The California oath of office form is a short, constitutionally prescribed document that nearly every public officer and employee in the state must sign before starting work. Article XX, Section 3 of the California Constitution sets both the exact wording and the requirement itself, and Government Code Section 1360 makes clear the oath must be taken after election or appointment but before any official duties begin.1Justia Law. California Constitution Article XX Section 32California Legislative Information. California Government Code 1360
The Exact Wording on the Form
The Constitution prescribes the language word for word. You cannot substitute your own phrasing. The oath reads:
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”1Justia Law. California Constitution Article XX Section 3
The form itself is short. It carries this text, blanks for your name and office, a signature line for you, and a signature block for the person administering the oath.
Who Has to Sign One
The requirement sweeps broadly. Every public officer and employee across the executive, legislative, and judicial branches must take and sign the oath before beginning their duties. That covers state agencies, counties, cities, special districts, and public authorities, along with every department, board, commission, and agency inside them. University of California employees are explicitly included. The only exceptions are lower-level officers and employees the Legislature has specifically exempted by statute.1Justia Law. California Constitution Article XX Section 3
A separate track applies to disaster service workers. Under Government Code Section 3101, all public employees also qualify as disaster service workers.3California Legislative Information. California Government Code 3101 Section 3102 requires them to take and sign the oath before entering employment.4California Legislative Information. California Government Code 3102 For temporary, emergency, or intermittent employees, the employing agency can let one signed oath cover successive periods of work within a single calendar year from the date it was signed.
A new oath is needed for a new term. Because Section 1360 ties the requirement to each election or appointment, someone who wins re-election or receives a new appointment to the same office signs a fresh form.
Filling Out the Form
You typically get the form from the appointing authority, the human resources office of the government entity, or the County Clerk, depending on the position. Before the ceremony, fill in:
- Your full legal name in the blank at the start of the oath text
- The exact title of your office or position
- The name of the government entity you will serve
- The date the oath will be administered
Do not sign yet. Your signature belongs on the form only at the moment you actually recite or affirm the oath. Signing in advance defeats the point of the ceremony, because the signature is meant to confirm you just made the commitment out loud.
Swear or Affirm
Look at the parenthetical “(or affirm)” in the oath text. If you have religious or philosophical objections to swearing, you can make a solemn affirmation instead, and it carries the same legal weight.5eCFR. 22 CFR 92.18 – Oaths and Affirmations Defined The U.S. Constitution reinforces this by prohibiting any religious test for public office.6Legal Information Institute. Oath of Office Requirement
Who Can Administer and Sign It
Government Code Section 1362 says the oath may be taken before any officer authorized to administer oaths, unless another law provides differently.7California Legislative Information. California Government Code 1362 In practice that includes notaries public, judges, court clerks, city clerks, and other executive and judicial officers.
For state civil service employees, Section 18153 allows the oath to be taken before the appointing power, someone the appointing power authorizes in writing, or any person authorized by law to administer oaths.8California Legislative Information. California Government Code 18153
After you recite the oath and sign, the administering official signs too, certifying the oath was properly taken. A notary will also apply an official seal.
Where to File the Signed Form
A signed oath sitting in a drawer does not count. Government Code Section 1363 requires the completed oath to be filed with the proper office. The general rule:
- Officers whose authority extends beyond one county file with the Secretary of State.
- Officers with local or county-based duties file with the County Clerk in their county.
- Health officers appointed under the Health and Safety Code file with the Secretary of State in addition to any local filing.
California does not set one universal filing deadline for every officer, but specific categories do have deadlines. State civil service employees must file within 30 days of taking the oath.8California Legislative Information. California Government Code 18153 Whatever your category, file immediately after the oath is administered. The oath must be on file before you can lawfully exercise the powers of the office, so delay creates real risk.
County boards of supervisors can also require elected or appointed county officers to file a new oath within 10 days after legally changing their name, delegated authority, or department.
What Happens if You Skip It or Falsify It
The most immediate practical effect of skipping or delaying the oath is straightforward: you cannot lawfully begin performing your duties or exercising the authority of your position until the form is signed and filed.
Falsifying the oath is a separate and serious problem. Government Code Section 1368 makes it a felony to knowingly state any false material fact while taking and signing the oath, punishable by a state prison sentence of two, three, or four years.9California Legislative Information. California Government Code 1368 This is distinct from general perjury under Penal Code Section 118 and specifically targets the oath-taking process itself.10California Legislative Information. California Penal Code 118
There is also a lasting duty tied to the oath’s loyalty language. Government Code Section 1369 makes it a felony for someone who has taken the oath to later advocate for or join any organization that advocates overthrowing the U.S. or California government by force, violence, or other illegal means.11California Legislative Information. California Government Code 1369