Notary News

March 2026

Well, by now we assume you’ve heard about Todd Jacy, the now former Nebraska notary charged with improper conduct regarding a medical marijuana initiative. He was found guilty of 23 charges of official misconduct and 1 count of making a false statement under oath.

His case has sparked a firestorm in Nebraska, with both his criminal trial, but also a newer case that went all the way to the Nebraska Supreme Court.

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Feb. 2026

Some candidates for public office in Indiana will, or already have, updated documents to be properly notarized.

That is the word from the Secretary of State’s office.

Here are the basics. Candidates filed with properly notarized documents. But, they made amendments to the filing that were not properly notarized. This has lead to some candidates having to have amendments properly notarized.

Would It End In Court?

Yes, probably.

Advocates have called into question whether the opponent’s challenge of a candidate’s documents would be valid. The law is rigid, in that it requires the notarizations, but it also has a lot of leeway for the Secretary of State’s office to accept documents they believe to be valid.

In any case, the Secretary of State’s office said they followed all procedures. Indiana Secretary of State Diego Morales’s office had a response to the issue:

Candidates should be assured that the Indiana Secretary of State’s Office takes every precaution necessary to guarantee candidate filing paperwork is completed according to Indiana law,” Morales said in the statement. “As Indiana’s chief election officer, I will continue serving Hoosiers and not allow misleading reports to discredit confidence in our state’s election process.

Completing the Process

As ballot seekers raced to complete paperwork, the biggest reason cited was not allowing their opponent to challenge.

One State Senator called it annoying.

Still, others came to re-file with a more positive spirit.

Late filers had an advantage.

Two days before the deadline, and new paperwork was still rolling in. But, most of these candidates had heard of the fuss and properly notarized all of their documents before submitting their paperwork.

A state Senator remarked that people have to ensure that everything is done diligently and properly.

To Wrap Up

The Secretary of State’s office kerfuffle looks to have been solved by following the law to the letter. Legal challenges to candidates’ filing status should be averted.

But, the Secretary of State’s office points to a previous law challenge that complicated the situation for some, specifically in Lake County. Lake County requires all potential candidates to apply in person at the county office.

Staff used to be able to notarize documents in the building, but an office move led to a lawsuit. It alleged that county personnel that are notaries should not be able to notarize documents.

It did not succeed, but the office went through some confusion during the lawsuit. The court ended up ruling in favor of the Lake County Clerk’s Office.

For their part, the Lake County Clerk’s Office has moved to avert any confusion. It has been conveyed to employees that they may also become notaries. They already have half a dozen on staff.

Hey, we’re always for documents being signed correctly. So, we don’t see how this ended in any other outcome ended in “Use a Notary”!

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Jan 2026

We missed this when it was first released in October, but it is still ongoing so it is still a good idea to remind everyone. While this is currently happening in Maine, there is no reason it will not spread to other states that are vulnerable.

The Maine Secretary of State gave a warning of current scams targeting notaries, including those acting as wedding officiants.

The “Maine Scam”

Beware of over payments.

So this is how it goes. Client hires you to do a signing. Everything goes fine until after the signing.

The trick comes when you get paid. The client pays you too much money for the signing. Then they inevitably ask for you to refund the over payment. This is red flag #1.

Anyways, being the honest business person you are, you gladly refund the money. But, a bad surprise awaits. Your original payment either bounces or if digital, the payment is withdrawn.

Now you are out of the money for your services, but also for the refund.

So What Do I Do?

“I urge anyone who receives an “overpayment” for services to be vigilant,” said Secretary of State Shenna Bellows. “Refuse the initial payment and ask that they resend it in the proper amount or wait for the payment to clear before any refund is sent. And if you accept digital payments, make sure you understand the policies of the platform you use. If you were scammed out of any money, contact your local law enforcement.”

So, it seems like we need to do a couple of things.

If someone overpays, refuse it. Request payment in the proper amount. It can quickly turn into a game of three card monte. And we know you always lose that game. Make sure your red flag alert is in full gear still.

We think the more important part is to make sure you got paid for your services before you deal with the potential scammer again. Make sure the money is in your account. And make sure you have all your ducks in a row when it comes with your payment service.

It was re-iterated that if you are being hussled or have already been scammed, contact your local law enforcement, which seems pretty obvious to us.

Always Protect Yourself

We always preach to protect yourself during signings. Ensure the signer is who they say they are, and not acting under distress. Make sure all of the documents are lined up and no information is missing. Make sure to keep your log up to date, etc.

Well, protect yourself for payments as well. Stay on top of it. Make sure you have the money.

And Beware of Over Payments.

January 2026

A new year brings in a few changes to notarial laws in Oklahoma. Background checks have dominated local conversation, but there are several fee changes that are of note, as well as the requirements for the notaries’ bond.

As states continue to bring notary fees into the 21st century, as well as a little extra cash for the coffers, notaries across a variety of states have been hit by higher initial and renewal fees. This is now the case in Oklahoma, where fees have more than doubled with the new rules changes.

The overall difference in many cases is not that much, but either way, it is going to be a cost of business to run your notary venture.

Here is a link to SB1028.

Background Checks

A national database background check will apply to all new applicants and renewals. While it is the case that Oklahoma notaries have always had a felony prevent them from being a notary, it appears the search for a case will now become more thorough.

The system is electronic, and allows a prospective or established notary to deliver their fingerprint by digital means. No information in the bill explains this process.

The Oklahoma State Bureau of Investigation will have 14 days from receipt to submit the results of the background check to the Secretary of State.

A felony conviction shall be grounds for removal of a person from the office of notary public and shall
preclude a person from further applying for or renewing a notary commission.

Fee Changes

Before we start with fee changes, let’s touch the bond really quickly. The required bond with the state used to be, $1,000. It now rises to $10,000.

The fee for your background check is a new one, as that is new to the system. You may be charged $50 or the cost of the background check. Whichever cost is lower.

Other Fee Changes

• Someone filing for a new notary commission will now pay $50 instead of $25.
• Notary renewals jump from $20 to $45
• If you use same day filing service shall pay $50 instead of $25.
• The filing fee for filing for your bond jumps to $25 from $10.

These funds shall be deposited in the Revolving Fund revolving fund created for the Secretary of State pursuant to the provisions of Section 276.1 of Title 62 of the Oklahoma Statutes.

The bill is pretty short and sweet.

The original bill wasn’t very long and these changes don’t change it that much. The federal background check sounds like a big change, but it really only affects rules that are already in effect, just in a more thorough manner.

And as we see fees rise across the country, it is no shock they would bind their way to Oklahoma.

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We said we would keep you up to date on this story, so here it goes.

To backtrack, a Nebraska notary was accused of signing fraudulent signatures regarding the state’s medical marijuana bill. It amounted to 24 counts of improper notarization. The case was dismissed and then brought back to life via appeal.

And then the notary threw his ring in the hat to run for Governor of Nebraska.

We could try to go more in depth, but why don’t you check out our previous articles on the topic.

• Accused Nebraska Notary to Run for Governor
• Nebraska Notary Case Back On
• Nebraska Notary Saga Goes On
• They Asked for It, They Got It
• In the News – November 2024

Well, it jumped to the Nebraska Supreme Court. And they heard first arguments on Wednesday, December 3rd.

The Players in the Arguments

So, we have Nebraskans for Medical Marijuana. Then we have former State Senator John Kuehn. Then a cross-filing was submitted by Secretary of State Bob Evnen. This is the guy who certified the signatures allowing the referendum to go on the ballot.

Both Kuehn and Evnen are asking the Nebraska Supreme Court to send the case back to a lower court.

Evnen’s lawyers argue that the case should be remanded to the lower court for the second part of the trial. They want the sponsors of the bill to prove they had enough valid signatures for the referendum.

Nebraskan’s for Medical Marijuana argued that Evnen does not have standing for this case, as he had a duty to certify ballots.

“We ask as a practical manner, for the benefit of the parties, for the benefit of the lawyers, and most importantly, for the benefit of the public, can Secretary Evnen certified the initiative, pull the plug at the last minute, admit he has no standing under the exclusive statutory provision, and then circumvent that through the declaratory judgment act?,” said Daniel Gutman, an attorney representing Nebraskans for Medical Marijuana.

SiouxlandProud

Kuehn’s lawyers pointed to how the alleged fraud could affect future ballot initiatives. They basically say that if the current ruling from the lower court is allowed to stand, then any two people could game the system and get any future initiative they want onto the ballot.

It is an interesting argument, but one has to wonder how two people could do this.

But, Kuehn’s lawyers addressed that. They said that all people accused of malfeasance would have to do is invoke the fifth amendment.

Overall, this seems like it raised more questions than answers. But we guess that is probably the point of hearings like these.

And it appears the saga will continue.

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A New Jersey class action lawsuit against UPS has cleared the bar and is allowed to proceed. The allegations are that UPS, and some of its franchises, overcharged for notary services.

In New Jersey the maximum fee is $2.50 per notarial act. UPS is alleged to have charged up to $15 per act. Was it put into a direct fee? No. It was hidden behind the surface as “notary convenience” or “clerical fee”.

The courts in New Jersey have ruled to let the lawsuit move forward. This is on the heels of the same action in Illinois. In both cases the courts found that the lawsuit had merit, based on the grounds of consumer protection.

Chief Judge Renée Marie Bumb denied a motion to dismiss the lawsuit. Regarding the New Jersey Consumer Fraud Act. Both the UPS Store Inc and franchises are defendants in the lawsuit. The court found the plaintiffs plausibly alleged that the agency had enough merit that the relationship between UPS Store corporate and its franchisees to allow a vicariously liability theory to proceed.

While UPS Store corporate is targeted in the lawsuit, they still may not be involved in the end result. This is based on if they had knowledge of the situation, and how it was handled between the corporate offices and the franchisees.

The plaintiffs alleged that TUPSS (The UPS Store Inc.) requires New Jersey franchisees to offer notary services, mandates the number of notaries available during operating hours, requires franchisees to use a standardized point-of-sale system with TUPSS-approved SKU codes, provides extensive training on notary services, and monitors transactional data including the amounts charged for notary services. The plaintiffs further alleged that TUPSS oversees advertising and marketing for notary services and maintains a customer-service department that sometimes issues refunds directly to customers regarding notary-service charges.

Buchalter

Plaintiffs purchased notary services at New Jersey UPS stores and, in class action complaints, alleged they were charged an amount that exceeded the $2.50 fee permitted by New Jersey law. Neither complaint alleged that the amount in controversy exceeded $5 million. During discovery, while an appeal from the denial of a motion to dismiss was pending, UPS produced a spreadsheet showing that the New Jersey UPS stores had more than one million notary transactions during the six-year class period, which established an amount in controversy that satisfied federal jurisdiction under the Class Action Fairness Act (CAFA). UPS removed both complaints to federal court. The district court remanded, reasoning that UPS could have performed the required calculation when the spreadsheet was produced in December 2020, so the removal petitions filed months later were untimely. The court did not consider whether CAFA’s local controversy exception required remand.

Justia

As stated, this does not just affect New Jersey, but Illinois has a similar case result as well. This is bringing allegations in multiple states, and the class action lawsuits are sure to spread to other states.

This points to the integrity of the system at UPS for their notary services. People need to make sure they use people that they can rely on to do the job correctly, and charge fees legally allowed by law.

If you are in the Hudson area of Florida, you are always welcome to get your documents signed at our office located at 13939 Lakeshore Blvd. Suite 101, Hudson, FL 34667. You can depend on Sunshine Signing to get it right every time.

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