Can Notaries accept copies of signer IDs?

Many Notaries have contacted us asking, “A signer just gave me a photocopy of his driver’s license. Can I accept it as ID?” Because many people used photos of vaccination cards for admission to restaurants and businesses during COVID-19, presenting copies of official records gained widespread acceptance. Is it OK to accept copies of ID when notarizing, whether physical or a photo taken with a phone?

Notaries should never accept copies of identification documents from a signer as proof of identity. Here are 4 reasons why:

1. States do not allow Notaries to accept copies of signer IDs

2. Copies of IDs are vulnerable to tampering

3. Copies of IDs lack security features Notaries use to check for fraud

4. Accepting a photocopy of an ID could result in legal liability

States do not allow Notaries to accept copies of signer IDs

Several states require the signer to present an actual identification document — not a copy. For example, California, Florida and Pennsylvania require signers to present specific identification documents for notarization. For example, the California statute says a Notary may accept a driver’s license or identification card issued by the Department of Motor Vehicles. Since the DMV does not issue anything other than actual IDs, the plain reading of the statute means that a driver’s license or ID issued by the DMV cannot be anything other than the actual license. Furthermore, in the past, the California Secretary of State has clarified that “temporary” California driver’s licenses issued to drivers renewing their licenses do not meet the statute’s requirement.

Texas requires signers to present a current identification card issued by the federal government or any state government that includes a photo and signature. The critical point here is even though a state law may not explicitly require an ID to be “original,” the plain and natural reading of any law that states that a “driver’s license,” “passport,” or government-issued” ID presented to a Notary implies that the original must be presented.

Copies of IDs are vulnerable to tampering

What about Notaries in states that don’t require specific types of ID, like Alabama or New York? Even if your state doesn’t list particular IDs you may accept or list the general requirements for an ID presented to a Notary, accepting a copy of an ID card — either a photocopy or a photo on a mobile device — is a terrible idea.

You cannot tell if a copy is altered or forged, which means the risk of fraud for the notarization is much higher. Photocopies and digital images are easily changed using editing apps widely available to the public.

Copies of IDs lack security features Notaries use to check for fraud

A copy is much easier to tamper with than an official state or federal-issued ID. State and federal IDs include security features that help Notaries confirm the ID is genuine when examining it. Examples include holograms, raised print or patterns and hidden details that copies lack.

Also, a photocopy or photo of an ID often only shows one side of the identification document. Many IDs include security features on both the front and back. If you can’t examine both sides of an ID, you run a much higher risk of being tricked by a dishonest signer. This could lead to you facing penalties or lawsuits if the notarized document is used to commit fraud.

Accepting a photocopy of an ID could result in legal liability

Three states – California, Florida, and Tennessee – have statutes that say that the standard of care for a Notary in accepting an ID to verify a signer’s identity is “reasonable reliance” on the presentation of the ID. “Reasonable reliance” means that a Notary must exercise reasonable care only to accept the forms of identification listed in the statute. Reasonable care would dictate that the conscientious Notary only accept actual IDs, not copies. In the case of California and Tennessee, both have statutes saying that “an officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with [the law] (see CA Civil Code 1185[b][3]-[4] and Tenn. Code Ann. 66-22-106[d]). This means that a Notary who reasonably relies on a driver’s license or other acceptable ID to identify an acknowledger has a “safe harbor” — a shield from liability. So, the bottom line is: if you carefully follow the law, you will have exercised reasonable care. If you take the risk of accepting copies of a signer’s ID, you could be subject to legal liability.