WAMPSVILLE/UTICA — County clerks are advising any notary that’s up for renewal soon not to go through the new Department of State’s online portal, which goes live Feb. 1.

“In the past week, we have learned New York State has enacted two new procedures and policies for notaries, first the requirement to keep a journal of all acts performed, and now the new online renewal system,” said Madison County Clerk Michael Keville. “The new online renewal system is through the Department of State, which concerns me and many other clerks since New York State law dictates that notary renewals must be commissioned by the county clerk. A renewal executed through the new online portal would violate Executive Law 131, and we, the New York State Association of County Clerks, believe, therefore not valid.”

Lisa Weeks, first deputy to the Oneida County Clerk, said the notary’s signature must be on file so a County Clerk’s Office can verify.

“That’s what the Executive Law state, but with this new online portal, the new procedure says the State will keep the signature on file, and a County Clerk’s Office would have access to it,” Weeks said. “But that doesn’t correlate with the stipulations in the statute.”

The Executive Law reads as follows:

Applicants for reappointment of a notary public commission shall submit to the county clerk with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.

Upon being satisfied of the completeness of the application for reappointment, the county clerk shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.

Oneida County Clerk Mary Finegan and Keville encouraged notaries looking to renew to come to their office and conduct the process in person.

“I am asking any notary that is due for renewal not to use the online portal set up by the Department of State while we work out the legalities,” Keville said. “Instead, please do as you always have, and renew with your County Clerk. I appreciate the Department of State’s forward thinking and setting up an online way for these renewals to occur. However, they skipped over this existing statute.”

Weeks said New York State officials were aware of this violation and had told County Clerks across the state that it would be remedied — but that has yet to happen.

“We were told that about a month ago and there was supposed to be a meeting last week, but so far? We’ve seen no outcome,” Weeks said.

Keville saids that notaries who are up for renewal are receiving letters inviting them to renew via the new portal and worries that those renewals and any notary signatures that are made after that renewal may not be legal or compliant. 

He adds that New York State County Clerk’s Association members have been in touch with the Department of State about their concerns and are awaiting a response.

If you are a notary and a resident of Madison County, the Madison County clerk asks to send your renewals PO Box 668 Wampsville, 13163. The Madison County Clerk’s Office is open Monday through Friday from 8 a.m. until 4 p.m.

If you are a notary and a resident of Oneida County with questions about renewal, call the office at 315-798-5776. The Oneida County Clerk’s Office is located at the Oneida County Office Building, 800 Park Avenue Utica, 13501