SummaryHB 1013 authorizes the Illinois Secretary of State to refuse to attach an apostille to a notarized document in cases where sovereign citizens seek to abuse the legitimate use of apostilles. The bill provides grounds for which the Secretary of State may refuse to issue an apostille or a certification. Since sovereign citizens often attempt to remove an apostille from one document and use it with another, the bill establishes penalties for tampering with an apostille on a document.
AnalysisIllinois becomes the most recent state to enact legislation curbing the use of apostilles on notarized documents by sovereign citizens and those seeking to perpetrate frauds. Sovereign citizens are individuals who believe that they are immune from U.S. or state laws. Essentially, they are a law unto themselves. These individuals seek to have notarized documents certified by the Notary commissioning officials with apostilles to lend credence or authority to their claims. HB 1013 authorizes the Secretary of State to refuse to issue an apostille for a number of reasons. Most importantly, if the document makes a claim or purports to support the presenter’s “sovereignty” as an individual, and is intended for use within the United States. Technically under the Hague Apostille Convention, an apostille is only authorized to be issued on documents that will be used outside of the United States, but sovereign citizens routinely use their documents to evade legitimate debt obligations and harass public officials within the United States. Since sovereign citizens often attempt to remove an apostille from one document and use it with another, the bill establishes penalties for tampering with an apostille on a document.