The Oath of Office for Local Elected Officials
October 20, 2025
by
MRSC Insight
Category:
Newly Elected and Appointed Officials
After the election results have been certified, any person elected to an office in the State of Washington, including positions within counties, cities, towns, and special districts, is required by statute to take an oath or affirmation of office prior to serving (RCW 29A.04.133).
MRSC often receives questions about the oath of office, primarily concerning the logistics of administering and documenting the oath of office.
When Can the Oath Be Taken?
Thanks to a bill from the 2025 legislative session (HB 1573), the confusing and sometimes conflicting laws that once governed the assumption of office of various local officials have been consolidated for consistency.
The oath is the final step of qualification to hold office (RCW 29A.60.280). Previously, the law limited the timing of taking the oath early to only within 10 days before the scheduled date for assuming office or at the last regular meeting of the prior term of the governing body. HB 1573 significantly expands the time period for taking the oath early.
Under updated language in RCW 29A.60.280, local elected officials can take the oath any time after the election results have been certified up to the day before the new term begins.
January 1 is the beginning of the "full" or "regular" term for almost all local elected officials. The exceptions to this are school district directors or elected officials in districts where ownership of land is a prerequisite of voting—see RCW 29A.60.280—as well as any charter counties that might specify otherwise. There are special considerations for "unexpired" and "short and full" terms as discussed below.
Of course, a newly elected official can also take the oath after the start of the term, but they are not technically holding office until they do so. Many local elected officials take their oath and complete the necessary paperwork at the first regularly scheduled meeting of the new term of the body. (Note that the oath does not have to be taken at a formal meeting of the governing body, but it often is.)
What if an official does not take the oath?
If the elected official neglects to take the oath but still assumes the duties of office, this is technically a violation of RCW 29A.60.280(3), and the official should cure the error by taking the oath as soon as possible. However, due to a legal concept known as “the de facto officer” doctrine, the actions taken by that official before the error is corrected are likely still valid.
If an official refuses or neglects to take the oath, it can create a vacancy in the office under RCW 42.12.010(6).
What if an official was reelected to the position?
Regardless of whether an official is first elected to a position or reelected to it, this person must take a new oath before the new term of service begins.
What if the official is elected to serve a "short and full" or "unexpired" term?
Elections occurring following a vacancy are categorized as either “unexpired” terms or “short and full” terms, depending on when the vacancy occurred. In either case, the election winner takes office immediately after the election is certified—once they have “qualified” by posting bond and taking the oath of office.
“Unexpired” terms occur when the office was not originally scheduled to be on the ballot this year and is only appearing on the ballot because of the vacancy. The newly elected official must take the oath of office once following the election and will serve out the remainder of the original term.
“Short and full” terms occur when the office was already scheduled to be on the ballot before a vacancy was created. The newly elected official technically serves two terms and must take the oath of office twice—once for what is called the "short term," which begins after election certification and lasts until December 31, and a second time for the ensuing “full” term which begins January 1.
Who Can Administer the Oath?
The oath of office may be administered by a notary public or by any other officer authorized by statute to administer oaths per RCW 29A.04.133(3). This list of officials “authorized” to administer the oath include the following:
- Court commissioner – RCW 2.24.040(10)
- Every judicial officer (as defined in RCW 2.28.030) – RCW 2.28.060(4)
- Every judge and clerk of court – RCW 5.28.010
- County auditor or deputy auditor – RCW 36.22.030
- County commissioner or county councilmember – RCW 36.32.120(9)
- Mayor of a code city (RCW 35A.21.030) or a town (RCW 35.27.160)
- Mayor or mayor pro tem of a second-class city – RCW 35.23.191
- Clerk of a code city – RCW 35A.21.030
- Town clerk or deputy clerk – RCW 35.27.220
A person who has been authorized to administer an oath is not limited to just providing that service within their own jurisdiction; they may also administer it to an official in another jurisdiction. This is especially important for special purpose districts because most district commissioners and administrators are not authorized to administer oaths—unless one of them happens to be a notary public, etc.—and will need to reach out to another local agency or court for that service.
Can a state legislator or federal member of Congress administer the oath?
After searching the statutes, MRSC has determined that state legislators and federal members of Congress are not one of the types of officials authorized by law to administer the oath, unless they also hold one of the positions listed above or are a notary. However, this only applies to the official written oath that is kept on file with the county auditor. Anyone, including members of congress, can administer a ceremonial oath, which can be taken at any time and does not need to be filed with the county auditor.
What Wording Must Be Used in an Oath?
When an individual is elected to office, they swear or affirm that they will faithfully and impartially discharge the duties of the office to the best of their ability. Unless your jurisdiction has adopted a specific oath of office, no particular wording or form of the oath is required—however, the following text is commonly used:
I, _____, do solemnly swear [or affirm] that I will support the Constitution of the United States and the Constitution and laws of the State of Washington, and all local ordinances, and that I will faithfully and impartially perform and discharge the duties of the office of _____, according to the law and the best of my ability.
Here are some sample oaths from local governments across the state:
- Milton (2024) – For city councilmembers
- Pullman Municipal Code Sec. 1.08.090 – For councilmembers and mayor
- Snohomish County – For any elected official
- Spokane Valley Municipal Code Ch. 2.40 – For councilmembers, city manager, clerk, treasurer, and chief of police
- Vancouver City Charter, Section 11.10 – For any city officer
Does the oath have to be administered verbally?
While oaths of office are often sworn verbally before being signed, there is no requirement that the oath be administered orally—only that a written oath be filed with the appropriate office.
Must the oath be administered in person?
Technically, RCW 29A.04.133 does not explicitly state that the oath must be taken in the physical presence of another person. Other statutes and court rules refer to oaths and sworn testimony being performed “before a person authorized to administer oaths.” See, for example RCW 46.20.091(2) and Wa. CR 28, but there is no such language in RCW 29A.04.133.
This creates the possibility that the oath of office can be administered via phone or video conference. At most, RCW 29A.04.133 requires the oath taker to “subscribe” an oath and the oath administrator to “certify” the oath. The dictionary definition of “subscribe” includes to “append one’s signature,” and the definition of “certify” includes “to vouch for in writing.” This creates an expectation that both parties will eventually sign the document that gets filed. However, if the oath administrator is comfortable “vouching” for the fact that the oath was subscribed to by the person taking it even if the administrator “certifies” the written oath at a later date, this may meet the requirements of the statute.
That said, local rules may require the oath to be taken in the physical presence of the person administering it. Additionally, any agency considering a ‘remote oath-taking’ option should have their attorney evaluate and approve such a practice.
Filing the Oath of Office
For local elected officials with cities, towns, or counties, the completed oath must be filed with the county auditor. Here are some statutory references for that requirement:
- RCW 35A.12.080 – code cities
- RCW 35.27.120 – towns
- RCW 35.23.081 – second class cities
- RCW 36.16.060 – counties
Elected officials with some special purpose districts may not need to file their oaths with the county auditor, but the district’s applicable RCWs should be consulted. The Washington Secretary of State maintains a list of the local government agencies (including some districts) that are statutorily required to file their oaths with another agency. Regardless of filing requirements, special purpose districts should retain official written oaths in their public records for the relevant retention period.
Additional Resources
If additional questions arise, be sure to contact your jurisdiction’s legal counsel or reach out to one of our consultants through Ask MRSC.
MRSC also offers a wide variety of resources for newly elected officials, including:
MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions.
