That is basically it Frederick Burrell;


When an officer is setting properly with an oath - then there is authority. When he is not, there is a vacant office and de facto authority from acquiescence and voluntary submission.

Some associate the model with government being a corporation but that has its limitations in my opinion.

Look through this Exhibit.

There is a combination of factors that qualify an office. The oath must follow form - meaning if the official swears, he or she must swear by an authority - namely in Colorado - the ever-living God. If the official affirms instead, then they must follow that form - which is not to swear. One or the other.

If the official is a county judge, then the oath must be subscribed and published at the county clerk and recorder. If the official is a district judge - then the oath must be subscribed and published at the secretary of state. If this is not correctly filed then the office is vacant.

When there is a defect in the oath - the intention is clearly that the de facto office is only valid if the official hurries to correct the problem. Read People v. Scott. However chief justice Mary J. MULLARKEY had to justify current AG John William SUTHERS for running his DA position (Fourth Judicial District - Colorado) for eight years so she clipped only this sentence to deny certiorari:


If one receives a majority of the legal votes cast, is declared by the proper canvassing board to be duly elected,is inducted into the office, and proceeds with the performance of the duties connected therewith until the disability is adjudged by a proper tribunal, he is a de facto officer, whose acts performed in the discharge of his official duties are valid and binding.

Wouldn't you guess - this certiorari has been scrubbed.

I have always upheld that this one sentence, selected because it has nothing about repairing the defect quickly as possible, would only hold true if the electorate is aware the official's oath is faulty and decides as a body politic that it is fine. - Which of course, the People would never do if they knew that the official was intentionally running a vacant office.

Click here. SUTHERS cleared out his office the next morning.