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 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 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, imprisoned in the county jail for not more than one year, or both.