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Election Advisory No. 2017-10

To: County Election Officers and City, School and Other Political Subdivision Officials
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: September 7, 2017


Required Oaths for Election Offices

This advisory outlines the required oaths that various elections officers must take prior to performing the duties associated with their positions. 

HB 1735 (85th Legislature, RS, 2017) expanded the list of individuals that may administer oaths that are required by the Texas Constitution or the Texas Election Code.  This includes the following individuals:

  1. The Secretary of State, member of the secretary of state’s staff, or a state inspector appointed by the secretary,
  2. A county of municipal clerk or the clerk’s deputies,
  3. A county tax assessor-collector of the county tax assessor-collector’s deputies,
  4. A city secretary,
  5. A member of the county election commission or county election board,
  6. A county elections administrator or employee of a county EA,
  7. The Secretary of the governing body of a political subdivision other than a county or city or the authority performing the duties of secretary under this code,
  8. A presiding election judge or alternative presiding judge who has already entered service,
  9. An early voting clerk or a deputy early voting clerk who has already entered service;
  10. A member of an early voting ballot board or signature verification committee who has already entered into service,
  11. A presiding judge, manager, or tabulation supervisor of a central counting station who has already entered service. 

Any of the individuals listed above may administer the following oaths, which must be completed by certain election offices prior to entering service or performing their duties.

  1. Statement of Officer/Constitutional Oath of Office, (Article XVI, Section 1):  On April 17, 2017, the Office of the Attorney General issued opinion KP-140 (PDF) which dictated that all presiding judges, alternate judges and early voting clerks must complete the statement of officer and take the constitutional oath of office.   This must be completed prior to entering service.

    New Form: AW7-2a Constitutional Oath for Presiding Judge, Alternate Judge, and Early Voting Clerk (PDF)

  2. Statutory Oath of Office (62.003) :  The is the oath of office that must be completed by all Presiding Judges, Alternate Judges, Election Clerks for election day polling places, early voting polling places, early voting ballot board, and the central counting station.   The SOS has prescribed a form for this oath.  This oath is also located on the Statement of Compensation.

    Form:  AW7-2 Oath of Election Judges and Clerks (PDF)
    AW8-3 Statement of Compensation (PDF)
  3. NEW Oath for Early Voting Ballot Board/Central Counting Station (87.006, 127.0015):    HB 1735 (85th Legislature, RS, 2017) created a new oath for all members of the Early Voting Ballot Board and the Central Counting Station.   The statutory language shall be used for primary elections, the general election for state and county offices and special elections ordered by the Governor.  The SOS has prescribed an alternate version of the oath for all other elections that do not contain party affiliation.     This oath is located in the Early Voting Ballot Board Handbook and on forms prescribed by the SOS.  Entities should also provide for the administration of this oath in their Central Counting Station Plans.

    New Form: AW8-3a Oath for Early Voting Ballot Board and Central Counting Station Personnel (PDF)

  4.  NEW Oath for Residential Care Facility Judge (107.005):  This oath must be completed by election judges delivering ballots to a residential care facility in accordance with Chapter 107 of the Texas Election Code.   Note that Chapter 107 is only in effect from 9/1/17-11/30/17.

    New Form: AW20-4 Oath for Residential Care Facility Judge