CHAPTER 63 TIME AND MANNER OF QUALIFYING
63.1 TIME.
63.3 UNAVOIDABLE CASUALTY.
63.4 CONTEST.
63.5 GOVERNOR AND LIEUTENANT GOVERNOR.
63.6 JUDGES.
63.7 OFFICER HOLDING OVER.
63.8 VACANCIES -- TIME TO QUALIFY.
63.9 TEMPORARY OFFICER.
63.10 OTHER OFFICERS.
63.11 OATH ON BOND.
63.12 REELECTED INCUMBENT.
63.13 APPROVAL CONDITIONED.



        

63.1 TIME. Each officer, elective or appointive, before entering upon the officer's duties, shall qualify by taking the prescribed oath and by giving, when required, a bond, which qualification shall be perfected, unless otherwise specified, after being certified as elected but not later than noon of the first day which is not a Sunday or a legal holiday in January of the first year of the term for which the officer was elected. "Legal holiday" means those days provided in section 1C.1.

         Section History: Early Form

         [C51, § 319, 334, 335; R60, § 549, 564, 565; C73, § 670, 685--687;
      C97, § 1177; S13, § 1177; C24, 27, 31, 35, 39, § 1045; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 63.1] 

         Section History: Recent Form

         85 Acts, ch 81, §1
         Prescribed oath, § 63.5, 63.6, 63.10
         Bonds, chapter 64
         Unavoidable casualty, § 63.3
        

63.2 Reserved.

63.3 UNAVOIDABLE CASUALTY. When on account of sickness, the inclement state of the weather, unavoidable absence, or casualty, an officer has been prevented from qualifying within the prescribed time, the officer may do so within ten days after the time herein fixed.

         Section History: Early Form

         [C97, § 1177; S13, § 1177; C24, 27, 31, 35, 39, § 1047; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 63.3]
         Referred to in § 69.12
         General time to qualify, § 63.1, 63.4--63.8
        

63.4 CONTEST. In case the election of an officer is contested, the successful party shall qualify within ten days after the decision is rendered.

         Section History: Early Form

         [C51, § 335; R60, § 565; C73, § 687; C97, § 1177; S13, § 1177;
      C24, 27, 31, 35, 39, § 1048; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 63.4]
        

63.5 GOVERNOR AND LIEUTENANT GOVERNOR. The governor and lieutenant governor shall each qualify within ten days after the result of the election shall be declared by the general assembly, by taking an oath in its presence, in joint convention assembled, administered by a judge of the supreme court, to the effect that each will support the Constitution of the United States and the Constitution of the State of Iowa, and will faithfully and impartially, and to the best of the officer's knowledge and ability, discharge the duties incumbent upon the officer as governor, or lieutenant governor, of this state.

         Section History: Early Form

         [C51, § 320, 334; R60, § 550, 564; C73, § 671, 685; C97, § 1178;
      C24, 27, 31, 35, 39, § 1049; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 63.5]
        

63.6 JUDGES. All judges of courts of record shall qualify before taking office following appointment by taking and subscribing an oath to the effect that they will support the Constitution of the United States and the Constitution of the State of Iowa, and that, without fear, favor, affection, or hope of reward, they will, to the best of their knowledge and ability, administer justice according to the law, equally to the rich and the poor.

         Section History: Early Form

         [C51, § 322, 334; R60, § 552, 564; C73, § 673, 685; C97, § 1179;
      C24, 27, 31, 35, 39, § 1050; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 63.6] 

         Section History: Recent Form

         2006 Acts, ch 1030, §11
         Referred to in § 602.6403
        

63.7 OFFICER HOLDING OVER. When it is ascertained that the incumbent is entitled to hold over by reason of the nonelection of a successor, or for the neglect or refusal of the successor to qualify, the incumbent shall qualify anew, within the time provided by section 63.8.

         Section History: Early Form

         [C51, § 338; R60, § 568; C73, § 690; C97, § 1195; S13, § 1195;
      C24, 27, 31, 35, 39, § 1051; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 63.7]
        

63.8 VACANCIES -- TIME TO QUALIFY. Persons elected or appointed to fill vacancies, and officers entitled to hold over to fill vacancies occurring through a failure to elect, appoint, or qualify, as provided in chapter 69, shall qualify within ten days from the county board's canvass of such election, or within ten days from such appointment or failure to elect, appoint, or qualify, in the same manner as those originally elected or appointed to such offices.

         Section History: Early Form

         [C51, § 440; R60, § 668; C73, § 786; C97, § 1275; C24, 27, 31, 35,
      39, § 1052; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      63.8] 

         Section History: Recent Form

         2002 Acts, ch 1134, §76, 115
         Referred to in § 63.7, 69.12
        

63.9 TEMPORARY OFFICER. Any person temporarily appointed to fill an office during the incapacity or suspension of the regular incumbent shall qualify, in the manner required by this chapter, for the office so to be filled.

         Section History: Early Form

         [C73, § 691; C97, § 1194; C24, 27, 31, 35, 39, § 1053; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 63.9]
         Similar provisions, § 67.8, 68.5
        

63.10 OTHER OFFICERS. All other civil officers, elected by the people or appointed to any civil office, unless otherwise provided, shall take and subscribe an oath substantially as follows: I, ......, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all the duties of the office of ..... (naming it) in (naming the township, city, county, district, or state, as the case may be), as now or hereafter required by law.

         Section History: Early Form

         [C51, § 331, 332; R60, § 561, 562, 1084, 1132; C73, § 504, 514,
      675, 676; C97, § 1180; C24, 27, 31, 35, 39, § 1054; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 63.10]
         Referred to in § 63.11, 161A.6, 331.501, 331.551, 331.601,
      331.651, 331.751, 359.38, 602.8101
         Exceptions as to oath, § 63.5, 63.6
        

63.11 OATH ON BOND. Every civil officer who is required to give bond shall take and subscribe the oath provided for in section 63.10, on the back of the bond, or on a paper attached thereto, to be certified by the officer administering it.

         Section History: Early Form

         [C51, § 331; R60, § 561; C73, § 675; C97, § 1181; C24, 27, 31, 35,
      39, § 1055; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      63.11]
         Officers required to give bonds, chapter 64
        

63.12 REELECTED INCUMBENT. When the incumbent of an office is reelected, the incumbent shall qualify as above directed, but a judge retained at a judicial election need not requalify.

         Section History: Early Form

         [C51, § 338; R60, § 568; C73, § 690; C97, § 1193; C24, 27, 31, 35,
      39, § 1056; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      63.12]
        

63.13 APPROVAL CONDITIONED. When the reelected officer has had public funds or property in the officer's control, under color of the officer's office, the officer's bond shall not be approved until the officer has produced and fully accounted for such funds and property to the proper person to whom the officer should account therefor; and the officer or board approving the bond shall endorse upon the bond, before its approval, the fact that the said officer has fully accounted for and produced all funds and property before that time under the officer's control as such officer.

         Section History: Early Form

         [C73, § 690; C97, § 1193; C24, 27, 31, 35, 39, § 1057; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 63.13]

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