§ 3.
Qualifications for holding office 1.
No person shall be capable of holding a civil office who shall not, at
the time he shall be chosen thereto, have attained the age of eighteen
years, except that in the case of youth boards, youth commissions or
recreation commissions only, members of such boards or commissions may
be under the age of eighteen years, but must have attained the age of
sixteen years on or before appointment to such youth board, youth commission
or recreation commission, be a citizen of the United States, a resident
of the state, and if it be a local office, a resident of the political
subdivision or municipal corporation of the state for which he shall
be chosen, or within which the electors electing him reside, or within
which his official functions are required to be exercised, or who shall
have been or shall be convicted of a violation of the selective draft
act of the United States, enacted May eighteenth, nineteen hundred seventeen,
or the acts amendatory or supplemental thereto, or of the federal selective
training and service act of nineteen hundred forty or the acts amendatory
thereof or supplemental thereto. § 10.
Official Oaths Every
officer shall take and file the oath of office required by law, and every
judicial officer of the unified court system, in addition, shall file
a copy of said oath in the office of court administration, before he
shall be entitled to enter upon the discharge of any of his official
duties. An oath of office may be administered by a judge of the court
of appeals, the attorney general, or by any officer authorized to take,
within the state, the acknowledgment of the execution of a deed of real
property, or by an officer in whose office the oath is required to be
filed or by his duly designated assistant, or may be administered to
any member of a body of officers, by a presiding officer or clerk, thereof,
who shall have taken an oath of office. An oath of office may be administered
to any state or local officer who is a member of the armed forces of
the United States by any commissioned officer, in active service, of
the armed forces of the United States. In addition to the requirements
of any other law, the certificate of the officer in the armed forces
administering the oath of office under this section shall state (a) the
rank of the officer administering the oath, and (b) that the person taking
the oath was at the time, enlisted, inducted, ordered or commissioned
in or serving with, attached to or accompanying the armed forces of the
United States. The fact that the officer administering the oath was at
the time duly commissioned and in active service with the armed forces,
shall be certified by the secretary of the army, secretary of the air
force or by the secretary of the navy, as the case may be, of the United
States, or by a person designated by him to make such certifications,
but the place where such oath was administered need not be disclosed.
The oath of office of a notary public or commissioner of deeds shall
be filed in the office of the clerk of the county in which he shall reside.
The oath of office of every state officer shall be filed in the office
of the secretary of state; of every officer of a municipal corporation,
including a school district, with the clerk thereof; and of every other
officer, including the trustees and officers of a public library and
the officers of boards of cooperative educational services, in the office
of the clerk of the county in which he shall reside, if no place be otherwise
provided by law for the filing thereof. § 30.
Creation of vacancies 1.
Every office shall be vacant upon the happening of one of the following
events before the expiration of the term thereof: d.
His ceasing to be an inhabitant of the state, or if he be a local officer,
of the political subdivision, or municipal corporation of which he is
required to be a resident when chosen; h.
His refusal or neglect to file his official oath or undertaking, if one
is required, before or within thirty days after the commencement of the
term of office for which he is chosen, if an elective office, or if an
appointive office, within thirty days after notice of his appointment,
or within thirty days after the commencement of such term; or to file
a renewal undertaking within the time required by law, or if no time
be so specified, within thirty days after notice to him in pursuance
of law, that such renewal undertaking is required. The neglect or failure
of any state or local officer to execute and file his oath of office
and official undertaking within the time limited therefor by law, shall
not create a vacancy in the office if such officer was on active duty
in the armed forces of the United States and absent from the county of
his residence at the time of his election or appointment, and shall take
his oath of office and execute his official undertaking within thirty
days after receipt of notice of his election or appointment, and provided
such oath of office and official undertaking be filed within ninety days
following the date it has been taken and subscribed, any inconsistent
provision of law, general, special, or local to the contrary, notwithstanding.