N.C. Gen. Stat. » Chapter 128
NC General Statutes

N.C. Gen. Stat. § 128-5 (2026)

Oath required before acting; penalty

✓ current as of July 2026
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Every officer and other person required to take an oath of office, or an oath for the faithful discharge of any duty imposed on him, and also the oath appointed for such as hold any office of trust or profit in the State, shall take all said oaths before entering on the duties of the office, or the duties imposed on such person, on pain of forfeiting five hundred dollars ($500.00) to the use of the poor of the county in or for which the office is to be used, and of being ejected from his office or place by proper proceedings for that purpose. (R.C., c. 77, s. 4; Code, s. 1873; Rev., s. 2367; C.S., s. 3203.)

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1952–2025 · leading case: Vance S. Harrington & Co. v. Renner, 72 S.E.2d 838 (N.C. 1952).
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Vance S. Harrington & Co. v. Renner, 72 S.E.2d 838 (N.C. 1952). · cites it 2× “However, failure to take an oath of office, while it might subject one exercising the duties of the office to a penalty, G.S. § 128-5, would not deprive his acts of the validity given those of de facto officers performing the duties of a de jure office.”
Baxter v. Danny Nicholson, Inc., 690 S.E.2d 265 (N.C. 2010). · cites it 18× “§ 128-7 and N.C.G.S. § 128-5, which imposes a fine on any officer required to take an oath who fails to do so "before entering on the duties of the office," are consistent with and indeed promote this goal.”
Vance S. Harrington & Co. v. Renner, 72 S.E.2d 838 (N.C. 1952). “However, failure to take an oath of office, while it might subject one exercising the duties of the office to a penalty (G.S. 128-5) would not deprive his acts of the validity given those of de facto officers performing the duties of a de jure office.”
Harmon v. Town of Wendell (E.D.N.C. 2025). · cites it 2× “321, 327 (1952) (citing N.C. Gen Stat § 128-5). CONCLUSION Based on the foregoing, plaintiffs’ motion for temporary restraining order (DE 8) is DENIED.”
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