W. Va. Code » §6-1-3. Other officers.
West Virginia Code

W. Va. Code § 6-1-3 (2026)

Other officers

✓ current as of May 2026
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ARTICLE 1. OATHS OF OFFICE.

§6-1-3. Other officers.

Except as provided in sections one and two of this article, every person elected or appointed to any office in this state, before proceeding to exercise the authority or discharge the duties of such office, shall take the oath or affirmation prescribed in section 5 of article IV of the Constitution of this state; but this section shall not be construed to require any executor, administrator, trustee, guardian, curator, committee, special commissioner, election officer, registration officer, or person authorized to celebrate the rites of matrimony, to take any oath other than that otherwise required of by law.

Notes of Decisions
Cited in 6 cases, 1983–2020 · leading case: Nelson v. West Virginia Pub. Employees Ins. Bd., 300 S.E.2d 86 (W. Va. 1983).
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Nelson v. West Virginia Pub. Employees Ins. Bd., 300 S.E.2d 86 (W. Va. 1983). · cites it 4× “It is implicit in our system of government that public officers will perform their duties in accordance with statute. Indeed, the constitution explicitly contemplates and mandates that public officers " shall perform such duties as may be prescribed by law.”
Kerns v. Wolverton, 381 S.E.2d 258 (W. Va. 1989). · cites it 2× “” Although the same language is not included in the following paragraph regarding special prosecutors, we must conclude that this was the result of legislative oversight, as W.”
State v. Macri, 487 S.E.2d 891 (W. Va. 1996). “In addition, *704 Appellees cite West Virginia Code § 6-1-3 (1993). However, we find this section, while mandating that certain officers must take the oath prescribed in our constitution, only otherwise states that certain specified groups of people are not required under this…”
Dwayne Cales v. Town of Meadow Bridge, 800 S.E.2d 874 (W. Va. 2017). “In Petitioner’s reply brief, he asserts an alternative argument that despite the fact that the enabling statute, West Virginia Code § 16-13-18, expres'sly requires an oath only if it is required by the enabling town ordinance, he was required to take an oath of office under West…”
John Leyzorek v. Pocahontas Co. Solid Waste Auth. (W. Va. 2014). · cites it 5× “5 See W.Va. Code § 6-1-3 (state officers required to take oaths of office).”
State ex rel. Just. v. The Honorable Charles E. King, Jr., 852 S.E.2d 292 (W. Va. 2020). · cites it 2× “4, § 5; W. Va. Code § 6-1-3 (1979 Replacement Vol.”
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