That's why I brought it up... this example seems off from what many of us actually practice. We all have a perception of what "difficult or impossible means" -- and I doubt any of us would consider, "I left it at home," a reasonable response. Yet, according to the student manual published by the state... it seems that we should allow it.
The vast majority here have said many times that they will not allow the use of a CW if the person has some form of ID, even if it doesn't meet the ID requirements (expired, wrong name, etc.) The reasoning? Because they *do* have ID, but they haven't taken the time to get if fixed. Thing is, I can't find anything in our handbook or in the code where this is something we should do (deny the use of a CW). Obviously, we can't accept improper ID, that's a given, but where is it noted that we can deny them the use of a CW because *we* don't feel it is difficult or impossible to get proper ID? And, in the case of the manual... even if it means they left it a home? The law allows for use of CWs in the absence of proper ID.
As a notary, we can verify that the CWs have proper ID. We can verify that they aren't named in the document and express to them the rest of the requirements are for being a CW. If the CW has proper ID, is not named in the document and is willing to swear under oath to the 5 things they're supposed to swear to... then what else are we to do? The CW has met all of the legal requirements to establish the person's identity.
Based on the example given, the SOS is declaring that Rene can appear provided Rene fulfills all of the CWs requirements. |
