Part 2 of our series of articles on the new Illinois Notary laws and how they affect Notaries in the state. Part 1 can be found here.
Updated 12-8-23 with new election document journal requirements.
Illinois’ new journal requirement that took effect on June 5, 2023, is the single most important consumer protection and safeguard for Notaries in Illinois’ new Notary laws. But despite the numerous and recognized protections of Notary journals, not everyone is happy with the new journal requirement.
Illinois Notary journal basics
The new law requires Notaries and Electronic Notaries to keep a paper or electronic journal record of every traditional paper, remote, and electronic notarization the Notary performs for at least 7 years after the last notarial act recorded in the journal. The Notary must always retain exclusive control of the journal and keep it in a locked location that only the Notary can access.
The Notary may use a paper journal, provided it is securely bound and has consecutively numbered pages with printed page and entry line numbers. Or, a Notary may use an electronic journal designed to prevent the insertion, removal, or substitution of journal entries. The electronic journal must be capable of producing copies of journal entries as a PDF (Portable Document Format) file.
In each paper or electronic journal, a Notary must include the Notary’s name, signature, commission number, expiration date, and office address of record with the Secretary of State, along with a statement that in the event of the death of the Notary, the journal is to be delivered or mailed to the Secretary of State, and the meaning of any abbreviated words or symbols used in the journal.
UPDATE 12-8-23: Under a new law that took effect November 17, 2023, Illinois Notaries are not required to record a journal entry when notarizing the following election documents filed by or on behalf of a candidate for public office: nominating petitions; petitions of candidacy; petitions for nomination; nominating papers or nomination papers (5 ILCS 312/3-107[f]).
For each notarial act recorded in the journal, the Notary must record the following information:
- The name of the principal (signer or person requesting the notarization), any credible witness who identifies the principal and any other person who signed for the principal
- The title or a description of the document notarized
- The date of notarization
- Whether the notarization was conducted in person, remotely, or electronically
- The fee charged (if any)
- The physical location of the Notary and the signer.
If a Notary performs multiple notarizations for the same principal, the new rules allow certain information to be abbreviated. Optionally the Notary may require the principal’s signature in a paper journal and any other information that might assist the Notary in recalling the notarization.
The new law prohibits Notaries from recording a principal’s personally identifiable information, such as an ID identification number or any other number that could identify a principal, a biometric identifier (for example, a thumbprint), and for electronic notarizations, the electronic signature of the principal. If the Notary forgets and records any prohibited personally identifiable information, the Notary must redact it.
The new statutes and rules require a Notary to allow inspection of the journal by any person who provides certain information that will enable the Notary to find the entry or entries sought. The Notary also must comply with subpoenas and investigative requests for the journal. Because the journal is so valuable to the public, the courts, and the Secretary of State, Notaries must report a lost, compromised, destroyed, or stolen journal the next business day in writing or electronically.
Key Notary journal protections
The new journal requirements summarized above are comprehensive and detailed for a good reason: The journal is a valuable public record that protects principals, parties relying on notarizations, and especially the Notary.
There are many benefits to Notaries keeping a journal. A properly completed journal:
- Deters forgers and impostors who realize that leaving evidence in a journal could incriminate them.
- Discourages groundless lawsuits by showing that a principal appeared before the Notary.
- Protects the Notary from baseless allegations of wrongdoing by demonstrating that the Notary exercised reasonable care in performing the notarial act.
- Helps a Notary recall the details of a notarization long after it is performed when the Notary must testify about a contested notarization in court.
- Provides authoritative evidence to resolve a disputed fact about a notarization when the document is lost or fraudulently altered.
- Assists law enforcement authorities in prosecuting fraud.
Dissenting Voices
Despite the proven protections of journals, only some believe the journal is necessary. Some legal services and title insurance professionals sought exemption from the new journal requirement. The Secretary of State included a provision in the final rules exempting Notaries employed by an attorney or law firm from keeping a journal of notarizations performed during their employment if the attorney or law firm maintains a copy of the notarized documents instead.
The NNA urged the Secretary of State to drop this exception in its comments on the rules, but the Secretary declined. Although the Secretary of State granted an exception for law firm Notaries, it denied a similar carve-out for title insurance company Notaries.
Bill Anderson is Vice President of Government Affairs for the National Notary Association.