Posted by NVLSlady/VA on 5/20/13 1:53pm
Msg #470601

Oh no! Affidavit

Oh, no! Another one:

I am having to witness and swear petitioners and the affidavit is worded for the Circulator (of the petition). The one who is hiring me is being asked to provide her signature as a witness to the signatures that I'm witnessing - along with her SSN on the form. Please tell me comments or experience I don't want MY certificate lost. I am the one witnessing/acknowledging. And I'm NOT the voter, candidate, etc.

SAMPLE:
Commonwealth of Virginia AFFIDAVIT



I, __________________________________, swear or affirm that (i) my resident address is ______________________________



_________________________________________________; (ii) I am a qualified voter in the Sterling District in the County of Loudoun, (iii) I am qualified to vote for the office for which this petition is circulated; (iv) I personally witnessed the signature of each person who signed this page or its reverse side; and, under penalty of perjury, the statements made in this petition are to the best of my knowledge true and accurate. I understand the penalty for falsely signing this affidavit could be substantial fine or imprisonment.



________________________ ______________________________



Signature of person circulating petition Circulator’s social security number



Subscribed and sworn to (or affirmed) before me this ____ day of ________, 20______



My commission expires on ___________ Notary:_________________________________



Circulator: Sterling Resident

Reply by VT_Syrup on 5/20/13 2:12pm
Msg #470605

So you're circulating the petition and witnessing the signatures of the petitioners. Then you're going to appear before a notary who will fill in the blanks beginning with "Subscribed and sworn...." Do I understand correctly?

So is the petition about nominating someone for office, or does it contain statements of facts (for example, that wind turbines kill bats)? If it contains so-called facts, I'd be checking in to those facts to decide if I really believed them or not.

Reply by NVLSlady/VA on 5/20/13 2:17pm
Msg #470606

No, the Circulator of the petition wants me there to notarize. I will be filling in the jurat ("subscribed and sworn"). Do I just ignore the top portion and let the circulator write in her info?

p.s. I'm glad I was proactive on this one because I asked her to send me the petition and there are several statements on it about a county official; as an independent 3rd party witness I will have to give the oaths to each signer that the statements are true

Reply by VT_Syrup on 5/20/13 2:28pm
Msg #470609

The way the petition reads, it would seem the person who circulated each sheet is swearing that the circulator's address is correct, the circulator is a qualified voter in the Sterling District in the County of Loudoun, is qualified to vote for the office for which this petition is circulated, and witnessed all the signatures that appear on the sheet. It does not seem the notary has to administer an oath to, or witness the signature of, any of the petitioners.

So if you are being told to give an oath to each petitioner, and have each petitioner sign in your presence, it would seem the form is not drawn up correctly.

Reply by Patricia/VT on 5/20/13 2:32pm
Msg #470611

Is it possible that both the circulator& signer of the petition are appearing before you and that you are administering the oath to both?

Reply by NVLSlady/VA on 5/20/13 2:50pm
Msg #470617

Circulator is gathering up the petitioners (signers) - and is likely the "incumbent's" new headache (I mean, challenger), Lol.

But I think you're onto something: <<"It does not seem the notary has to administer an oath to, or witness the signature of, any of the petitioners">>

Way nicer for me to just show up after the signers have gone and administer oath to the circulator that all signatures were witnessed by her and the statements in her petition are accurate.

Reply by JanetK_CA on 5/20/13 3:25pm
Msg #470629

"just show up after the signers have gone and administer oath to the circulator that all signatures were witnessed by her and the statements in her petition are accurate."

That's what it looks like to me. It would be pretty tough - and probably impractical - to have the signature of every signer of the petition notarized. I'd just be sure to have her fill in the top part of the form that she is signing off on. The jurat certificate, of course, is your responsibility.

Reply by VT_Syrup on 5/20/13 7:24pm
Msg #470654

Presumably these are public records. Maybe you could stop by an appropriate office and see how some that were already accepted were done. Of course, that might be too much trouble for the amount you're being paid (you didn't say how much, and I'm not asking).

Reply by NVLSlady/VA on 5/20/13 10:17pm
Msg #470669

Yes, in her email she mentioned about these being public

records. What I couldn't understand is why she wanted me there to witness all the signatures because she told me the bank notarized before. I know the bank employee didn't witness each petitioner sign!

Basically, I gave her my fee for travel and the 1 notarization.