2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 3 - Official Oaths and Commissions
Article 1 - Official Oaths
§ 45-3-10. Effect of Failure to Take and File Oath Upon Validity of Official Acts
The official acts of an officer shall be valid regardless of his omission to take and file the oath, except in cases where so specially declared.
(Orig. Code 1863, § 142; Code 1868, § 137; Code 1873, § 147; Code 1882, § 147; Civil Code 1895, § 242; Civil Code 1910, § 277; Code 1933, § 89-310.)
OPINIONS OF THE ATTORNEY GENERAL
Official actions not invalidated for failure to take oath.
- Failure of a deputy to take the required oath does not render the deputy's acts taken under color of office to be invalid, inasmuch as notwithstanding the deficiency, the deputy is still a "de facto officer"; the same rule applies where the deficiency is a failure to furnish bond. 1965-66 Op. Att'y Gen. No. 66-211.
RESEARCH REFERENCES
ALR.
- Right of de facto officer to salary or other compensation annexed to office, 151 A.L.R. 952.
Presumption and burden of proof as to one's status as a de facto officer upon which validity or effect of his act depends, 161 A.L.R. 967.
