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Executive Order

MD Governor Executive Order (03-12-2020)

Notary Law Update: MD Governor Executive Order (03-12-2020)

State: Maryland

Summary:

Maryland Governor Hogan has issued an executive order that extends driver's licenses and Notary commissions to the 30th day after the COVID-19 state of emergency and catastrophic health emergency is rescinded.

Signed:  March 12, 2020

Effective:  March 12, 2020

Chapter: N/A

Affects:

Certain Maryland driver's license holders and Notaries Public.

Changes:
  1. Extends driver licenses that would otherwise expire during the state of emergency and catastrophic health emergency and be renewable during these emergencies to the 30th day after the date by which the state of emergency is terminated and the catastrophic health emergency is rescinded.
  2. Extends all licenses, permits, registrations and other authorizations issued by the State of Maryland, including Notary commissions, to the 30th day after the date by which the state of emergency is terminated and the catastrophic health emergency is rescinded.
Analysis:

Maryland Governor Hogan issued an executive order on March 12 extending, among other things, the expiration of driver's licenses and Notary commissions that would have expired during the state of emergency and catastrophic health emergency. While current Maryland law gives Notaries discretion to accept various forms of proof of identity for a notarial act, the typical form of identification presented to a Notary is a driver's license and the best practice the NNA espouses is to accept only IDs that have not expired. Under this executive order, Notaries may accept a driver's license that expires during these stated emergencies to the 30th day after the date by which the emergencies are lifted. Notaries must be careful to know just when these emergency orders are lifted to make sure they do not accept an expired driver's license.

The executive order also covers expired Notary commissions, which is further clarified by the Secretary of State in a separate order implementing the Governor's order.

Read the Governor's executive order.

Read the Secretary of State's order.

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