NotaryDigestA M E R I C A N A S S O C I AT I O N O F N OTA R I E S

www.usnotaries.com800-721-2663

THIRD QUARTER 2006

VOLUME 3, ISSUE 3

The Notary andthe Absentee Ballot

Voting in national, state, and local elections is critical to ourcontinued success and strength as a country. Many issues areat stake that are viewed with widely differing viewpoints byvarious candidates, and it is necessary to know the issues andvote for the candidates that share your ideas and visions forincreasing security, enacting education and insurance reform,improving social security and tax benefits, and a host of otheragendas. And we all know we can’t complain if we don’t vote.Every vote matters, and there is great strength in numbers.

A Privilege and a Right

Your ability to vote is a privilege, and it is a privilege to betaken advantage of.

Absentee ballots may be signed, sometimes before a notary, ifa voter is not able to visit the polls when an election takesplace. This may be due to a number of reasons, such as military service, job assignments that keep the voter awayfrom his or her home voting districts, illness, or others. Somestates require no excuse; others do, and acceptable reasonsvary, so check your state’s requirements. Voters who are unable to be present at the polls to vote and yet takeadvantage of the privilege of absentee voting are to beapplauded, and these ballots are vitally important to the outcome of a given political race.

If you are unable to vote in person in this election, or if voterscontact you with questions regarding absentee voting, youmay suggest they request an absentee ballot by contactingtheir local county or city election officials. Depending on thestate, this individual may be the County Clerk, CountyAuditor, County Registrar or Supervisor of Elections, or theBoard of Elections. In most cases the phone number for theseoffices is listed in the blue government pages of the phonebook.

Some states have completely eliminated the need for a notaryor witnesses on an absentee ballot. Florida is in the forefrontin election reform and has made significant changes to votingprocedures and requirements.

Janet Olin, the Assistant Supervisor of Elections for LeonCounty, Florida said, ”Florida has done away with require-ments for notarization and witnesses on absentee ballots. Wedo not require a reason for applying for an absentee ballot. Wehave adopted the Help America Vote Act which processesabsentee ballots by optical scan method that enables a clearpaper trail to a voter’s vote if ever needed. This allows votersto vote in the privacy of their own homes if they so choose,and has significantly increased the numbers of people who areable to vote. Our counties vary in how absentee ballots areobtained, but we have made a positive impact statewide.”

Follow Proper Procedures

When a notarization is required, notaries have the basicresponsibility of requiring personal appearance and proving identity when notarizing absentee ballots. Seriousconsequences may arise from failure to do so.

In states that require notarization of absentee ballots, thesemust be handled appropriately by the notary involved.Notaries absolutely must maintain proper procedures andadhere to requirements when notarizing absentee ballots and petitions. Personal appearance is a must, as with anynotarization. State absentee voting and notarization require-ments maybe found here: http://www.fvap.gov/pubs/vag/vagchapter3.html.

Military Voting

The Federal Voting Assistance Program (FVAP) in the Office ofthe Secretary of Defense is responsible for administering theUniformed and Overseas Citizens Absentee Voting Act. Thislaw provides that members of the U.S. Uniformed Services

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By Joanna L. Lilly www.lastwordedits.com

Good CreditGood

BusinessPage 2

Voters who are unable to be presentat the polls to vote and yet take

advantage of the privilege of absenteevoting are to be applauded, and these

ballots are vitally important to the outcome of a given political race.

… this… has significantly increased thenumbers of people who are able to vote.“

Florida Forger Gets 30 Years for Scam By Linda Jump, Florida Today atwww.floridatoday.com PALM BAY - A former Satellite Beach man will serve 30years in jail for forging documents to take ownership of18 vacant Brevard County lots. Thomas AnthonySandelier, 49, was sentenced in St. Lucie County Courtand was sentenced by Judge Catherine Nelson oncharges of racketeering, organized fraud, grant theft andidentity theft. A jury found him guilty of the felonyoffenses in April after a four-day trial.He resold the properties, and two of the new ownerswere building homes on the lots. Some of the originalowners were deceased, and others lived out of state or out of the country. All owed back taxes on the properties.From May 2004 through January 2006, police saidSandelier and Richard Young, 30, of Fort Myers forged“quit-claim deeds,” which indicated the owners gave uprights to the lots.The scheme was discovered when a German propertyowner tried to sell a Palm Bay lot. During a title search,it was discovered the lot had already been sold bySandelier for $1,000.Young pleaded gui l ty to fa l se or f raudulent acknowledgements and was sentenced Dec. 31 to 5 years probation, a $5,000 fine and a share of the restitution. He was accused of signing the deeds as thenotary public, knowing the owners weren't present.

Tennessee Notary Gets Probation in Immigrant Driver's License Case By Jamie Satterfield, The Knoxville News Sentinel,www.knoxnews.com A Knoxville notary who cashed in on a service that shuttled illegal immigrants to East Tennessee to get driver’s certificates became a covert agent when busted,court records reveal. Briseida Escalona-Lara’s efforts to earn a sentencingbreak are being credited by federal prosecutors withexposing a flawed Tennessee program that eventuallywas shut down. On Tuesday, Escalona-Lara received her reward, withU.S. District Judge Leon Jordan sending her home onprobation for her role in notarizing false documents forillegal immigrants. In a motion explaining why the Knoxville woman wasworthy of a break when two others who profited fromthe illegal immigrant shuttling services racked up prisonterms, Assistant U.S. Attorney Jeff Theodore describesthe notary's undercover efforts. It was a raid at her home in July 2005 that spurred herto cooperate with the FBI and others probing an illegalimmigrant smuggling ring, Theodore wrote. She “advised the government of details of a conspiracyto obtain Tennessee driver's licenses involving ZeneidaRivera, who was transporting illegal immigrants fromNew York and New Jersey to Tennessee,” the motionstates. Another ring, based in Georgia and led by ClaudioGalvan, was also under investigation. Theodore wrotethat Escalona-Lara agreed to work undercover in thatprobe.

“Working covertly, she recorded conversations with theconspirators and met with them when they came toTennessee,” he wrote. “During her cooperation, thedefendant identified several other conspiracy rings. Theconvictions of Rivera and Galvan helped bring to lightsome of the problems with the certificates for drivingprogram in Tennessee. As a result, the program has beensuspended.” Rivera, 55, was sentenced earlier this year to 46 monthsin prison, while Galvan, 64, drew a 27-month prisonterm. The shuttling operations worked this way: People likeRivera and Galvan charged a fee - ranging from $750 to $950 - to illegal immigrants to bring them to EastTennessee, provide them fake addresses and otherdocuments and take them to driver's license testing centers to be tested. Tennessee was one of only two states in the nation thatissued driver's certificates without requiring proof ofU.S. citizenship. Under the state‘s certificate program, currently suspended, a recipient needed only to show some proof of residency in East Tennessee within the past sixmonths. Utah has the only other program.

Texas Attorney General AbbottTakes Action to Halt Fraudulent El Paso Legal Services OperationEL PASO - Texas Attorney General Greg Abbott hasobtained a temporary restraining order against an El Paso man who defrauded area consumers out of hundreds of dollars by providing unauthorized immigration and legal consulting services.The Attorney General’s lawsuit seeks a permanentinjunction, civil penalties and restitution against ManuelEscalante III and his business, ME Accounting &Consulting, for several violations of the Texas DeceptiveTrade Practices Act (DTPA). The Attorney General’s lawsuit alleges Escalantecharged customers at least $200 to determine their eligibility for immigration benefits and prepare documentation on their behalf despite not beinglicensed as an attorney or otherwise qualified. Victimsof the scam soon found that they were subject toremoval from the United States due to errors in the submission of the forms or because they were ineligiblefor permanent residence. Many consumers also losthundreds of dollars in immigration filing fees.The lawsuit seeks civil penalties of $20,000 per violation of the DTPA.

Pennsylvania Notaries Suspended Action was brought against several notaries inPennsylvania recently, mostly resulting in suspensionfor various improper notarial acts. The full listing for thesecond quarter may be found here: http://www.dos.state.pa.us/bpoa/lib/bpoa/disciplinary_actions/2006/7-06_2q_notaries.pdf

N O T A R Y N E W S

2 AMERICAN ASSOCIATION OF NOTARIES

Notaries, in a financially driven world, good credit canbe your best ally.

Notaries, of course, are expected to be reliable and honest, and follow laws and proper procedures. In addition to that, good credit is necessary for so many ofus who seek to obtain or refinance a home, build anaddition, start or build a business, enlarge our family, or bring our parents back into our homes for care.Unexpected medical needs may arise, business growthmay make expansion necessary, college looms and weddings are planned, and good credit is critical to yourability to meet financial challenges.

If you have no credit, it’s difficult to obtain credit. It’snot impossible, however. Young people can apply for acredit card with a very low limit, use it with caution andmake payments every month before the due date toquickly establish good credit. Auto loans, a computerpurchased on credit, or new furniture may all contributeto building a solid credit base but it is imperative thatpayments are made on time, every time.

Loan companies rely on credit scores to determine eligibility for loans. Scores are based on good or badcredit information, published regularly by lenders basedon whether payments are made on time, late, or not at all.

If you have problems with your credit, beware of ’quick fix’ credit repair claims, which can be fraudulentas shown here: http://www.oag.state.tx.us/oagNews/release.php?id=1743Instead, know that you didn’t get in this shapeovernight, and it will take a bit of time to repair thedamage. Avoid use of credit cards and make everyattempt to get back on track and back into a habit of regular payments. Check your credit rating with themajor credit bureaus and review for errors and incorrectinformation. If you find something negative that isincorrect, contact the credit bureau with a dispute, andattempt to get the information corrected. If you haveextensive debt, work diligently to pay off the smallerdebts quickly to minimize your debt. If you have beenconsistently late with creditors in the past, six months ofmaking payments when due will improve their reportsabout you to the Credit bureaus. In time, with hardwork and regular payments, you’ll see an improvementin your damaged credit score.

Credit Bureau Contact Information:EquifaxEquifax Credit Information Services Inc.P.O. Box 740241, Atlanta, GA 30374(800)-685-1111 Web site: www.equifax.comExperianNational Consumer Assistance Center PO Box 2002, Allen, TX 75013 (888) 397-3742Web site: www.experian.comTransUnion LLCTransUnion LLCP.O. Box 1000 , Chester, PA 19022(800) 888-4213Web site: www.transunion.com

Good Credit MeansGood Business

and merchant marine and their family members mayvote absentee while away from their place of voting residence, wherever stationed, within or outside the United States. For detailed information on registering and obtaining an absentee ballot, pleasevisit the FVAP web site at http://www.fvap.gov/,orcall 1-800-438-VOTE.

Electionline is another very comprehensive onlineresource for voting requirements and reform. Theirwebsite at www.electionline.org contains a plethora ofinformation; they also chart state by state changes inelection law as they happen. The following is someinteresting information from that site; we encourageyou to visit and learn more about the voting systemand become involved in some way. This site listsabsentee requirements.

According to their research,

� 16 states allow no-excuse early voting.(AZ, AR, CA, CO, FL, GA, IL, LA, MD, NV, NM,NC, ND, TN, TX, WV)

� 15 states allow no-excuse in-person absenteevoting. (AK, HI, ID, IN, IA, KS, ME, MT, NE, OK,SD, UT, VT, WI, WY)

� 4 states and the District of Columbia requirean excuse for in-person absentee voting.(DC, KY, MN, MO, VA)

� 1 state is all vote-by mail. (OR)

� 14 states do not allow early or in-personabsentee voting. (AL, CT, DE, MA, MI, MS, NH,NJ, NY, OH, PA, RI, SC, WA - in Washington, 34 of 39 counties have vote by mail)

� 29 states allow no-excuse absentee voting bymail. (AK, AZ, AR, CA, CO, FL, GA, HI, ID, IA,KS, ME, MD, MT, NE, NV, NJ, NM, NC, ND, OH,OK, OR, SD, UT, VT, WA, WI, WY)

� 21 states and the District of Columbiarequire an excuse to vote absentee by mail.(AL, CT, DE, DC, IL, IN, KY, LA, MA, MI, MN,MS, MO, NH, NY, PA, RI, SC, TN, TX, VA, WV)

Notaries, Get Out and Vote!

To summarize, this year is an important election yearwith races all over the country that may impact yourlives. You can’t complain about the outcome ifyou don’t vote, so please vote – and take a friend!

It’s important to know the hot issues and how youstand on them. Research the candidates to determinewhich ones share your values, and vote for them. If there are issues in your state you’d like to seechanged, this is the time to do something about it.Get informed; get active; get out and vote. You CANmake a difference.

Volunteer America!

Don’t just wait for the next election. Your candidatescan use your help. If a candidate particularly

impresses you with his or her goals and beliefs, contact their election committees and volunteer your skills and services to help with the election.Volunteers are always appreciated!

The Notary and the Absentee Ballot Continued from page1

Q I’m a new notary. I understand that I must perform a verbal ceremony as a part of my notarization procedures but I am notcertain what I need to say. Can you help me?

A Yes; the following verbal ceremonies are suggested.

For an Oath:“Do you swear before God under penalties of perjury that the informationexpressed in this statement or document is true?”

For an Affirmation:“Do you solemnly affirm under penalties of perjury that the informationcontained in this statement or document is true?”

For an Acknowledgment:“Do you acknowledge that this is your signature, that you understand thenature of this document, and that you willingly signed the document forthe purposes detailed in it?”

In any case, the signer must make an affirmative response or ifunable to speak, must make an affirmative gesture in response tothe notary’s question.

Q In my state, notaries may make certified copies of documents, butI’m not sure what that applies to. May I make certified copies ofbirth certificates, death certificates or marriage licenses?

A No. These are recordable documents, and a certified copy canonly be issued by the governmental agency that has custody of these records. However, notaries in certain states have theauthority to certify or attest to copies made from original documents that are not public records and are not recordable in the public records. It is important to know your state’s lawsbefore making a copy of any kind..

QMy husband owns a business and it’s difficult to find a notarywhen he needs something notarized. He wants me to becomea notary so I can handle all of his business for him. Am Iallowed to notarize my husband’s signature?

A No, you should not. Most states have laws against family notarizations and require that a notary be an unbiased and impartial witness who is not a party to any transaction requiringa notarization. If your husband will benefit then it would seemthat you would benefit as well, so it is not recommended. Inmany states it is against the law to notarize the signature of aspouse; this could result in penalties against the notary. Also,your notarization could cause the document to be rejected by thereceiving party as improperly notarized, which may cause time, or money, or the delay or cancellation of the contract or otherbusiness taking place. It’s much wiser to find an impartial notarythat is unrelated to the situation.

Notary DigestQ&A

THIRD QUARTER 2006 3

Questions? Please direct them to info@usnotaries.com and we’llshare them with our readers in future publications.

Thank you!

The notary’s best defense is the record book, or notary

journal. Some states require notaries to keep a record

book and some states do not; however, all notaries are

encouraged to keep a journal of every notarial act. These

careful and precise entries in a properly maintained

record book can prove that the notary acted properly at

the time of the notarial act, and may mean the difference

in penalties for wrongdoing or praise for proper

adherence.

The record book entry may well serve to remind the

notary of pertinent facts regarding a particular notarial

act in question (often in a court of law) that may

have occurred years before. The notary would in all

probability be unable to recall details of a transaction

after the fact without the benefit of proper records of the

act made at the time the notarial act took place.

Notaries:Maintain a Journal!

AlaskaAlaska has had some notary reform that addresses personal involvement in a notary transaction; seal requirements and securityand loss of the notary seal; felony convictions; signature requirements; name and address change requirements, and disciplinary actions, among other things. Notaries in Alaska shouldvisit the state’s notary information site athttp://ltgov.state.ak.us/notary/ChangesAffectingNotaries.phpfor full details.

LouisianaLouisiana has also had some significant changes to their notary law.Full details may be found here:

http://www.sos.louisiana.gov/notary-pub/notary-new.htm

Changes include examination and application requirements, fees and schedules; residency requirements and exemptions; and recordkeeping requirements regarding immovable property and significant fines for failure to do so.

North CarolinaNorth Carolina notary law has been changed to address new definitions; seal and signature requirements; conflicts of interest;new and renewing appointments; testing requirements; non-attorneynotaries; fee posting; forms and penalties; and more.

The Secretary of State’s office has posted a link to the following document that addresses changes to notary law in detail. Go tohttp://www.oah.state.nc.us/rules/register/Volume21Issue05.pdf;notary information begins on page 15.

Changes to North Carolina notary law may also be seen here:

http://www.ncleg.net/Sessions/2005/Bills/House/HTML/H1432v6.html

One important element of the changes involves new applicant andrenewal requirements:

Application for Commissioning/Re-Commissioning.

Applicants who are applying for initial commissioning or applyingfor re-appointment use this form. This form can be found on theDepartment's website at www.sosnc.com. Pursuant to G.S. 10B-11(a) the applications for re-commissioning shall be submitted noearlier than 10 weeks prior to the notary's expiration date. If theapplication is submitted earlier than 10 weeks prior to the notary'sexpiration date, the application shall be rejected and returned to theapplicant. Only in this case shall the application fee be refunded.

(1) Applicants for re-appointments may apply online on theDepartment's website. Prior to approval for re-appointment status,however, the applicant must successfully complete an on-line testgiven on the Department's website, or a paper version of theDepartment's test.

(2) The applicant has three chances, within 30 days, to pass the on-linetest for recommissioning. If the applicant fails all three tests, the applicant must re-take the notary public course to qualify forcommissioning and again pay the application fee. The applicant shallhave 30 minutes to complete the exam.

(3) If an applicant's application is denied due to not applying for initialcommissioning within three months after taking the approved courseof study, the applicant shall then attend another notary class and re-apply for commissioning.

UpdateNOTARY LAW

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