# General Provisions (GGP)

## Title 2. Official Oaths

### Subtitle 1. Form of Oath

#### Section 2-101

Unless a State or local law requires a different form of oath, an individual appointed to a public position that requires the individual to take an oath, but not subject to the oath required by Article I, Sec. 9 of the Maryland Constitution, shall take an oath to perform faithfully the duties of the office to which the individual is appointed.

#### Section 2-102

No precatory words, including "so help me God", may be added to an oath not required by the Maryland Constitution.

#### Section 2-103

If an oath is required by the Code, an affirmation is sufficient if made by an individual conscientiously scrupulous of taking an oath.

### Subtitle 2. Administration of Oath

#### Section 2-201

An individual who administers an oath shall require the individual taking an oath to hold up a hand in recognition of the solemnity of the act unless:

(1) holding up a hand is not practicable; or

(2) it appears that another method would be more binding on the conscience of the individual taking the oath.

#### Section 2-202

(a) The Governor and the Lieutenant Governor shall take and subscribe the oath required by Article I, Sec. 9 of the Maryland Constitution:

  (1) on the third Wednesday of January that next follows the election of the Governor, or as soon thereafter as is practicable, between the hours of noon and 2:00 p.m. in the chamber of the Senate of Maryland; and

  (2)

    (i) before the Chief Justice of the Supreme Court of Maryland; or

    (ii) if the Chief Justice is unable to attend, before one of the associate justices of the Supreme Court of Maryland.

(b) The clerk of the Supreme Court of Maryland shall maintain a book that records the oaths taken and subscribed under this section.

#### Section 2-203

(a) The oath required by Article I, Sec. 9 of the Maryland Constitution shall be taken and subscribed before the Governor by:

  (1) the Adjutant General;

  (2) the Attorney General;

  (3) the Comptroller;

  (4) the justices of the Supreme Court of Maryland;

  (5) the clerk of the Supreme Court of Maryland;

  (6) the justices of the Appellate Court of Maryland;

  (7) the clerk of the Appellate Court of Maryland;

  (8) the Secretary of State;

  (9) the State Reporter; and

  (10) the State Treasurer.

(b) On the third Monday of January that next follows the election of the Comptroller, or as soon thereafter as is practicable, the successful candidate for that office shall qualify by taking the oath required by Article I, Sec. 9 of the Maryland Constitution.

(c) The Secretary of State shall maintain a book that records the oaths taken and subscribed under this section.

#### Section 2-204

(a)

  (1) A member of the Senate of Maryland shall administer the oath required by Article I, Sec. 9 of the Maryland Constitution to the President of the Senate.

  (2) The President of the Senate shall administer the oath required by Article I, Sec. 9 of the Maryland Constitution to the other members and officers of the Senate of Maryland.

(b)

  (1) A member of the House of Delegates shall administer the oath required by Article I, Sec. 9 of the Maryland Constitution to the Speaker of the House of Delegates.

  (2) The Speaker of the House of Delegates shall administer the oath required by Article I, Sec. 9 of the Maryland Constitution to the other members and officers of the House of Delegates.

(c) The members of the General Assembly shall subscribe the oath that the members take under subsections (a) and (b) of this section.

#### Section 2-205

Except for a mayor or chief executive officer of a municipal corporation, all officers of a municipal corporation shall take an oath before the mayor or chief executive officer of the municipal corporation if an oath is required by State or local law.

#### Section 2-206

Except for an officer specified in Sec.Sec. 2-202 through 2-205 of this subtitle, an officer elected or appointed to any office of trust or profit under the Maryland Constitution or other State law, including a mayor or other chief executive officer of a municipal corporation, shall take and subscribe the oath required by Article I, Sec. 9 of the Maryland Constitution before a clerk or a deputy clerk of the circuit court.

### Subtitle 3. Miscellaneous Provisions

#### Section 2-301

An individual elected or appointed to an office shall be deemed to have refused the office if the individual declines or neglects to take and subscribe the oath required by Article I, Sec. 9 of the Maryland Constitution or by other State or local law:

(1) within 30 days after the office of a clerk of a circuit court receives the commission of the individual; or

(2) if the commission is not sent to a clerk of a circuit court, within 30 days after the individual receives the commission or the notice of appointment.

#### Section 2-302

(a) The clerk of each circuit court shall regularly report to the Secretary of State the names and offices of all officers who have taken and subscribed an oath before the clerk.

(b) The Secretary of State:

  (1) shall preserve a report required by subsection (a) of this section; and

  (2) equally with the clerk of a circuit court, is competent to certify that an officer has qualified by taking and subscribing an oath before the clerk.

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Md. Code Ann., Gen. Prov. (as displayed at mgaleg.maryland.gov, October 16, 2026)
