Virginia Law

Every person before entering upon the discharge of any function as an officer of this Commonwealth shall take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ____________________ according to the best of my ability, (so help me God)."

Any person reappointed to any office filled by gubernatorial appointment for a subsequent term to begin immediately upon expiration of an existing term shall not be required to renew the oath set out in this section; however, the original oath taken shall continue in effect with respect to the subsequent term.

Const., § 34; Code 1919, § 269; 1936, p. 49; 1971, Ex. Sess., c. 16; 1980, c. 320; 1988, c. 255.

Where a person residing in another state is appointed a commissioner by the Governor, he shall only be required to take and subscribe the following oath or affirmation:

"I, ____________________, swear (or affirm) that I will faithfully perform the duties of commissioner to the best of my ability. So help me God."

Code 1919, § 272.

The oaths to be taken by a person elected a member of either house of the General Assembly shall be administered by the clerk or presiding officer of the houses, respectively, or a notary. Those to be taken by any judge of any court of record elected by the General Assembly shall be administered in a court of record, or by any judge, or by any officer authorized by law to administer an oath. Those to be taken by any person elected or appointed an officer of either house of the General Assembly shall be administered by the person and in the manner prescribed by the rules of such house. The oaths to be taken by a person elected or appointed to any other office or post shall, except in cases in which it may be otherwise directed by law, be administered by the clerk of a court of record, by any judge, by a Commissioner or clerk of the State Corporation Commission or by the Secretary of the Commonwealth. A magistrate or person holding a comparable position in another state may administer the oaths to be taken by a commissioner or other person residing therein.

Whenever a person required to take an oath of office is a member of the United States Armed Forces and is on active duty, or is deployed by the United States Department of Defense as a civilian, the oath set forth in § 49-1 may be administered by a notary public.

Code 1919, § 273; 1968, c. 639; 1983, c. 228; 1986, c. 255; 1988, c. 255; 1992, c. 390; 1992, Sp. Sess., cc. 1, 2; 2008, cc. 57, 713.

Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.

Code 1919, § 274; 1932, p. 339; 1968, c. 639; 1970, c. 783; 1986, c. 255.

An affidavit may also be made before any officer of any state or country authorized by its laws to administer an oath, and shall be deemed duly authenticated if it be subscribed by such officer and there be annexed to it a certificate of the clerk or any other officer of a court of record of such state or country, under an official seal, verifying the genuineness of the signature of the first mentioned officer and his authority to administer an oath, except that when such affidavit is made before a notary public of such other state or country the same shall be deemed and taken to be duly authenticated if it be subscribed by such notary with his official seal attached without being certified to by any clerk or other officer of a court of record.

Code 1919, § 275.

Whenever the purchaser of any fuel, provisions or other thing, whether of like kind with fuel and provisions or not, is required to make oath or affidavit as to the quantity or value of such fuel, provisions or other thing then in the possession of such purchaser, or to make any other oath or affidavit in relation thereto before he is allowed to purchase the same, such oath or affidavit may be administered by the seller with like effect, and with the same penalties for false swearing, as if the same had been administered by a magistrate.

1918, p. 266; Michie Code 1942, § 275a; 2008, cc. 551, 691.

An affidavit filed for a corporation or other entity may be made by its president, vice-president, general manager, cashier, treasurer, a director or attorney without any special authorization therefor, or by any person authorized by a majority of its stockholders, directors, partners or members to make the same.

Code 1919, § 276; 1986, c. 616.

When a person elected or appointed to any office or post takes the oaths required of him in a court of record, a transcript from the record of the court, stating the fact of their having been taken, and when he takes such oaths before a judge, or other person, a certificate of the person administering the same, stating the fact of their having been taken, shall be obtained by the person taking the same, and be by him delivered for record as follows -- that is to say: When an oath is taken by the Governor, Lieutenant Governor, or any other officer of the general state government or member of any board or commission specifically mentioned in the Constitution, or by any officer or employee of the general state government or officer or member or employee of any state board, commission, division, bureau, institution or agency of whom an oath is required by law, the record shall, unless otherwise provided by law, be kept in the office of the Secretary of the Commonwealth. When an oath is taken by a judge, the record shall be in the first court in which he sits. When taken by an officer appointed by or belonging to a court, it shall be in the said court or in such other court as may be provided by law. In the case of a member or officer of either house of the General Assembly, the record shall be on the journal of the house in which he qualifies, or in such other manner as that house may prescribe by its rules. In the case of any other officer, unless it be otherwise provided, the record shall be in the court of the county or corporation in which the duties are to be discharged; or, if his duties are not to be discharged wholly in one county or corporation, then in the court of the county or corporation in which such officer resides.

Code 1919, § 277.

If any person required to take an oath shall declare that he has religious scruples as to the propriety of taking it, he may make a solemn affirmation, which shall in all respects have the same effect as an oath.

Code 1919, § 278.

No officer of this Commonwealth, or any political subdivision thereof, shall, in administering an oath in pursuance of law, require or request any person taking the oath to kiss the Holy Bible, or any book or books thereof, but persons being sworn for any purpose may be required to place their hand on the Holy Bible.

Any officer violating this section shall be subject to a fine of $100.

1920, p. 54; Michie Code 1942, § 278a.

If any officer or person mentioned in § 49-1 shall act in his office or function before taking such oaths as are required by law, he shall forfeit not less than $100 nor more than $1,000.

Code 1919, § 288.