Maine - U.S. Notary Reference
Last updated: April 17, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (4 MRSA 1910.1.A.).
Notary Term Length
Seven years (4 MRSA 1922.4).
Notary Bond
Not required.
Notary Seal
Required for notarial acts on electronic records (4 MRSA 1916.2).
Notary Journal
Required for electronic and remote notarial acts (4 MRSA 1920.1).
ADMINISTRATION AND RULES
Commissioning Official
Maine’s Notaries are appointed, commissioned and regulated by the Secretary of State, who maintains records on them (5 MRSA 82).
Contact Information
Address: Department of Secretary of State
Bur. of Corporations, Elections & Commissions
Division of Corporations, UCC & Commissions
Notary Public Section
101 State House Station
(111 Sewall St., 4th Floor)
Augusta, ME 04333-0101Phone: 207-624-7752
Laws, Rules and Guidelines
Statutes: Most Notary rules are in the Maine Revised Statutes Annotated (MRSA) Title 4, Chapter 39, “Revised Uniform Law on Notarial Acts.”
Rules: Rules regulating Notaries are in the Code of Maine Rules (CMR) for the Secretary of State’s Bureau of Corporations, Elections & Commissions (29-250), Chapter 700 (“Rules Governing Notaries Public, Notarial Officers, Notarial Acts and the Procedures for Electronic and Remote Notarization”).
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: “An applicant for a notary public commission must:
“A. Be at least 18 years of age;
“B. Be a resident of or have a place of employment or practice in this State;
“C. Be able to read and write English;
“D. Not be disqualified to receive a commission under section 1924; and
“E. Have passed the examination required under [4 MRSA] section 1923, subsection 1. (4 MRSA 1922.2).
“An applicant [for a commission] must be worthy of the public trust. This means, at a minimum, that the applicant must:
“(1) Not have been convicted of any crime punishable by one year or more of imprisonment;
“(2) Not have been convicted of any crime involving fraud, dishonesty or deceit;
“(3) Not have received a finding or have made any admission of liability in any legal proceeding or disciplinary action against the applicant based on the applicant’s fraud, dishonesty or deceit;
“(4) Not have made any false, fraudulent, dishonest or deceitful statements in the application for a notary commission; and
“(5) Not have had a notary public commission in another state revoked, suspended, conditioned, or not renewed for cause” (CMR 29-250-700 Sec. 2.1.D).Course: Not required.
“The Secretary of State or an entity approved by the Secretary of State shall offer regularly a course of study to applicants for notary public commissions in this State. The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (4 MRSA 1923.2).Exam: Required (4 MRSA 1923.1).
“An applicant for a notary public commission who at the time of application does not hold a commission in this State must pass an examination administered by the Secretary of State or an entity approved by the Secretary of State. The examination must be based on the course of study described in subsection 2” (4 MRSA 1923.1).Application
Paper Application: The application form may be downloaded from the Secretary of State’s website.
Residents and Nonresidents: Unlike previous application forms, the latest form may be used by Maine residents and nonresidents.
No Longer Notarized: No longer must the form be signed and sworn to in the presence of another Notary or the municipal clerk and/or registrar of voters to certify on the form that the applicant is a resident of the municipality listed.
Notary Examination: The application form contains the Notary examination.
Fee: The completed application must be submitted with a $50 fee.
Background Screening: Not required.
Oath of Office
Requirement: “Before issuance of a notary public commission, an applicant for the commission shall take and subscribe the following oath or affirmation before a dedimus justice: “I, (name), do swear that I will support the United States Constitution and the Constitution of Maine, so help me God. I, (name), do swear that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as a notary public according to the Constitution of Maine and the laws of this State, so help me God.”
“When a person is conscientiously scrupulous of taking an oath, the word ‘affirm’ may be substituted for the word “swear” and the words ‘this I do under penalty of perjury’ may be substituted for the words ‘so help me God’ (4 MRSA 1922.3)Time Filing Requirement: “Upon approval of an application, a certificate of commission will be mailed to the applicant who then has 30 calendar days to appear before a Dedimus Justice to take the oath prescribed by 4 M.R.S. § 1922(3), and 45 calendar days from the date of appointment to return the completed certificate of qualification to the Secretary of State. If the Secretary of State does not receive the certificate within the 45 calendar days or the certificate demonstrates that the applicant was not sworn into office within 30 calendar days of appointment, the Secretary will notify the applicant of the failure to qualify. From the date of that notice, the applicant has 90 calendar days to request a reappointment by the Secretary of State. From the date of reappointment, the applicant has 30 calendar days to be sworn into office by a Dedimus Justice. If the applicant does not request reappointment within 90 calendar days from the date of notification of a failure to qualify, the applicant must reapply in order to be appointed as a notary public” (29-250 CMR Ch. 700, Sec. 2.4.A).
Dedimus Justice: Dedimus Justices are appointed for life by the Governor strictly to administer oaths of office (website, “Dedimus Justice”). Dedimus Justices are listed in the “Maine Register,” available in most town offices and libraries. They are also all listed by town on the Secretary of State’s website (website, “Notary/Dedimus Search”). Most county clerks of court are Dedimus Justices.
Non-Residents: Residents of another state of New Hampshire who are regularly employed or carry on a practice in Maine may become Notaries in the state (4 MRSA 1922.2.B).
Reappointment
Written Notification: 29-250 CMR Ch. 700, Sec. 3.1 specifies that the Secretary of State shall provide written notice to the Notary of the expiration of the Notary’s current commission 30 days prior to the expiration date. The notice is sent either by regular mail or to the email address of record.
Online Filing: Starting May 2008, all persons seeking to renew a Notary commission must use the online renewal process. Go to the Secretary of State’s website to link to the online renewal application (website, “Total Notary Solution”).
Examination: “An applicant for renewal must pass an examination administered by the Secretary of State to demonstrate an understanding of the laws, rules, procedures and ethics relevant to performing notarial acts” 29-250 CMR Ch. 700, Sec. 3.4).
Time Filing Requirement: Notaries may renew their commissions up to 90 days following the expiration of the current commission. If they fail to timely renew their commissions, they must reapply as a new Notary Public applicant. If an application to renew an expired commission is not received by the Secretary of State within 90 days after the date of expiration, the applicant must apply for a new commission (29-250 CMR Ch. 700, Sec. 3.3).
Fee: The commission renewal fee is $50, payable by credit card on the state’s Total Notary Solution portal.
Oath of Office: As with the initial application, an applicant must take the oath of office before a Dedimus Justice (29-250 CMR Ch. 700, Sec. 3.3).
No Immunity or Benefit: “A commission issued under subsection 4 authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this State on public officials or employees” (4 MRSA 1922.5).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts
Valid Commission or Law License: “In addition to submitting the notice described in section 5, subsection 6, paragraph A of this rule and accepted by the Secretary of State, a notary public who wishes to perform electronic notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of this State” (29-250 CMR Ch. 700, Sec. 5.6.B).
Authorization: “A notary public who has been issued a commission is not authorized to perform electronic … notarizations unless and until a notice meeting all the requirements described in section 5, subsection 6 … of this rule has been submitted to the Secretary of State and accepted in accordance with 4 M.R.S. Chapter 39 and this rule” (29-250 CMR Ch. 700, Sec. 2.4.B).
Initial Notification: “Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, the notarial officer shall notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records and identify the technology the notarial officer intends to use. If the Secretary of State has established by rule standards for approval of technology pursuant to section 1928, the technology must conform to the rules. The Secretary of State shall determine whether the technology proposed by the notarial officer is approved for use in this State” (4 MRSA 1921.2).
“If the applicant intends to perform notarial acts with respect to electronic records using an electronic signature, the applicant must submit the notice form prescribed by the Secretary of State that contains the information required by section 5, subsection 6 of this rule pertaining to electronic notarization” (29-250 CMR Ch. 700, Sec. 2.2.B[1]).
“Before performing a notarial act with respect to an electronic document or using an electronic signature for the first time, a notarial officer must notify the Secretary of State by providing the following information in a format prescribed by the Secretary of State:
“(1) The name(s) of the provider(s) of technology approved by the Secretary of State that the notarial officer intends to use in attaching or logically associating an electronic notarial signature, stamp and certificate to an electronic record;
“(2) Certification from each provider of technology the notarial officer intends to use, confirming that the notarial officer has received training in the use of that technology for electronic notarization and has been approved as a user of that technology;
“(3) A certification by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and this rule regarding electronic notarization; and
“(4) An example of the notarial officer’s electronic signature and official electronic stamp” (29-250 CMR Ch. 700, Sec. 5.6.A).Amendments to Notification: “After submitting written notice …, a notarial officer must amend the notice to include any change in the technology providers including but not limited to identifying any new or additional technology providers. Such amended notice must be submitted to the Secretary of State within ten 10 business days of making the change” (29-250 CMR Ch. 700, Sec. 5.6.C).
Termination of Authority: “A notarial officer’s authority to perform electronic notarizations automatically expires upon the occurrence of any of the following:
“(1) The notarial officer is a notary public and the notary public’s commission expires, is revoked, suspended or terminated by the Secretary of State;
“(2) The notarial officer is a notary public and the notary public resigns their commission;
“(3) The notarial officer is a notary public and the notary public no longer has a place of employment, a business or residence in this State;
“(4) The notarial officer is an attorney, upon suspension or termination of that attorney’s authority to practice law in this State; or
“(5) The Secretary of State has revoked or terminated approval of the technology provider whose technology the notarial officer is using to perform electronic notarization unless the notarial officer is approved to use another technology provider” (29-250 CMR Ch. 700, Sec. 5.6.D).
Remote Notarial Acts
Valid Commission or Law License: “In addition to submitting written notice to the Secretary of State in accordance with section 6, subsection 8, paragraph A of this rule and accepted by the Secretary of State, a notary public applying to perform remote notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of this state” (29-250 CMR Ch. 700, Sec. 6.7.B).
Authorization: “A notary public who has been issued a commission is not authorized to perform … remote notarizations unless and until a notice meeting all the requirements described in … section 6, subsection 8 of this rule has been submitted to the Secretary of State and accepted in accordance with 4 M.R.S. Chapter 39 and this rule” (29-250 CMR Ch. 700, Sec. 2.4.B).
Initial Notification: “Before a notarial officer performs the notarial officer’s initial notarial act under this section, the notarial officer shall notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals and identify the technologies the notarial officer intends to use. If the Secretary of State has established by rule standards under subsection 13 and section 1928 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (4 MRSA 1915.12).
“Before performing a remote notarization for the first time, a notarial officer must submit written notice to the Secretary of State in a format prescribed by the Secretary of State and must include the following information:
“(1) The name of the provider(s) of communication technology approved by the Secretary of State that the notarial officer intends to use for remote notarization;
“(2) Certification from the communication technology provider the notarial officer intends to use, confirming that the notarial officer has received training on the use of that technology for remote notarization and has been approved as a user of that technology; and
“(3) A declaration by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and this rule regarding remote notarization” (29-250 CMR Ch. 700, Sec. 6.7.A).Amendments to Notification: “After submitting written notice under section 6, subsection 8, paragraph A to the Secretary of State, a notarial officer must amend the notice to include any change in communication technology providers, including but not limited to identifying any new or additional technology providers. Such amended notice must be submitted to the Secretary of State within 10 business days of making the change” (29-250 CMR Ch. 700, Sec. 6.7.C).
Termination of Authority: “The notarial officer’s authority to perform remote notarizations automatically expires upon the occurrence of any of the following:
“(1) The notarial officer is a notary public and the notary public’s commission expires, is revoked, suspended or terminated by the Secretary of State;
“(2) The notarial officer is a notary public and the notary public resigns their commission;
“(3) The notarial officer is a notary public and the notary public is no longer a Maine resident and no longer has a place of employment or a business in this State;
“(4) The notarial officer is no longer authorized to perform notarial acts pursuant to 4 M.R.S. § 1910; or
“(5) The Secretary of State revokes or terminates approval of the technology provider whose technology the notarial officer is using to perform remote notarization unless the notarial officer is approved to use another technology provider” (29-250 CMR Ch. 700, Sec. 6.7.D).Exemptions: “The requirements for remote notarization in this rule do not apply to a judge, justice, clerk or deputy clerk of any court in Maine who is performing a notarial act for a remotely located individual in the course of performing exclusively judicial functions pursuant to statute, or rules or administrative orders adopted by the Maine Supreme Judicial Court. The requirements for remote notarization in this rule also do not apply to a court reporter in Maine administering the oath to a witness in a deposition conducted pursuant to the rules of procedure adopted by the Maine Supreme Judicial Court or the federal courts” 29-250 CMR Ch. 700, Sec. 6.7.E).
Jurisdiction
“A notarial act may be performed in this State by … [a] notary public of this State” (4 MRSA 1910.1.A).
Term Length
“The Secretary of State shall issue to an applicant who has complied with this section a notary public commission valid for a term of 7 years” (4 MRSA 1922.4; see also 29-250 CMR Ch. 700, Sec. 2.3).
Bond
Not required.
Online Search
On the website maintained by the Secretary of State, under “Notary/Dedimus Search,” information on any of Maine’s Notaries or Dedimus Justices may be looked up by submitting a name, town, county or language spoken. The Notary’s or Justice’s name, town, county, home phone, work phone and (for Notaries) commission expiration date are then provided.
Changes of Status
Address, Name, Information, and Conviction Changes: “Within 30 calendar days of the occurrence of any of the following changes to the notary’s status or information previously submitted, a notary public must submit written notice to the Secretary of State regarding the change(s) in a manner prescribed by the Secretary:
“(1) A change of the notary’s name by court order or marriage;
“(2) A change of the notary’s residence or mailing address;
“(3) A change of the notary’s email address or telephone number;
“(4) A change in the notary’s place of employment if the notary’s eligibility for a commission was based on having a place of employment in Maine;
“(5) A change in the location of the notary’s business if the notary’s eligibility for a commission was based on having a business in Maine;
“(6) A change to the information previously submitted in writing notifying the Secretary of State that the notary public will be performing notarial acts with respect to electronic records or remotely located individuals;
“(7) A conviction of a crime punishable by one year or more of imprisonment or of a crime involving fraud, dishonesty or deceit, as described in section 2, subsection 1, paragraph D of this rule; or
“(8) A finding against, or admission of liability by, the notary in any legal proceeding or disciplinary action based on the applicant’s or notary’s fraud, dishonesty or deceit” (29-250 CMR Ch. 700, Sec. 2.5.A).
Notaries may update their contact information (including changes in name, addresses, telephone numbers, language fluency, etc.) at any time through the Secretary of State’s website. There is no fee to update this information (website, “Total Notary Solution”).Name Change: “A notary public who notifies the Secretary of State of a name change … shall use the new name in performing notarial acts only after:
“(1) The notary has delivered the notice required by section 2, subsection 5, paragraph A of this rule;
“(2) The new name has been updated in the Secretary of State’s notary public database; and
“(3) The notary, if using a stamping device or official stamp, has made the change to their device bearing the new name” (29-250 CMR Ch. 700, Sec. 2.5.B).Amended Commission: “An amended certificate of commission will be issued by the Secretary of State upon receipt of notice of a name change or change of residence to a new municipality by the notary” (29-250 CMR Ch. 700, Sec. 2.5.C).
Resignation: “A notary public may resign their commission at any time by submitting written notice to the Secretary of State of the intent to resign. The resignation shall be deemed effective as of the date of the written notice. Upon resignation, a notary public shall return their certificate of commission to the Secretary of State” (29-250 CMR Ch. 700, Sec. 2.5.D).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Maine Notaries are authorized to perform the following notarial acts (4 MRSA 1902.5; 1904.1):
Take acknowledgments;
Administer oaths and affirmations;
Execute verifications on oath or affirmation;
Witness or attest signatures;
Execute protests;
Certify copies of documents;
Witness election petitions and absentee ballots (21-A MRSA 335, 336, 354, 355, 754-A, 901, 902 and 903);
Issue subpoenas (16 MRSA 101 and 37-B MRSA 427);
Call town meetings (23 MRSA 3101, 30-A MRSA 2521.3, 38 MRSA 851).
In-Person Electronic and Remote Notarial Acts: Maine Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definition
Acknowledgment: “'Acknowledgment' means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (4 MRSA 1902.1).
In a Representative Capacity: “'In a representative capacity' means acting as:
“A. An authorized officer, agent, partner, trustee or other representative of a person other than an individual;
”B. A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
“C. An agent or attorney-in-fact for a principal; or
“D. An authorized representative of another in any other capacity” 4 MRSA 1902.4).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (4 MRSA 1905.1).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (4 MRSA 1905.1).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (4 MRSA 1902.1):
Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
Oaths and Affirmations
Definition: “'Oath' includes an affirmation, when affirmation is allowed” (1 MRSA 72.14).
Requirements
Oath: “A person to whom an oath is administered shall hold up his hand unless he believes that an oath administered in that form is not binding, and then it may be administered in a form believed by him to be binding. One believing any other than the Christian religion may be sworn according to the ceremonies of his religion” (16 MRSA 151).
Affirmation: “Persons conscientiously scrupulous of taking an oath may affirm as follows: ‘I affirm under the pains and penalties of perjury,’ which affirmation is of the same force and effect as an oath” (16 MRSA 152).
Verifications
Definition: “'Verification on oath or affirmation' means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true” (4 MRSA 1902).
Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed….” (4 MRSA 1905.2).
Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (4 MRSA 1905.2).
Oath/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)” (4 MRSA 1917.3). The notarial officer must administer an oath or affirmation to the principal.
Witness Signature: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)” (4 MRSA 1917.3). The notarial officer must witness the principal execute their signature.
Signature Witnessings or Attestations
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (4 MRSA 1905.3).
Witness Signature: The certificate of notarial act for a signature witnessing reads, “Signed (or attested) before me on (date) by (name(s) of individual(s)” (4 MRSA 1917.4). The notarial officer must witness the principal execute their signature.
Copy Certifications
Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (4 MRSA 1905.4).
Public and Vital Records: “A notarial officer is not authorized to make any certified or attested copies of public records or vital records. A notarial officer may not certify a copy of any document that states on its face that it is illegal to make copies of the document” (29-250 CMR Ch. 700, Sec. 8).
Paper Printout Copy Certifications: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (4 MRSA 1904.2)
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person” (11 MRSA 3-1505[2]).
Limitation: “A notarial officer shall not make or note a protest of a negotiable instrument unless the notarial officer is an employee of a financial institution acting in the course and scope of the notarial officer’s employment with the financial institution” (29-250 CMR Ch. 700, Sec. 9).
Requirements: The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (11 MRSA 3-1505).
“When requested, a notarial officer shall enter on record all losses or damages sustained or apprehended by sea or land and all averages and such other matters as, by mercantile usage, appertain to the notarial officer’s office and shall grant warrants of survey on vessels; all facts, extracts from documents and circumstances so noted must be signed and sworn to by all the persons appearing to protest. The notarial officer shall note, extend and record the protest so made and grant authenticated copies thereof under the notarial officer’s signature and, in the case of a notary public, notarial stamp to those who request and pay for them” (4 MRSA 1905.6).
Election Petitions
Authority
Petitions: Maine Notaries are authorized to administer oaths and affirmations to candidates declaring their qualifications in a nomination petition (21-A MRSA 336 and 21-A MRSA 355) and to circulators witnessing signatures in primary petitions qualifying candidates (21-A MRSA 335 and 21 MRSA 354).
People’s Veto Referendum or Direct Initiative of Legislation: Maine Notaries also may notarize signatures on applications to initiate proceedings for a people’s veto referendum or direct initiative of legislation under 21-A MRSA 901, 902.
Requirements
Circulator Requirements: “ The circulator of a nomination petition shall verify by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the circulator personally witnessed all of the signatures to the petition and that to the best of the circulator's knowledge and belief each signature is the signature of the person whose name it purports to be; each signature authorized under section 153‑A was made by the authorized signer in the presence and at the direction of the voter; and each person is a resident of the electoral division named in the petition” (21-A MRSA 353.7.A; see also 21-A MRSA 902).
Notary Public Requirements
Sign Notarial Certificate in Presence of Circulator: “After administering the oath to the circulator, the notary public or other authorized person must sign the notarial certificate on the petition while in the presence of the circulator. After the petition is signed and verified in this manner, the petition must be submitted to the registrar for certification in accordance with the Constitution of Maine, Article IV, Part Third, Section 20” (21-A MRSA 902).
Journal: The Notary must keep a journal of these notarial acts (see “Records of Notarial Acts,” below).
Absentee Ballots
Authority
Ballot Delivered or Returned by Third Person: “When a ballot is delivered to the voter by a person other than the clerk or an immediate family member of the voter or is returned to the clerk by a person other than the voter, the clerk or an immediate family member of the voter and the voter receives no assistance in marking the ballot … [t]he voter must mark the ballot in the presence of … [o]ne notary public, clerk of a municipality or clerk of courts or 2 other individuals” (21-A MRSA 754-A.2.A).
Voter Assisted in Reading or Marking Ballot: A voter who is unable to read or mark an absentee ballot due to a physical disability, illiteracy or religious faith may request another qualifying individual to serve as an aide assisting the voter in reading or marking the ballot and the voter or aide must mark the ballot in the presence of a witness, one of whom may be a Notary (21-A MRSA 754-A.3.B.).
Requirements
Ballot Delivered or Returned by Third Person: According to 21-A MRSA 754-A.2, when a ballot is delivered or returned by certain third persons, as specified, the following rules apply.
The voter, before marking the ballot, must show it to a witness, one of whom may be a Notary, who must examine it to ensure that it is unmarked.
While the voter is marking the ballot, there must be no communication between the voter and the Notary.
The voter must then seal the ballot in its return envelope and complete the affidavit on the envelope in the presence of the Notary.
The Notary must sign the witness certification.
Voter Assisted in Reading or Marking Ballot: According to 21-A MRSA 754-A.3, when a voter requires assistance reading or marking an absentee ballot, the following rules apply.
The voter or individual must show the unmarked ballot to the Notary who must examine it to be certain it is unmarked.
While the voter or aide is marking the ballot, there must be no communication between the voter or aide and the Notary.
The voter or aide must then mark the ballot so that it is impossible for anyone else present to see how the voter voted.
The voter or aide must seal the ballot in its return envelope, complete and sign the affidavit in the presence of the Notary, and sign the certification for aides on the outside of the envelope.
The Notary must sign the witness certification.
Subpoenas
Authority: In various Maine statutes, Notaries are authorized to issue subpoenas for witnesses for various purposes. “(N)otaries public may issue subpoenas for witnesses to attend before any court or before persons authorized to examine witnesses, to give evidence concerning any pending matter” (16 MRSA 101).
“A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs relating to any questions in dispute before the court-martial or to any matters involved in a trial by court-martial” (37-B MRSA 427).
Town Meetings
Authority: Maine statute authorizes Notaries to call meetings in the following circumstances:
(1) in towns once organized, without a select board, on written petition of any three voters (30-A MRSA 2521.3);
(2) in towns without selectmen, on written petition of any three voters; or in towns with selectmen, on petition of 10% of the voters (30-A MRSA 2521.4);
(3) among owners of 4 or more parcels of land benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private way or bridge (23 MRSA 3101.2); and
(4) among owners of a mill or a dam necessary for working the mill for the purpose of repairing or rebuilding the mill or dam (38 MRSA 851).
Marriages
Repeal of Authority: Public Law 651 of 2021 (HP 1503) created a separate marriage officiant license and eliminates the power of Notaries Public to perform marriage ceremonies by virtue of their Notary commission.
Marriage Officiant License: Administrative rules in Maine Code of Rules Chapter 720 (Agency 29, Sub-Agency 250) provide rules on applying and renewing a marriage officiant license, and state that Notaries with existing commissions automatically are issued a marriage officiant license unless they indicate on their Notary application their desire to decline to the Secretary of State.
“A notary public who has been issued a commission by the Secretary of State is not authorized to solemnize marriages in Maine unless the notary has also been issued a marriage officiant license by the Secretary of State pursuant to 5 M.R.S. § 90-G and Chapter 720, Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine” 29-250 CMR Ch. 700, Sec. 2.4.C).
A marriage officiant license has a term of 7 years, but for Notaries Public, the license spans the term of their Notary Public commission.
In Person Electronic Notarial Acts
Definition: “'Electronic notarization' means a Maine notarial officer’s performance of a notarial act with respect to an electronic record, using an electronic signature and an electronic official stamp” (29-250 CMR Ch. 700, Sec. 1.3).
Remote Notarial Acts
Definition: “'Remote notarization' means a notarial act performed in compliance with 4 M.R.S. Chapter 29, by a notarial officer for a remotely located individual using communication technology approved by the Secretary of State” (29-250 CMR Ch. 700, Sec. 1.8).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (4 MRSA 1906).
Remote Notarial Acts: “Except as provided in subsection 16, a remotely located individual may comply with [4 MRSA] section 1906 by using communication technology to appear before a notarial officer” (4 MRSA 1915.2).
Identification
Notarial Acts
Requirement: In taking an acknowledgment or verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer must verify the identity of the principal by personal knowledge or satisfactory evidence (4 MRSA 1905.1, 2, and 3).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (4 MRSA 1907.1)
Identification Credentials: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of …
“(1) A passport, driver’s license or government-issued nondriver identification card; or
“(2) Another form of government identification issued to an individual that contains the signature or a photograph of the individual and is satisfactory to the notarial officer” (4 MRSA 1907.2.A).Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of … [b]y a verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card” (4 MRSA 1907.2.B).
Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (4 MRSA 1907.3).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a 3rd person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (4 MRSA 1915.1.C).
Requirement: “Except as provided in subsection 16, a notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [t]he notarial officer …
“(1) Has personal knowledge under section 1907, subsection 1 of the identity of the remotely located individual;
“(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer under section 1907, subsection 2 or this section; or
“(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (4 MRSA 1915.3.A).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (4 MRSA 1908.1.A).
Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (4 MRSA 1908.1.B).
General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than this chapter” (4 MRSA 1908.2).
Signature By Proxy
“If an individual is physically unable to sign a record due to a disability, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (4 MRSA 1909).
Disqualifying Interest
Personal: “A notarial officer may not perform any notarial act with respect to a record to which the notarial officer … is a party or in which any of them has a direct beneficial interest” (4 MRSA 1904.3.B).
“Direct beneficial interest” for purposes of defining a conflict of interest under 4 M.R.S. § 1904(3)(B), means a fee other than the customary fee for performance of the notarial act, or any advantage, right, title, interest, cash, property or other consideration received in connection with the record” (29-250 CMR Ch. 700. Sec. 1.2).Relational: “A notarial officer may not perform any notarial act for any person if that person is the officer’s spouse, domestic partner, parent, sibling or child or an in-law or a step or half relative of the officer” (4 MRSA 1904.3.A).
“A notarial officer may not perform any notarial act with respect to a record to which … the officer’s spouse, domestic partner, parent, sibling or child or an in-law or a step or half relative of the officer is a party or in which any of them has a direct beneficial interest” (4 MRSA 1904.3.B).Exception: “Notwithstanding paragraphs A and B, a notarial officer authorized by Title 19-A, section 655 to solemnize marriages may solemnize the marriage of a parent, sibling or child or an in-law or a step or half relative of the officer” (4 MRSA 1904.3.C).
Election Petitions: “A notary public or other person authorized by law to administer oaths or affirmations generally is not authorized to administer an oath or affirmation to the circulator of a petition under section 902 if the notary public or other generally authorized person is:
“A. Providing any other services, regardless of compensation, to initiate the direct initiative or people’s veto referendum for which the petition is being circulated. For the purposes of this paragraph, ‘initiate’ has the same meaning as section 1052, subsection 4-B; or
“B. Providing services other than notarial acts, regardless of compensation, to promote the direct initiative or people's veto referendum for which the petition is being circulated” (4 MRSA 903-E).
“A notarial officer may not administer an oath or affirmation to a circulator of a petition for a direct initiative or people’s veto referendum under Title 21-A, section 902 if the notarial officer also provides services that are not notarial acts to initiate or promote that direct initiative or people’s veto referendum” (4 MRSA 1904.5).Corporate Notaries: “Any notarial officer who is a stockholder, director, officer or employee of a bank or other corporation may take the acknowledgement of any party to any written instrument executed to or by the bank or corporation, may administer an oath to any other stockholder, director, officer, employee or agent of the bank or corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes and other negotiable instruments that may be owned or held for collection by the bank or other corporation. It is unlawful for any notarial officer to take the acknowledgment of an instrument by or to a bank or other corporation of which the notarial officer is a stockholder, director, officer or employee when the notarial officer is a party to the instrument, either individually or as a representative of the bank or other corporation, or to protest any negotiable instrument owned or held for collection by the bank or other corporation, when the notarial officer is individually a party to the instrument” (4 MRSA 1904.4).
Advertising
False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (4 MRSA 1926.2).
‘Notario Publico’: “A notary public who is not an attorney licensed to practice law in this State may not use the title ‘notario’ or ‘notario publico’” (4 MRSA 1926.3).
Mandatory Notice: “A notary public who is not an attorney licensed to practice law in this State may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (4 MRSA 1926.4).
Unauthorized Practice of Law
No Authority: “A notary public commission does not authorize an individual to:
“A. Assist persons in drafting legal records, give legal advice or otherwise practice law;
“B. Act as an immigration consultant or an expert on immigration matters;
“C. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“D. Receive compensation for performing any of the activities listed in this subsection” (4 MRSA 1926.1).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Maine has adopted the Uniform Electronic Transactions Act (10 MRSA 9401 through 9419), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (10 MRSA 9411).
Revised Uniform Law on Notarial Acts: Maine has adopted the Revised Uniform Law on Notarial Acts provisions related to notarial acts on electronic records. Those provisions are summarized below.
Code of Maine Rules: Administrative rules implementing the Revised Uniform Law on Notarial Acts and electronic notarial acts may be found in the Code of Maine Rules (Agency 29, Sub-Agency 250), Chapter 700. These rules are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved System Providers: Provided. For a list of currently approved in-person electronic notarization vendors, see https://www.maine.gov/sos/cec/notary/Remote/techprovider.pdf.
Rules for Approval: 29-250 CMR Ch. 700, Sec. 5 contains extensive rules for the qualifications, process for approval and criteria for technology used for electronic notarization.
“To obtain approval, a technology provider must demonstrate that the technology to be used for electronic notarization in this State:
“A. Restricts access to the provider’s technology only to notarial officers whose written notice to the Secretary of State of their intent to perform electronic notarization has been accepted, in accordance with the requirements of this rule;
“B. Requires a password or other secure means of authentication to access the provider’s technology;
“C. Requires a notarial officer to present a valid Maine notary commission or other evidence of the notarial officer’s qualification to perform notarial acts prior to receiving an authorized digital or electronic stamp and signature;
“D. Includes a method to ensure that a notarial officer enrolled to use the technology has been trained and has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule;
“E. Enables a notarial officer to retain their authorized digital or electronic signature under the notarial officer’s sole control and to affix their electronic signature in a manner that attributes the signature to the notarial officer, is capable of independent verification, and is tamper-evident;
“F. Enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner; and
“G. Uses tamper-evident technology sufficient to ensure that the electronic signature on an electronic record is authentic” (29-250 CMR Ch. 700, Sec. 5.2).
Performance of Electronic Notarial Acts
Standards: “When performing a notarial act with respect to electronic records, or affixing an electronic signature, the notarial officer must:
“(1) Require the principal to appear in person before the notarial officer at the time of the electronic notarization if the principal is making a statement or executing a signature on a record, pursuant to 4 M.R.S. § 1906;
“(2) Identify the principal who is physically present in accordance with 4 M.R.S. § 1907;
“(3) Verify that the principal has adopted an electronic signature that complies with 10 M.R.S. chapter 1051, if the record is to be signed electronically;
“(4) Complete an electronic notarial certificate and attach it to or logically associate it with the notarial officer’s electronic signature and official stamp in a tamper-evident manner and
“(5) Use an electronic signature in combination with the electronic notary stamp only for the purpose of performing electronic notarizations” (29-250 CMR Ch. 700, Sec. 5.7.A).Journal: For the requirement that notarial officers must keep a journal of all electronic notarizations, see “Records of Notarial Acts,” below.
Tamper-Evident Technology
Selection by Notary: “A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected” (4 MRSA 1921.1).
Standards: “If the Secretary of State has established by rule standards for approval of technology pursuant to section 1928, the technology must conform to the rules. The Secretary of State shall determine whether the technology proposed by the notarial officer is approved for use in this State” (4 MRSA 1921.2).
Definitions
Tamper-Evident: “'Tamper-evident' means that any change to a record displays evidence of the change” (29-250 CMR Ch. 700, Sec. 1.11).
Tamper-Evident Technology: “'Tamper-evident technology' means a set of applications, programs, hardware, software, or other technologies designed to enable a notarial officer to perform notarial acts with respect to electronic records or for remotely located individuals which display evidence of any changes made to an electronic record” (29-250 CMR Ch. 700, Sec. 1.12).
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Maine has adopted the Revised Uniform Law on Notarial Acts provisions related to notarial acts for remotely located individuals. Those provisions are summarized below.
Code of Maine Rules: Administrative rules implementing the Revised Uniform Law on Notarial Acts and remote notarial acts may be found in the Code of Maine Rules (Agency 29, Sub-Agency 250), Chapter 700. These rules are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved System Providers: Provided. For a list of currently approved remote notarization vendors, see https://www.maine.gov/sos/cec/notary/Remote/techprovider.pdf.
Rules for Approval: 29-250 CMR Ch. 700, Sec. 6 contains extensive rules for the qualifications, process for approval, and criteria for technology used for remote notarization.
“To obtain approval, a provider must demonstrate that the communication technology to be used for remote notarization in this state:
“A. Restricts access to notarial officers whose written notice to the Secretary of State of intent to perform remote notarization has been accepted, in accordance with the requirements of this rule;
“B. Requires a password or other secure means of authentication to access the provider’s technology;
“C. Requires a notarial officer to present a valid Maine notary public commission or other evidence of the notarial officer’s qualification to perform notarial acts in order to access or utilize the communication technology to perform remote notarizations;
“D. Includes a method to ensure that a notarial officer enrolled to use the technology has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule;
“E. Enables a notarial officer to verify the identity of the principal and any required witness in compliance with 4 M.R.S. chapter 39 and this rule;
“F. For remote notarization of electronic records, enables a notarial officer to affix their electronic signature to an electronic notarial certificate in a manner that attributes the signature to the notarial officer and is tamper-evident;
“G. For remote notarization of electronic records, enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner;
“H. Provides continuous, synchronous audio-visual feeds that allow the remotely located individual and the notarial officer to see and speak to one another simultaneously through live, real time transmission;
“I. Captures images with sufficient resolution to enable analysis of the remote individual’s credentials;
“J. Includes at least two (2) of the following methods of identity proofing:
“(1) A credential that is validated by a government or third party;
“(2) A biometric identifier, including a retina or iris scan, fingerprint, voiceprint, scan of hand or face geometry, or any other physiological, biological or behavioral characteristic used to identify an individual;
“(3) A public key certificate; or
“(4) An identity assessment based on a set of questions formulated from public or private data sources for which the principal has not provided a prior answer;
“K. For remote notarization of electronic records, provides a secure method of document upload and transfer;
“L. Records the audio-visual communication in real time and associates that recording with the notarial officer’s electronic record;
“M. Provides reasonable security measures to prevent unauthorized access to:
“(1) The live communication between the notarial officer and the remotely located individual;
“(2) The recording of the audio-visual communication;
“(3) The verification methods and credentials used to verify the identity of the remotely located individual; and “(4) Electronic records presented for remote notarization, if applicable; “N. Is capable of securely creating, storing, accessing and reproducing a copy of an electronic recording of the remote notarial act. and “O. For remote notarization of electronic records, provides an electronic verification or audit trail of the electronically notarized document that is accessible to all parties involved in a notarial act that is performed remotely” (29-250 CMR Ch. 700, Sec. 6.2)