A newly elected school board member asks a notary to administer the oath of office. What applies?

Administering oaths and affirmations is a core notarial power, not an incidental one, and it extends to oaths of office for public officials. The power exists because an oath's validity depends on it being administered by someone authorised to do so, and the state confers that authority on notaries precisely so that oaths can be taken without requiring a judicial officer. A newly elected school board member therefore may take the oath of office before a notary, and the notary administers it in the same manner as any other oath — with the person present, aware of what they are undertaking, and giving an affirmative response. There is often a written oath of office to be signed and filed, in which case the notary completes the appropriate certificate and records the act in the journal. What the notary must not do is advise on whether the oath is required, when it must be taken, or what its wording should be, since those are questions of law for the office concerned.

Administering oaths and affirmations is a notarial power that extends to matters incident to the office, including oaths of office for public officials.

Notaries are authorised to administer oaths and affirmations, including oaths of office. The person must appear, be aware of the undertaking, and give an affirmative response, with the act recorded in the journal where a certificate is completed.

Oaths Are a Notary Power, office oaths included. You do not need a judge to swear someone in.

Do not advise on whether the oath is required or how it should be worded. That is a legal question for the office concerned.

• •Believing only judges may administer oaths of office
• •Advising on the required wording of the oath
• •Omitting the journal entry where a certificate is completed