Section 15. Validation of official acts performed before filing official oath or undertaking  


Latest version.
  • If a public officer, duly  chosen,  has  heretofore
      entered,  or  shall  hereafter enter on the performance of the duties of
      his or her office,  without  taking  or  filing  an  official  oath,  or
      executing  or  filing  an  official  undertaking,  as  required  by  the
      constitution, section ten of this article, section  twenty-five  of  the
      town  law  or section one hundred four of the uniform justice court act,
      or by any general or special law, his or her acts as  such  officer,  so
      performed,  shall be as valid and of as full force and effect as if such
      oath had been duly taken and filed, and as if such undertaking had  been
      duly  executed  and filed, notwithstanding the provisions of any general
      or special law declaring any such office vacant, or authorizing it to be
      declared vacant, or to be filled as in case of vacancy, or imposing  any
      other  forfeiture or penalty for omission to take or file any such oath,
      or to execute or file any such undertaking; but this section  shall  not
      otherwise  affect any provision of any general or special law, declaring
      any such office vacant, or authorizing it to be declared vacant,  or  to
      be  filled  as  in  case of vacancy, or imposing any other forfeiture or
      penalty, by reason of the failure to take or file any such  oath  or  to
      execute or file any such undertaking; and this section shall not relieve
      any  such  officer from criminal liability for entering on the discharge
      of his or her official duties without taking  or  filing  such  oath  or
      executing or filing such undertaking in accordance with such provisions.