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THE RULES ON OATHS OF OFFICE REQUIREMENTS

 

FAILURE IN ANY WAY TO FOLLOW THESE RULES IS AN AUTOMATIC VACATING OF OFFICE BY THE PARTY SO VIOLATING THESE RULES.

 

 

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 15.  PUBLIC OFFICERS AND EMPLOYEES

CONSTITUTIONAL OATH OF OFFICE

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

15.151. Employees and persons in service of state to take constitutional oath of office

 

            Sec. 1. All persons now employed, or who may be employed by the state of Michigan,  or any governmental agency thereof, and all other persons in the service of the state or any governmental agency, shall, as a condition of their employment, take and subscribe to the oath or affirmation required of members of the legislature and other public officers by section 2 of article 16 of the constitution of 1908 of the state of Michigan. [FN1]

 

            [FN1]  See, now, Const. Art. 11, Sec. 1.

 

 

M.C.L.A. 49.33

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 49.  PROSECUTING ATTORNEYS

ASSISTANTS, CLERKS, AND INVESTIGATORS

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

49.33. Statement of appointment, filing

 

            Sec. 3. The prosecuting attorney shall, within 10 days after entering on the execution of the duties of his office, file in the office of the county clerk a statement in writing of his appointments, designating 1 assistant prosecuting attorney as chief assistant prosecuting attorney and designating all other assistant prosecuting attorneys in the order in which they shall rank in discharging the functions and performing the duties of the office of prosecuting attorney.

 

M.C.L.A. 49.42

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 49.  PROSECUTING ATTORNEYS

ASSISTANT PROSECUTING ATTORNEYS

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

 

49.42. Assistant prosecuting attorney;  term, duties, oath, compensation

 

            Sec. 2. Any such assistant prosecuting attorney shall hold his office during the pleasure of the prosecuting attorney appointing him, perform any and all duties pertaining to the office of prosecuting attorney at such time or times as he may be required so to do by the prosecuting attorney and during the absence or disability from any cause of the prosecuting attorney, but he shall be subject to all the legal disqualifications and disabilities of the prosecuting attorney, and shall before entering upon the duties of his office take and subscribe the oath of office prescribed by the constitution of this state and file the same with the county clerk of his county.  The compensation of any such assistant prosecuting attorney shall be paid by the prosecuting attorney appointing him.

 

M.C.L.A. 49.52

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 49.  PROSECUTING ATTORNEYS

SECOND ASSISTANT PROSECUTING ATTORNEYS

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

49.52. Second assistant prosecuting attorneys;  term, duties, oath, compensation

 

            Sec. 2. Any such assistant prosecuting attorney shall hold his office during the pleasure of the prosecuting attorney appointing him, perform any and all duties pertaining to the office of prosecuting attorney at such time or times as he may be required so to do by the prosecuting attorney and during the absence or disability from any cause of the prosecuting attorney, but he shall be subject to all the legal disqualifications and disabilities of the prosecuting attorney, and shall before entering upon the duties of his office, take and subscribe to oath of office prescribed by the constitution of this state and file the same with the county clerk of his county.  Any such assistant prosecuting attorney shall be allowed by the county for his services such reasonable compensation as the board of supervisors shall determine.

 

 

M.C.L.A. 85.10

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTERS 81 TO 113.  FOURTH CLASS CITIES

FOURTH CLASS CITY ACT

CHAPTER V. OFFICERS

QUALIFICATIONS, OATH AND BOND OF OFFICE

 

 

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

85.10. Oath of office

 

            Sec. 10. All officers elected or appointed in the city, within 10 days after receiving notice of election or appointment, shall take and subscribe the oath of office prescribed by the state constitution of 1963 and file the oath with the city clerk.

 

M.C.L.A. 85.11

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTERS 81 TO 113.  FOURTH CLASS CITIES

FOURTH CLASS CITY ACT

CHAPTER V. OFFICERS

QUALIFICATIONS, OATH AND BOND OF OFFICE

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

85.11. Bond or security

 

            Sec. 11. Each officer elected or appointed in the city, before entering upon the duties of his or her office and within the time prescribed for filing the official oath, shall file with the city clerk the bond or security required by law, ordinance, or requirement of the council with sureties approved by the council, for the due performance of the duties of that person's office.  The bond or security of the clerk shall be deposited with the city treasurer.

 

M.C.L.A. 85.16

 

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTERS 81 TO 113.  FOURTH CLASS CITIES

FOURTH CLASS CITY ACT

CHAPTER V. OFFICERS

VACANCIES IN OFFICE

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

85.16. Failure to file oath or bond

 

            Sec. 16. If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to give the bond or security required for the due performance of the duties of his office, within the time herein limited therefore, the council may declare the office vacant, unless previous thereto he shall file the oath and give the requisite bond or security.

 

 

M.C.L.A. 168.467j

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 168.  MICHIGAN ELECTION LAW

MICHIGAN ELECTION LAW

CHAPTER XXIA. JUDGES OF THE DISTRICT COURT

 

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

168.467j. Oath of office

 

            Sec. 467j. Every person elected to the office of judge of the district court, before entering upon the duties of his office, shall take and subscribe to the oath as provided in section 1 of article 11 of the state constitution, and file the same with the secretary of state and a copy with each county clerk in his district.

 

TAKE SPECIAL NOTE OF THE FOLLOWING

 

M.C.L.A. 201.3

MICHIGAN COMPILED LAWS ANNOTATED

CHAPTER 201.  VACANCIES IN OFFICE

RESIGNATIONS, VACANCIES, AND REMOVALS VACANCIES

Current through P.A. 1995, Nos. 1to 3, 5 to 8, 10 to 24, 26,

28 to 58, and 61 to 100

 

201.3. Vacancies;  creation

 

            Sec. 3. Every office shall become vacant, on the happening of any of the following events, before the expiration of the term of such office:

 

            1. The death of the incumbent;

 

            2. His resignation;

 

            3. His removal from office;

 

            4. His ceasing to be an inhabitant of this state;  or, if the office be local, of the district, county, township, city, or village, for which he shall have been appointed, or within which the duties of his office are required to be discharged;

 

            5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office;

 

            6. The decision of a competent tribunal, declaring void his appointment, or,

 

THIS> 7. His refusal or neglect to take his oath of office, or to give, or renew any official bond, or to deposit such oath, or bond, in the manner and within the time prescribed by law.

 

 

 

            Clearly your Honor one could easily and fairly come to the simple Lawful conclusion that if a PARTY, CANDIDATE, OR ELECTED, OR APPOINTED OFFICIAL  truly desired to take an Official Office and actually hold that Official Office Lawfully he or she would certainly timely follow the Law and timely file within the (10) ten day requirement the appropriate OATH OF OFFICE AND OR SURETY BONDS and that failing that certainly the Record would be clear that he or she voluntarily vacated that Office for failure to timely file or post that OATH OF OFFICE AND OR SURETY BOND. It is about specific performance and clearly your Honor ALL OFFICE HOLDERS as a condition of employement are REQUIRED to file the appropriate OATH OF OFFICE and post the appropriate SURETY BONDS or they automatically VACATE THEIR OFFICE and having so vacated their OFFICE they would have no power or authority to speak or act as a REAL PARTY IN INTEREST WITH LAWFUL “ STANDING “  TO ACT OR SUE.