Idaho Code
Idaho Code

Idaho Code § 59-401 (2026)

Loyalty oath — Form. 

✓ current as of May 2026
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Loyalty oath — Form. 

Before any officer elected or appointed to fill any office created by the laws of the state of Idaho enters upon the duties of his office, he must take and subscribe an oath, to be known as the official oath, which is as follows:

"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of     (insert office)     according to the best of my ability."
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1962–2025 · leading case: State v. Whelan, 651 P.2d 916 (Idaho 1982).
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State v. Whelan, 651 P.2d 916 (Idaho 1982). · cites it 24× “Resolution of the defendant's allegations requires a review of two Idaho statutes, I.C. §§ 59-401 and 50-204. I.C. § 59-401 provides, in part: "59-401.”
State v. Harrold, 750 P.2d 959 (Idaho Ct. App. 1988). · cites it 14× “Idaho Code § 59-401 (including parenthetical language) provides: Before any officer elected or appointed to fill any office created by the laws of the state of Idaho enters upon the duties of his office, he must take and subscribe an oath, to be known as the official oath, which…”
Heckler v. Shepard, 243 F. Supp. 841 (D. Idaho 1965). · cites it 16× “" [Idaho Code, § 59-401, as amended by ch. 210, Idaho Session Laws (1963).”
Nate v. Lawerence Denney, 464 P.3d 287 (Idaho 2017). · cites it 2× “We therefore overrule Cenarrusa to the extent that it is inconsistent with this opinion.”
Jewett v. Williams, 369 P.2d 590 (Idaho 1962). · cites it 2× “” The Director of Administration is included in the phrase “other designated authority” in the instance here, inasmuch as the legislature made the appropriation of $20,000 to the Director.”
Wasden v. State Bd. of Land Commissioners, 280 P.3d 693 (Idaho 2012). · cites it 2× “I.C. § 59-401. Therefore, it is incumbent upon the Attorney General to safeguard the Constitution against legislative enactments that encroach upon or conflict with its provisions.”
Buck v. Steckel (D. Idaho 2025). · cites it 2× “He also alleges Judge Steckel violated Article VI of the United States Constitution and Idaho Code § 59-401 (loyalty oaths) and § 1-2221(7) (senior judge eligibility requirements) because he was unable to find an oath of office on file, leading him to the conclusion Judge…”
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