The Constitution of the State of New Mexico Article XX Section 1.(Oath of Officer.), reads, "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.”
Who may administer an Oath of Office?
The Secretary of State of New Mexico, county clerks, clerk of probate courts, clerk of district courts, clerks of magistrate courts if the magistrate court has a seal, and all duly commissioned and acting notaries public, are hereby authorized and empowered to administer oaths and affirmations in all cases where magistrates and other officers within the state authorized to administer oaths may do so, under existing laws, and with like effect. [14-13-3 NMSA, 1978] In addition, pursuant to section 14-14-3 (2) NMSA 1978, a judge, clerk or deputy clerk of any court of this state may administer oaths.
How is an Oath of Office administered?
Whenever any person shall be required to take on oath before he enters upon the discharge of any office, place or business, or on any lawful occasion, any person administering the oath shall do so in the following form, viz: the person swearing shall, with his right hand uplifted, follow the words required in the oath as administered, beginning: I do solemnly swear, and closing: so help me God. [14-13-1 NMSA, 1978]
What is the fee for recording my Oath of Office?
A $3.00 recording fee must accompany the oath of office, pursuant to 8-4- 4 NMSA 1978.
All signatures on the oath of office must be original. Photocopies or incomplete oaths will be returned. Forward the original oath of office, along with the $3.00 recording fee to the:
Office of the Secretary of State
New Mexico State Capitol North
325 Don Gaspar - Suite 300
Santa Fe, New Mexico 87501
Click here to Download the Oath of Office form.