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Can I accept an image of a signer's ID?

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

Is it okay to notarize in person with an image of a valid ID?R.K., New York

No. The New York Codes, Rules and Regulations Section 182.5(b)(1) requires presentation of the front and back of an identification card issued by a governmental agency. An image of an identification does not constitute an actual identification card.

For more information on rules regarding photocopies or pictures of ID in other states, please see our article, “Can Notaries accept copies of signer IDs?

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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2 Comments

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ScribaMobileNotary@gmail.com

04 Jan 2025

Illinois has a new law that allows for copies of a driver's license on one's phone. https://www.mystateline.com/news/local-news/illinois-will-allow-digital-drivers-licenses-on-your-phone-starting-2025/ Should I assume that a license on a client's phone is valid as long as it's NOT just a picture?

National Notary Association

06 Jan 2025

Hello. We forwarded your question to our Government Affairs team. Here is their response: "There is a provision in the new law that reads, 'The electronic credential holder shall be required to have their physical credential on their person for all purposes for which an identification card is required. No person, public entity, private entity, or agency shall establish a policy that requires an electronic credential instead of a physical credential.' In fact, if a credential holder provides the mDL to peace officer, they also must provide the physical credential as well. Also, the new law requires the IL SOS to adopt such rules as are necessary to implement a mobile identification card. This could include rules for use of mDLs/mIDs by Notaries. Illinois Notaries should wait for any rules the IL SOS could issue. It is clear from the law that Notaries can't accept an mDL/mID by itself without viewing the physical credential."

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