The New York State Constitution and Public Officers Law require public officers, including elected officials, to take and file an oath of office. Public officers who are State officers will also need to file a related certification pursuant to the Public Officers Law.
Oath of Office
- Members of the State Legislature and all public officers, executive and judicial, are required to take and sign the oath provided by Article XIII, Section 1 of the New York State Constitution before they commence the duties of their office.
- Public Officers Law Section 10 also requires every public officer to take and file the oath required by law before he or she performs any official duties. This section also governs the procedures for administering oaths of office and specifies the public office in which such oaths must be filed.
- A public officer, who is a "state officer," as defined in Public Officers Law Section 2, must file his or her oath with the New York Secretary of State. State officers include the Governor, Lieutenant Governor, Attorney General, State Comptroller, members of the Legislature, justices of the Supreme Court, Regents of the University, and officers appointed by a State officer or the Legislature.
- A public officer, who is a "local officer," as defined in Public Officers Law Section 2, must file his or her oath in the office specified by Public Officers Law Section 10.
- An oath of office for an elective office must be taken and filed before or within thirty days after the commencement of the term of office. An oath of office for an appointive office must be taken and filed within thirty days after notice of his or her appointment or within thirty days after the commencement of his or her term of office. Public Officers Law Section 30 also provides special provisions for oaths of public officers who are on active duty in the armed forces at the time of his or her election or appointment.
- Public Officers Law Section 30 provides that the office of a public officer becomes vacant when the public officer refuses or neglects to take and file his or her oath of office within the time required by law. Therefore, it is of particular importance that public officers take and file their oath of office within the time permitted by law.
Public Officers Law § 78 Certification
- All members and officers of the State Legislature and all officers of State agencies must sign and file a certificate pursuant to Public Officers Law Section 78. The certificate must include an acknowledgment that he or she has received a copy of certain provisions of the Public Officers Law and that he or she has read and agrees to conform to such provisions and the norms of conduct for members, officers and employees of the State Legislature and state agencies. The certificate must be filed on or before the tenth day after any member, officer or employee commences the performance of his/her duties.
- Certificates of members and officers of the Senate must be filed with the Secretary of the Senate. Certificates of members and officers of the Assembly must be filed with the Clerk of the Assembly. Please note that the oath of office and statement forms provided below for members and officers of the Senate and Assembly do not include a Public Officers Law Section 78 certificate.
- Officers of State agencies must file their Public Officers Law Section 78 certificates with the Secretary of State. The applicable oath forms provided below for officers of State agencies include the Public Officers Law Section 78 certification.
Instructions for completing and filing forms:
- Only forms provided by the Department of State may be used. Other forms are unacceptable for filing and will be returned.
- Type all required information, except for the signature, on to the fillable form. Illegible forms will be returned.
- Print the form.
- Signed with black ink. Most forms require a signature in two places.
- Completed forms must be mailed or hand delivered to:
New York Department of State, State Records
One Commerce Plaza, 99 Washington Avenue, 6th Floor
Albany, NY 12231
Completed forms may be hand delivered Monday through Friday 9:00 a.m. to 4:30 p.m. at the above address.
Senate or Assembly Member, Officer or Employee Oath/Affirmation Form
The following oath form must be used for public officers who are a member or officer of the State Legislature. You may provide a self-addressed stamped envelope if you would like to receive a copy of your filed oath:
Public Officer Oath/Affirmation and Public Officers Law §78 Certificate Form
The following Oath form must be used for Public Officers who are State Officers and not a member of the State Legislature:
Contact Division of Corporations, State Records and Uniform Commercial Code
Contact the Division of Corporations, State Records, and Uniform Commercial Code