Notary Tip: Using Supplementary ID

This is repost for my audience who has recently join my blog. Updated 2-20-18. The most important part of a Notary’s duty is verifying the identities of their signers. But what if you’re just not sure? Can you ask for supplementary ID?

Generally, you can ask for a secondary ID, but just what type of ID depends on your state’s regulations. Some states have very strict requirements regarding the types of ID you may use. Others less so. And the rest leave it up to the Notary to decide what they will accept.

A common issue confounding Notaries is the disparity between the signer’s appearance and their ID photo and/or description. But that doesn’t necessarily mean your signer is an impostor. In many states ID photos aren’t updated for a decade or longer, and a person’s appearance can change dramatically in that time. In Arizona, for example, driver’s license and ID card photos are only updated every 12 years.

States With Strict ID Rules

States such as Florida, California and Tennessee provide specific lists of IDs that Notaries may rely on to verify a signer’s identity. We call these states “strict” because they limit Notaries to accepting only the specific IDs on the list.

These lists always include state-issued driver’s licenses and ID cards; U.S. and often foreign passports; and various other specific U.S. or government-issued ID. If you’re a Notary in a state with stringent rules, make sure to check you state Notary laws for the specific IDs you can use.

If you are in one of these jurisdictions, you may ask for a second ID, but it must come from your state’s list. In California, if a Notary is uncertain about the state-issued driver’s license, they could not rely on a school ID with the holder’s photo and signature. But they could accept an employee ID issued by a California city, county, or city and county agency, or military ID, provided it is current or has been issued in the past five years and has a serial number, photograph, signature and description of the individual.

States With General ID Rules

Other states have laws that prescribe the elements an ID must have but stop short of listing the specific IDs that are acceptable. We’ll categorize these states as having “general” ID rules. In North Carolina, Notaries may accept a current document issued by a federal, state, or federal or state-recognized tribal governmental agency that contains the photograph of the bearer’s face and either the signature or a physical description of the bearer. In Texas, Notaries may accept a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person.

In these states, you have wider range of acceptable supplemental ID available that meet the general rules. However, any ID you rely on must still have all the elements required by statute or rule.

States Without ID Rules

Finally, some states do not have any requirements for the types of ID you may accept. Minnesota, for example, says a Notary may rely on “identification documents” to establish the signer’s identity. In some cases, a state commissioning official may suggest recommended guidelines in its Notary handbook or on its website. New York, for example, allows its Notaries to accept reliable ID cards and notes that the best types include the person’s photo, physical description and signature.

In these states, Notaries have the most latitude in deciding what constitutes acceptable, supplementary ID because only the Notary must be satisfied, not a specific state law.

While you could potentially accept a university ID or library card, keep in mind, however, that you may have to defend your decision if the notarization is challenged later. As a minimum best practice, The Notary Public Code of Professional Responsibility recommends accepting “reliable identification document bearing a photograph.”

Keep in mind that Social Security cards and similar documents are easily forged and lack the elements — such as a photo and physical description — that would help you verify that your signer is who they claim to be. In addition, if you have doubts about the primary ID your signer produced, don’t lower your standards for a supplemental ID. Always remember you’re on the line when you certify that a signer with a claimed identity appears before you.

A Final Recommendation

Notaries often ask if a marriage license constitutes acceptable supplementary ID. Usually, they are faced with a situation in which a newly married woman is signing a document in her married name, but only has an ID issued in her maiden name. A marriage license typically contains little identifying information. And, it doesn’t contain a photo, as The Notary Public Code of Professional Responsibility recommends. Therefore, the NNA does not recommend relying on a marriage license as a form of supplementary ID.

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