record in the office of the county recorder, except the oath of the
recorder, which shall be filed with the clerk of the board of supervisors. The official oaths of notaries public shall be endorsed upon their bond and filed
with the secretary of state. The official oaths of all other county and precinct officers and employees shall be filed of record in the office of the employing
county or precinct board, commission or agency.
C. The official oaths of all city, town or municipal corporation officers or employees shall be filed of record in the respective office of the employing board,
commission or agency of the cities, towns and municipal corporations.
D. The official oaths of all officers and employees of all school districts shall be filed of record in the school district office.
E. The official oaths of all officers and employees of each public educational institution except school districts shall be filed of record in the respective
offices of the public educational institutions.
F. The official oath or affirmation required to be filed of record shall be maintained as an official record throughout the person's term, appointment or
employment plus a period of time to be determined pursuant to sections 41-151.15 and 41-151.19.
FILING WITH THE OFFICE OF THE SECRETARY OF STATE
This form may be filed with the Office of the Secretary of State, Monday through Friday, 8 a.m. to 5 p.m. except state holidays. The
office is located in the Executive Tower, 1700 W. Washington Street, 7
th
Floor. Our phone number is 602-542-0681.
Our mailing address is:
The Honorable Katie Hobbs
Arizona Secretary of State
1700 W. Washington Street, Fl. 7
Phoenix, AZ 85007-2808
Attention: Administration
