The Power to Decline to Notarize
Does Being a “Public Servant” Mean I Cannot Decline to Notarize?Published February 12, 2025
At any time, a notary public can receive a request for notarization that presents an ultimate dilemma… if they perform the notarization, they will violate one or more requirements of their state notary laws and rules. But do they have permission to decline the notarization?
Much of the law and administrative rules that govern a notary’s duties and responsibilities focus on the proper way to go forward with performing a notarial act. By comparison, there’s far less actual law devoted to when a notary should decline (refuse) to notarize, and exactly what steps the notary would take under that circumstance.
Thankfully, most states’ laws at least address this issue broadly, by making it crystal-clear that a notary cannot perform a notarial act if proceeding with the notarization would be in violation of notarization requirements. The notary would be compelled by law to decline to notarize.
More explicitly, states that have adopted the Revised Uniform Law on Notarial Acts include the following wording—or a very close variation—on refusing to notarize:
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:As another example, Florida’s law governing traditional, pen-and-ink notarization lists seven detailed reasons that a notary public may not notarize a signature on a document or perform a particular notarial act.
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual’s signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this [act]
Texas’ notary law also provides specific reasons that a notary public is authorized, or has reasonable grounds, to refuse to notarize. Notably, Texas law further compels the notary to “refuse a request for notarial services only after careful deliberation.”
The bottom line is, whether deciding they may proceed with notarization or recognizing when they cannot, a notary is obliged by law to thoughtfully evaluate the facts at hand every time they are asked to perform a notarial act. If there are requirements of notarization that would not be met, or if proceeding with notarization will be a violation of law, the notary must decline to notarize.
Doing the right thing is always the correct course of action for any public servant, including a notary public.
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