# Title 44 — Offices and Officers

## Chapter 44-05 — Administration of Oaths

### § 44-05-01. Officers authorized to administer oaths.

The following officers are authorized to administer oaths:
1. Each justice of the supreme court, each judge of the district court, the clerk of the
supreme court, and the clerk's deputy.
2. The clerk of the district court, county auditor, recorder, and the deputy of each such
officer within that officer's county.
3. Each county commissioner and public administrator within that officer's county.
4. Notary public anywhere in the state.
5. Each city auditor, municipal judge, and township clerk, within that officer's own city or
township.
6. Each sheriff and the deputy sheriff within the sheriff's county in the cases prescribed
by law.
7. Other officers in the cases prescribed by law or by rule of the supreme court.
### § 44-05-02. Person may affirm.

A person conscientiously opposed to swearing may affirm and is subject to the penalties of
perjury as in case of swearing.
### § 44-05-03. Fee for taking acknowledgment and administering an oath.

Any officer authorized by law to take and certify acknowledgment of a deed or other
instrument is entitled to charge and receive not more than five dollars.
### § 44-05-04. Place of filing oath of office.

Unless otherwise provided by law, any civil or public officer required by section 44-01-05 or
any other provision of law to take an oath of office must file the original oath as follows:
1. If a state official or member of a state board, with the secretary of state.
2. If a county official or member of a county board, with the county auditor.
3. If a city official or member of a city board, with the city auditor.
4. If a member of a district or political subdivision that is larger than a county, with the
secretary of state.
