All persons who are employed by and are on the payroll of the state and are the recipients of wages, per diem, or salary of the state or its departments and agencies, with the exception of pages employed by the General Assembly, and all counties and cities, school districts, and local educational systems throughout the entire state, are required to take an oath that they will support the Constitution of the United States and the Constitution of Georgia.
History. Ga. L. 1949, p. 960, § 1; Ga. L. 1961, p. 552, § 1; Ga. L. 1982, p. 3, § 45; Ga. L. 1984, p. 22, § 45; Ga. L. 2002, p. 415, § 45; Ga. L. 2015, p. 385, § 5-3/HB 252.
The 2015 amendment, effective July 1, 2015, deleted “and that they are not members of the Communist Party” following “the Constitution of Georgia” at the end of this Code section.
Cross references.
Investigation of person prior to public employment to ascertain whether such person is a subversive person, § 16-11-13 .
Eligibility of subversive persons to be nominated or elected to public office, § 21-2-7 .
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’ ”
Law reviews.
For comment on Baggett v. Bullitt, 377 U.S. 360, 84 S. Ct. 1316 , 12 L. Ed. 2 d 377 (1964), see 2 Ga. St. B.J. 123 (1965).
Structure Georgia Code
Title 45 - Public Officers and Employees
Chapter 3 - Official Oaths and Commissions
§ 45-3-1. Oaths Required in Addition to Oath of Office and Constitutional Oath
§ 45-3-2. Form and Subscription of Oath
§ 45-3-3. Officer Authorized to Administer Oaths; Oaths to Be Written, Subscribed, and Dated
§ 45-3-4. Filing of Oaths — Generally
§ 45-3-5. Filing of Oaths — County Officers
§ 45-3-6. Filing of Oaths — Endorsement of Filing Time
§ 45-3-8. Effect of Failure to Take and File Oath Generally
§ 45-3-9. Entry Into Duties of Office Without Oath
§ 45-3-10. Effect of Failure to Take and File Oath Upon Validity of Official Acts
§ 45-3-10.1. Applicability of Code Sections 45-3-1 Through 45-3-10
§ 45-3-11. Loyalty Oath — Persons Required to Take Oath Generally
§ 45-3-12. Loyalty Oath — Elected Officers
§ 45-3-13. Loyalty Oath — Form
§ 45-3-14. Effect of Failure to Sign Loyalty Oath
§ 45-3-15. Proceeding for False Swearing When Loyalty Oath Violated