NM Executive Orders (2020-2022)

Executive Order

State: New Mexico
Signed: March 31, 2020

Effective: March 31, 2020

Summary

New Mexico Governor Grisham has issued executive orders allowing Notaries to temporarily perform remote notarial acts on paper documents during the COVID-19 pandemic.

Affects

All New Mexico Notaries Public.

Changes

Directs the Notary Commission Enforcement Unit not to recommend any form of discipline for any Notary who performs a notarial act through audio-video technology provided that certain conditions, as specified in the Order, are met.
Provides that to satisfy the "presence" requirement in New Mexico Statutes Annotated 14-12A-7(B)(1), (C)(l), and (D)(1)-(2), the technology used must provide for direct interaction between the person seeking the Notary's services, the Notary, and any required witnesses, and each party must affirmatively state that he or she is located in New Mexico during the video conference.
Provides that if the person seeking the Notary's services or any witnesses are not personally known to the Notary, each person who is not personally known must present satisfactory evidence of identity (e.g., a valid state-issued photo identification) during the video conference to satisfy the requirements of New Mexico Statutes Annotated 14-12A-7(B)(2).
Requires the person seeking the Notary's services must transmit by fax or electronic means a legible copy of the signed document directly to any required witnesses and then to the Notary on the same day it was signed.
Provides that once the Notary has received a legible copy of the document with all necessary signatures, the Notary may notarize the document and transmit the notarized document back to the person seeking the Notary's services.
Clarifies that the Governor will not impose any form of discipline on a Notary public who performs a notarial act that meets the all of the requirements during the pendency of this Order, since a notarial act meeting the requirements substantially complies with the NPA and will adequately guarantee the integrity of the notarial act.
Provides that these temporary special requirements permitting audio-visual technology to be used for notarial acts shall only apply to all notarial acts performed during the pendency of this Order and shall not apply to notarial acts performed at any other time.
Clarifies that this Order supersedes any previous orders, proclamations, or directives in conflict.
Provides that this Executive Order shall take effect immediately and shall remain in effect until June 20, 2020.

Analysis

New Mexico Governor Grisham issued an executive order allowing Notaries to temporarily provide notarizations on paper documents using audio-video technology. The order is similar to the number of other governor executive orders we have seen during the COVID-19 pandemic. New Mexico's is unique in that the Governor expressly directs the Notary Commission Enforcement Unit, which brings Notary violations to the Governor for action, not to bring any cases against Notaries who perform notarial acts in compliance with Order 2020-015. Furthermore, the Governor doubles down and says she will not bring any discipline against a Notary who follows the Order, since following the Order adequately ensures the integrity of the notarial act. Notaries who perform these types of notarizations must follow all of the Order's requirements, and only perform them while the order is in force.

The timeline of the original and successive executive orders follow.

On March 30, 2020 – Governor Grisham signed Executive Order 2020-15 order temporarily permitting notarial acts through audio-visual technology under certain conditions until June 20, 2020.
On June 11, 2020 – Governor Grisham signed Executive Order 2020-39 extending Executive Order 2020-15 temporarily permitting notarial acts through audio-visual technology under certain conditions until rescinded by the Governor.
On March 15, 2021, New Mexico adopted Senate Bill 12, enacting the Revised Uniform Law on Notarial Acts (RULONA), including authorization for Notaries to perform remote online notarizations, effective January 1, 2022.
On June 25, 2021 – Governor Grisham signed Executive Order 2021-30, extending the expiration date of Executive Order 2020-39 until July 23, 2021, unless renewed, modified, or rescinded
On July 23, 2021 – Governor Grisham signed Executive Order 2021-44, extending the expiration date of Executive Order 2020-39 until August 16, 2021, unless renewed, modified, or rescinded.
On August 16, 2021 – Governor Grisham signed Executive Order 2021-49, extending the expiration date of Executive Order 2020-39 until September 15, 2021, unless renewed, modified, or rescinded.
On September 15, 2021, Governor Grisham signed Executive Order 2021-054, extending the expiration date of Executive Order 2020-39 until October 15, 2021, unless renewed, modified, or rescinded.
On October 15, 2021, Governor Grisham signed Executive Order 2021-058, extending the expiration date of Executive Order 2020-39 until November 12, 2021, unless renewed, modified, or rescinded.
On November 12, 2021, Governor Grisham signed Executive Order 2021-061, extending the expiration date of Executive Order 2020-39 until December 10, 2021, unless renewed, modified, or rescinded.
On December 10, 2021, Governor Grisham signed Executive Order 2021-067, extending the expiration date of Executive Order 2020-39 until January 7, 2022, unless renewed, modified, or rescinded.
On December 31, 2021, Governor Grisham signed Executive Order 2022-004, extending the expiration date of Executive Order 2020-39 until February 4, 2022, unless renewed, modified, or rescinded.
On January 1, 2022, New Mexico's remote online notarization law became effective.
On February 4, 2022, Governor Grisham signed Executive Order 2022-007, extending the expiration date of Executive Order 2020-39 until March 4, 2022, unless renewed, modified, or rescinded.
On March 4, 2022, Governor Grisham signed Executive Order 2022-012, extending the expiration date of Executive Order 2020-39 until April 1, 2022, unless renewed, modified, or rescinded.
On April 1, 2022, Governor Grisham signed Executive Order 2022-016, extending the expiration date of Executive Order 2020-39 until May 1, 2022, unless renewed, modified, or rescinded.
On April 29, 2022, Governor Grisham signed Executive Order 2022-024, extending the expiration date of Executive Order 2020-39 until May 30, 2022, unless renewed, modified, or rescinded.
On May 27, 2022, Governor Grisham signed Executive Order 2022-067, extending the expiration date of Executive Order 2020-39 until June 29, 2022, unless renewed, modified, or rescinded.
On June 29, 2022, Governor Grisham signed Executive Order 2022-109, extending the expiration date of Executive Order 2020-39 until July 29, 2022, unless renewed, modified, or rescinded.
On July 29, 2022, Governor Grisham signed Executive Order 2022-115, extending the expiration date of Executive Order 2020-39 until August 26, 2022, unless renewed, modified, or rescinded.
On August 17, 2022, Governor Grisham signed Executive Order 2022-120, extending the expiration date of Executive Order 2020-39 until September 15, 2022, unless renewed, modified, or rescinded.
On September 15, 2022, Governor Grisham signed Executive Order 2022-131, extending the expiration date of Executive Order 2020-39 until October 14, 2022.
On October 14, 2022, Governor Grisham signed Executive Order 2022-147, extending the expiration date of Executive Order 2020-39 until November 11, 2022.
On November 10, 2022. Governor Grisham signed Executive Order 2022-150, rescinding Executive Order 2020-039, and superseding any previous orders, proclamations or directives in conflict.