Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023
Impact
The legislation is anticipated to significantly streamline operations for businesses and individuals who depend on notarizations across state lines, as it addresses inconsistencies and restrictions seen in current state laws regarding notarizations. By recognizing electronic and remote notarizations, the bill is set to modernize a traditionally paper-based process, potentially reducing the delays associated with in-person notarizations. It also ensures that electronic records retain their validity in legal proceedings, thereby bolstering the confidence of users in digital transactions.
Summary
Senate Bill 1212, titled the 'Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023', aims to authorize notaries public to perform electronic and remote notarizations, establishing minimum standards for these processes. The bill seeks to ensure that notarizations carried out by notarial officers in any state are recognized in federal courts and by other states, provided that these notarizations adhere to specific criteria that maintain their validity even outside the notaries’ state of commission. This includes notarizations related to public acts or occurring within interstate commerce.
Contention
However, there are elements of contention regarding the bill. Some critics express concerns about the security and authenticity of electronic notarizations, fearing vulnerabilities to fraud and misconduct. They argue that remote notarization lacks the personal interaction that traditional notarizations provide, which can be crucial for verifying identities. Additionally, the bill includes provisions that may preempt more stringent state laws, leading to debates over local control and the appropriateness of a one-size-fits-all approach to notarizations.
Occupations: notaries public; use of communication technology to perform electronic notarizations and remote electronic notarizations; modify and expand. Amends secs. 3, 5, 26, 26a, 26b & 27 of 2003 PA 238 (MCL 55.263 et seq.); adds sec. 26e & repeals sec. 26d of 2003 PA 238 (MCL 55.286d).
Restoring Faith in Elections Act This bill establishes certain standards for voting, including voting by mail, in federal elections. It also establishes certain requirements for voter registration and maintenance of official lists of eligible voters. First, the bill establishes certain requirements for voting by mail in federal elections, including by requiring mail-in ballots to be received by the time the polls close on election day. Additionally, the bill makes it unlawful to possess or return a mail-in ballot completed by another person (commonly referred to as ballot harvesting), with exceptions. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Further, the bill establishes certain requirements for reporting results of federal elections, including by requiring states to count all eligible ballots within 24 hours after the election. Next, the bill provides for the automatic registration of eligible voters. The Election Assistance Commission must make grants to states to implement these automatic voter registration programs. It also requires states and jurisdictions to use standards that apply equally to all methods of voting used in federal elections, including standards related to signature verification. Finally, the bill establishes the National Deconfliction Voting Database and Clearinghouse to serve as a database and clearinghouse for voter registration records and lists of eligible voters. Additionally, each state must certify that it has removed ineligible voters from the official list of eligible voters prior to the federal election.