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Opinion No. 58-210

October 24, 1958

BY: OPINION OF FRED M. STANDLEY, Attorney General Howard M Rosenthal, Assistant Attorney General

TO: Mr. R. L. Guice, Administrative Officer, State Soil Conservation Committee, New Mexico College of A & M, State College, New Mexico

QUESTION

QUESTION

Do board members whose terms have not expired have to again sign oath forms on the election or appointment of other members to the board?

CONCLUSION

No.

OPINION

ANALYSIS

The only references to oaths of members of soil conservation district boards appear to be Article XX, Section 1 of the New Mexico Constitution.

This section provides:

"Every person elected or appointed pointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the Constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability."

Nothing appears in this constitutional provision or elsewhere that requires members of a continuing board to subscribe to new oaths every time the board is reconstituted either by appointment or election.

Consequently, in the absence thereof, the original oath is sufficient until the individual making the oath enters upon a new term of office.

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