Denver, CO asked in Contracts, Constitutional Law and Education Law for Colorado

Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here are some general possibilities:

1. Vacancy: The position may be declared vacant if the elected official does not take the oath within the specified time. This is because taking the oath is a necessary step to officially assume the office.

2. Appointment: If the position is declared vacant, the school board may need to appoint someone to fill the vacancy until the next election. The appointment process typically involves accepting applications, conducting interviews, and voting on the best candidate.

3. Special election: In some cases, a special election may be required to fill the vacancy if the school board cannot agree on an appointment or if state law mandates a special election.

4. Extension: In rare instances, the school board or the state may allow an extension for the elected official to take the oath, especially if there are extenuating circumstances.

It's important to note that the specific consequences will depend on the laws and policies governing the Widefield School District Three and the state of Colorado. The school district's legal counsel can provide more detailed guidance on how to proceed in this situation.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: It could depend on how the district's rules treat such a lateness, and whether there are provisions allowing extension. Good luck

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