I looked around on the MN SOS website. Unfortunately, they don't provide images of both sides of all the envelopes that are involved in absentee voting, so I don't think a person who doesn't have these envelopes in front of him/her can figure out the best way for an out-of-state notary to complete the notarization.
See https://www.sos.state.mn.us/election-administration-campaigns/election-administration/sample-absenteemail-ballot-envelopes/
Because of the pandemic, the witness requirement has been suspended provided the voter is registered.
If the voter is not registered, a witness or notary is required; if a notary or person authorized to administer oaths is used, the official can be from any state.
The voter signs below the statement "I certify that on Election Day I will meet all the legal requirements to vote."
MN asks the official to write the notary's name in the box marked "Witness" and the title of office in the box marked "Street Address". If the official is a notary, the notary must use his/her stamp.
There is probably enough room on the flap of the envelope so that after the envelope is sealed, the stamp would fit on the same side of the envelope as the voter's signature.
If the other side of the envelope were blank, the notary could write out a notarial certificate on that side. Placing the stamp on the same side as the voter's signature probably isn't a problem; it's the same piece of paper.
The first problem I see is the envelope does not make it clear which notarial act is needed. When the signer "certifies" but does not "swear" or "affirm" and there is no mention of the penalties of perjury, a signature witnessing, acknowledgement, oath, or affirmation all might be suitable. So somebody needs to instruct which notarial act is needed.
The next problem is the notary is checking off information on the envelope that is certifying information that is not required for any notarial act. The notary checks off which proof of residence was shown to the notary; looking at proof of residence documents is not a notarial duty. Also, the notary certifies several statements about how the voter filled out the ballot and put it in the envelope; this also is not a notarial duty. So the notary is being asked to use the title "notary public" while certifying facts that do not fall under notary duties. |
