WVC 6 -
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 1. OATHS OF OFFICE.
§6-1-1. Members of Congress.
Every person elected or appointed a member of the United
States senate or of the House of Representatives in the Congress of
the United States shall take the oath of office prescribed by, and
at the time and in the manner provided by, the laws of the United
States of America, effective at the time of the election of such
§6-1-2. Members of state Legislature.
Every person elected or appointed a member of the Senate, or
a member of the House of Delegates, in the Legislature of this
state, shall, before entering upon the discharge of his duties,
take and subscribe the oath or affirmation prescribed by, and in
the manner specified in, section 16 of article VI of the
constitution of the state.
§6-1-3. Other officers.
Except as provided in sections one and two of this article,
every person elected or appointed to any office in this state,
before proceeding to exercise the authority or discharge the duties
of such office, shall take the oath or affirmation prescribed in
section 5 of article IV of the constitution of this state; but this
section shall not be construed to require any executor,
administrator, trustee, guardian, curator, committee, special
commissioner, election officer, registration officer, or person
authorized to celebrate the rites of matrimony, to take any oath
other than that otherwise required of him by law.
§6-1-4. Before whom taken.
Any oath of office may be taken in this state before any court
of record or before any person having at the time authority to
administer oaths. Any person residing out of this state, who shall
be appointed to any office, agency or service to be performed out
of this state, may take the oath required of him before any person
authorized to administer oaths in the jurisdiction in which such
person resides, or in which the duties of the office, agency or
service are to be performed.
§6-1-5. When taken.
The oaths required by section three of this article shall be
taken after the person shall have been elected or appointed to the
office, and before the date of the beginning of the term, if a
regular term; but if to fill a vacancy, within ten days from the
date of the election or appointment, and in any event before
entering into or discharging any of the duties of the office.
§6-1-6. Where certificates of oaths filed and recorded;
destruction of originals.
Certificates of the oaths of all magisterial district and
county officers, and judges of courts of limited jurisdiction
within any county, shall be filed, recorded and preserved in the
office of the clerk of the county court of the county.
Certificates of the oaths of members of boards of education and
school officers of any district or independent school district
shall be filed, recorded and preserved in the office of the
secretary of such board, and certified copies thereof filed and
recorded in the office of the clerk of the county court of the
county of such district. Certificates of the oaths of all
municipal officers shall be filed, recorded and preserved in the
office of the clerk or recorder of such municipality, or other
officer created or acting in lieu of such clerk or recorder, and
certified copies thereof filed and recorded in the office of the
clerk of the county court of the county in which such municipality
is situated. Certificates of the official oaths of the members of
the state Senate and House of Delegates shall be filed and recorded
as provided in section 16 of article VI of the constitution of this
state. Certificates of the oaths of all other officers shall be
filed and preserved in the office of the secretary of state.
At any time after the expiration of the term of office for
which the oath was taken, the original certificate or certified
copy thereof, but not the record, may be destroyed, unless further
preservation thereof shall be required by the order of some court,
in which event the same may be destroyed when the preservation thereof is no longer required. It shall be the duty of every
person who takes an oath of office to procure and file in the
proper office the certified copies of his certificate of oath as
provided in this section.
§6-1-7. Acting before taking oath.
No person elected or appointed to any office, civil or
military, shall enter into the office, exercise any of the
authority or discharge any of the duties pertaining thereto, or
receive any compensation therefor, before taking the oath of
That this section shall not apply to members of
the Legislature of this state.
§6-1-8. List of county officers to be furnished secretary of
The clerk of the county court of each county, within thirty
days after the qualification of officers chosen at each general
election in his county, shall transmit to the secretary of state a
certified list of all county officers, showing the name of the
officer and the title of the office.
Note: WV Code updated with legislation passed through the 2012 1st Special Session