MT House Bill 140 | NNA
Law

MT House Bill 140

Notary Law Update: MT House Bill 140

State: Montana

Summary:

House Bill 140 permits electronic filing of a declaration of nomination in an election without the acknowledgment before a Notary or notarial officer.

Signed:  March 30, 2007

Effective:  July 01, 2007

Chapter: 96

Affects:

Amends Section 13-10-201 of the Montana Code Annotated

Changes:
  1. Permits electronic filing of a declaration of nomination in an election for public office without the document having to be acknowledged before a Notary Public or other officer authorized to take acknowledgments.
Analysis:

We are seeing a trend to dispense with the notarization requirements for documents submitted electronically to secretary of state offices. Previously, more than one state has relaxed the notarization requirements for the electronic filing of corporation documents. In the present case, a declaration of nomination – an elections document – must currently be acknowledged before a Notary Public or officer authorized to take acknowledgments. Presumably, the notarization requirement is abolished because the Montana Secretary of State does not believe Notaries are capable of performing electronic notarizations, or because of some mistaken belief that an electronic process can ascertain identity satisfactorily. The NNA’s position is that if there is a reason to require notarization of a paper document, the same document submitted electronically should also require notarization.

Read the bill text.

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