---
title: "RSA 92 Tenure and Oath of Office in Certain Cases"
id: 4b7a2fd2-69b6-4967-b4b5-1061447a4626
authority: us-nh
place: "New Hampshire"
applies_also_from: [us]
kind: statute
in_force: true
number: "92"
publisher_url: https://gc.nh.gov/rsa/html/VI/92/92-mrg.htm
solon_url: https://solon.orangecat.ch/law/4b7a2fd2-69b6-4967-b4b5-1061447a4626
language: en
in_force_from: 2022-05-24
date_basis: retrieved
status: consolidated
source_url: https://web.archive.org/web/20220524145500id_/https://www.gencourt.state.nh.us/rsa/html/VI/92/92-mrg.htm
copied_from: internet_archive
copy_captured_on: 2022-05-24
read_on: 2026-11-08
sha256: f5e2e5b61a49677605311f1dad03e95cb3116ef0f0193d1d916ae73475e6420d
provisions: 6
---

# RSA 92 Tenure and Oath of Office in Certain Cases

## 92:1 Tenure. {#sec_92-1}

All officers hereafter appointed by the governor and council, excepting judicial and military officers, and those whose terms are otherwise fixed by law, shall hold office for 5 years and be commissioned accordingly.
Source. Const. II, 73. RS 15:3. CS 15:3. GS 17:3. GL 18:3. PS 19:3. PL 18:3. RL 26:3.

## 92:2 Oath Required. {#sec_92-2}

No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.
Source. Const. II, 84. RS 15:4. CS 15:4. GS 17:4. GL 18:4. PS 19:4. PL 18:4. RL 26:4. RSA 92:2. 1969, 372:1, eff. Aug. 31, 1969.

## 92:3 Affirmation in Lieu of. {#sec_92-3}

If any person is conscientiously scrupulous of swearing, the word "affirm" may be substituted for "swear," in the form of the oath; and the words "This you do under the pains and penalties of perjury," instead of "So help you God." Such affirmation shall, for all purposes, be and constitute an oath.
Source. Const. II, 84. RS 15:5. CS 15:5. GS 17:5. GL 18:5. PS 19:5. PL 18:5. RL 26:5.

## 92:4 Ceremony. {#sec_92-4}

No other ceremony shall be deemed necessary, in swearing, than holding up the right hand.
Source. RS 15:6. CS 15:6. GS 17:6. GL 18:6. PS 19:6. PL 18:6. RL 26:6.

## 92:5 Who May Administer. {#sec_92-5}

Official oaths may be administered as follows: To the clerk of any court, by any 2 justices thereof, or by any 2 justices of the peace; to all military officers above the rank of field officers, and to all other officers appointed by the governor and council, by any 2 members of the council, or by any member of the council with a justice of the peace, or by any 2 justices of the peace or by any justice of the peace with any notary public, or by any 2 notaries public; to all other officers, by any justice of the peace within his or her county; to town officers in town meeting, by the moderator, or at any time by the town clerk, one of the selectmen, or a justice of the peace; to officers of school districts, in school meeting, by the moderator, or at any time by the clerk, one of the school board of the district, or a justice of the peace; and to the moderator of the district, by any legal voter of the district.
Source. RS 15:7; 35:1. 1848, 624:1. 1850, 981:1. CS 15:7; 74:9, 10. GS 17:7. GL 18:7. PS 19:7. PL 18:7. RL 26:7. 2007, 331:2, eff. July 16, 2007. 2018, 23:1, eff. July 14, 2018.

## 92:6 Certification and Recording. {#sec_92-6}

Official oaths shall be certified by the person administering the same and returned forthwith to the recording officer of the body making the election or appointment.
Source. RS 15:8. CS 15:8. GS 17:8. GL 18:8. PS 19:8. PL 18:8. RL 26:8. RSA 92:6. 1969, 372:2, eff. Aug. 31, 1969.