Statutory Oath vs Constitutional Oath
In the notary application process, a Colorado notary makes an affirmation (sworn statement under penalty of perjury) to obey notary laws. The current form used by the Colorado Secretary of State (SOS) is titled: “Affirmation for Appointment and Commission as a Notary Public.”
“I, (notary name), solemnly affirm, under penalty of perjury in the second degree, as defined in section 18-8-503, Colorado Revised Statutes, that I have carefully read the notary law of this state, and if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law.”
A Colorado notary must be a US citizen, a legal permanent resident, or otherwise lawfully present in the US under federal law. A notary is not required to be bonded.
In the past, Colorado notaries were required to be bonded, and they took a different oath of office, a constitutional oath, which read:
“I, (notary name), do solemnly swear that I will support the Constitution of the United States, the Constitution, and Laws of the State of Colorado and that I will perform all the duties pertaining to the office of Notary Public to the best of my knowledge and ability, so help me God.
I do further swear and affirm that I am a citizen of the United States and a qualified elector of the State of Colorado and have resided in the County of _____ for ninety days passed.”
The current notary oath of office is a statutory oath, not a Constitutional oath, and makes no mention of supporting the state or federal Constitution, only to act in conformance with the law. God is no longer mentioned in the oath of office. It is now an affirmation of office, made under penalty of perjury.
The Colorado Constitution remains the governing document and basis for Colorado law. Statutes written by legislators should be written in compliance with the constitution.