Q Is it legal for a newly elected public official to begin to exercise their duties prior to taking the oath of office and giving bond, if a bond is required for that office?

A No, Section 97-11-41 makes it illegal for a person to undertake to exercise the discharge of the duties of the office to which they have been elected without first having taken the oath of office and giving a bond as required by law. A person doing this shall be guilty of a misdemeanor and, on conviction, shall be fined up to $500.00 and/or imprisoned in the county jail for not more than one year.