Notarizing Absentee (or Vote-by-Mail) Ballots
An absentee or vote-by-mail ballot is a ballot cast in a United States election by mail, rather than at an official polling station. There are various reasons why a voter may choose to vote by mail rather than in person. Some states require that the voter have a good reason for requesting an absentee ballot, such as being stationed overseas in the military, or being homebound due to a disability. Other states allow any voter to use an absentee ballot. Each state also has different requirements on whether such a ballot requires notarization
First, the majority of states do not require that an absentee ballot be notarized or witnessed in any way. Instead, the voter signs the ballot, and an elections official compares the signature on the ballot to the voter's official signature on file. However, there are a handful of states where absentee ballots must be either witnessed or notarized - typically on the outer envelope, rather than the ballot itself.
If you are asked to notarize an absentee ballot, you should first be aware of any restrictions your state may impose on such a notarization. In addition, you should review the ballot to see what type of notarial act you are being asked to perform. Generally, the document will call for an oath or affirmation, in which case you must administer a verbal oath to the voter, after which the voter should sign in your presence. As with all notarizations, the signer should be properly identified. Be sure to comply with all other state laws regarding performing notarial acts, including adding any missing elements from the notarial certificate.
Notaries should also be aware of the different types of election-related forms that may need to be notarized. Some states require a notarized absentee ballot application or registration card to be filed by the voter before an absentee ballot is mailed - in which case two separate documents might require notarization. In general, you should treat these like any other notarization - but remember to consult your state laws to make sure that there are no special provisions (such as a fee waiver) for notarization of absentee ballots.
As always, the laws governing notaries public and the laws governing election procedures vary from state to state. Be sure to consult your state laws or commissioning authority if you have concerns about notarizing an absentee or vote-by-mail ballot.
By Robert T. Koehler, a Contributing Writer with the American Association of Notaries, Inc.
Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
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