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Election Advisory No. 2024-28

To: Election Officials
From: Christina Worrell Adkins, Director of Elections
Christina Adkins signature
Date: September 19, 2024
RE: Required Oaths for Election Officers and Poll Watchers

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

All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.

Texas Election Code Section 1.016 sets out the list of individuals that may administer oaths that are required by the Texas Constitution or the Texas Election Code prior to an election officer taking service. 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 or municipal clerk or the clerk’s deputies;
  3. A county tax assessor-collector or 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 elections administrator;
  7. The secretary of the governing body of a political subdivision other than a county or city or the authority performing the duties of a secretary under the Election Code;
  8. A presiding election judge or alternate 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 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 officers prior to entering service or performing their duties.

Statement of Officer/Constitutional Oath of Office (Article XVI, Section 1, Texas Constitution): In Opinion No. KP-0140 (2017) (PDF), the Attorney General determined that all presiding judges, alternate judges, and early voting clerks must complete the Statement of Officer and take the constitutional oath of office. This includes the presiding judge and alternate judge of the early voting ballot board and central counting station. Deputy early voting clerks, other members of the early voting ballot board, and other central counting station personnel are not required to take the constitutional oath of office or complete the Statement of Officer. The constitutional oath and Statement of Officer must be completed prior to entering service.

Forms: 23-3 Statement of Officer, 7-2 Constitutional Oath for Presiding Judge, Alternate Judge, and Early Voting Clerk (PDF)

Statutory Oath of Office (Sec. 62.003): The statutory oath of office must be completed by all presiding judges, alternate judges, and election clerks for election day polling places, as well as the early voting clerk and deputy early voting clerks at early voting polling places. Please note that the presiding judge and alternate judge of the early voting ballot board and central counting station, members of the early voting ballot board, and the central counting station personnel are not required to take the statutory oath of office provided under Section 62.003 of the Election Code. This oath is also located on the Statement of Compensation.

Forms: 7-1 Oath of Election Judges and Clerks (PDF), 7-3 Statement of Compensation (PDF)

Oath for Early Voting Ballot Board/Central Counting Station (Secs. 87.006, 127.0015): The statutory language provided under Sections 87.006 and 127.0015 of the Election Code shall be used for joint primary elections, the general election for state and county offices, and special elections ordered by the Governor.

Please note that the Secretary of State has prescribed an alternate version of the oath provided under Sections 87.006 and 127.0015 of the Election Code for separate primary elections and all other elections that do not contain party affiliation.

All members of the early voting ballot board, including the presiding judge and alternate judge, are required to take the oath provided under Section 87.006 of the Election Code. All central counting station personnel, including the presiding judge and alternate judge, are required to take the oath provided under Section 127.0015 of the Election Code.

This oath is located in the Early Voting Ballot Board Handbook. Entities should also provide for the administration of this oath in their central counting station plans.

Form: 10-1 Oath for Early Voting Ballot Board and Central Counting Station Personnel (PDF)

Oath for Poll Watcher (Sec. 33.051(h)): Before a poll watcher may be accepted for service at their appointed location, the watcher is required to take an oath administered by the election officer who is presented with the watcher’s certificate of appointment.

Forms: 4-26 Certificate of Appointment of Poll Watcher by a Candidate (PDF), 4-27 Certificate of Appointment of Poll Watcher by Political Party (PDF), 4-28 Certificate of Appointment of PollWatcher for Propositions or Measures (PDF), 4-29 Certificate of Appointment of Poll Watcher by Registered Voters on Behalf of a Write-in Candidate (PDF)

CA:RJ