Illinois New ID Law FAQs

What is the new ID law? In order to identify a document signer using "satisfactory evidence of identity," any identification document presented by the signer must contain certain characteristics specified by statute.

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What is satisfactory evidence of identity? Satisfactory evidence of identity is identification of a signer for a notarial act based upon: (1) the Notary's personal knowledge of the signer's identity; (2) the oath or affirmation of a credible witness personally known to the Notary; or (3) current and valid identification documents issued by a state or federal government agency and bearing the photographic image of the individual's face and signature.

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What characteristics must every identification document presented to a Notary contain? Every identification document must be issued by a state or federal government agency and bear the photographic image of the individual's face and signature. It must also be current and valid at the time of notarization.

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Does the new law require an identification document to contain a physical description of the signer? No. The new law does not require a physical description to be present on the identification document, but a physical description can be extremely helpful in ascertaining the identity of the person appearing before the Notary.

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What are common examples of identification documents that comply with the new law?Illinois driver's licenses and identification cards, U.S. military IDs and U.S. passports are the most common examples of IDs presented to Notaries that meet the requirements of the new ID law.

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What are examples of identification documents that do not comply with the new law? Social Security cards, while issued by a federal government agency and containing a signature of the bearer, do not contain a photograph. The brand new U.S. Passport Card issued by the U.S. Department of State has a photograph of the person but not a signature. The University of Illinois Student ID card, while issued by a state governmental agency and containing a photograph of the bearer, does not contain a signature.

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Does the new law apply to all notarizations or only to notarizations in which a Notary must complete a Notarial Record? The new ID law applies to every acknowledgment, verification upon oath or affirmation or signature witnessing performed by the Notary, not just to those notarial acts for which a Notarial Record must be created.

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How long does the new ID law apply? The new ID law is effective from June 1, 2009, through June 30, 2013.

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