Additional Notes and Codes relative to Oaths
In relation to Government Code § 3109
The second paragraph of the oath prohibiting affiliation with organizations advocating the overthrow of the
government was struck by the California Supreme Court as an unconstitutional infringement on first
amendment rights of the US Constitution in Vogel vs County of Los Angeles (1967) 68 Cal.2d 18,
issued December 21, 1967, and final January 20, 1968 – Therefore only the first paragraph is
administered for either the Oath of Office to officers/deputies and Loyalty Oath to employees. Since the
constitution itself was not actually amended, however, both paragraphs are still codified.
Government Code §
1364 Additional test or qualification; prohibition against removal from office or position for
noncompliance
1365 Removal of appointing officer for failure to require additional test or qualification
1366 Remedies for removal or threat of removal additional test or qualification provisions