People also ask
Tennessee Rule 1360-07-03-.03 states
- The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
- A backup of the electronic records shall also be maintained for five years following the date of the notarization.
- A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
- The original records and backup shall be protected from unauthorized use.
No, the State of Tennessee only offers notaries and remote online notaries.
A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.
You may obtain Form #SS-4507, Application for Certification of Municipal Clerks & Recorders and Continuing Education Credit, from our website or upon request from our office.
For certification, the application must be accompanied by a copy of the certificate(s) from the institution(s) at which the qualifications were completed. The certificate(s) (other than a degree) should indicate the number of hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content.
For continuing education credit, the application must be accompanied by a copy of the certificate(s) of attendance and a statement as to the number of credit hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content. Please note that the Division of Business Services does not pre-certify seminars for content applicability or for applicable credit hours. Applications are accepted by mail, fax or in person. Upon receipt and approval of an application, the Division of Business Services will issue to the applicant a certificate confirming the certification or continuing education credit.
Normally poll workers report to work one hour before polls open and leave one hour after the poll closes. Check with your county election commission for more information.
To be a poll worker, a person must:
- Be at least 16 years old
- Be a registered voter in the county if 18 or older
- Be able to read and write in the English language
- Not be supervised by a county or municipal elected official on the ballot
- Not be a candidate or close relative of a candidate. Close relatives are defined as the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate on the ballot or a write-in candidate
Government Employees Who Can Serve as Poll Worker:
- All City, County and Metro employees (unless working directly under the supervision of an elected official on the ballot)
- State of Tennessee employees
- Federal employees – consult your Human Resources Department to ensure eligibility
A poll worker shall also:
- Have strong clerical skills
- Be able to solve problems
- Be an effective communicator
Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies. You have the option to add new vendor technologies in your dashboard for free. The same documents are required to be uploaded.
- A nonresident fiduciary is a person who does not reside in Tennessee, or a bank or trust company not authorized to do business in Tennessee, that is appointed by will, deed, trust agreement, court order or otherwise to serve as trustee of a corporate or personal trust, personal representative of an estate, guardian, conservator for an incompetent person, guardian for a minor or in any other fiduciary capacity.
- Only certain types of individuals, banks or trust companies may serve as nonresident fiduciaries. Please consult Tennessee Code Annotated, Section 35-50-107 for a complete listing of qualified persons or entities.
If you are interested in becoming a poll worker, apply by filling out an application form. Poll workers are appointed locally based on need.
County Election Commissions are required by state law to provide training. This training provides all the necessary information and knowledge to be a successful poll worker.
Poll workers are compensated for working at polling places at a rate determined by the county election commission and are also compensated for attending any required training sessions. Poll workers may also choose to volunteer their services, but most are paid.
Every effort is made to assign a poll workers to their neighborhood voting site. However, poll workers must be willing to be flexible and consider assignments at other sites in the county based on need.
In accordance with Tennessee Rule 1360-07-03-.04, an online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public's name as it appears on the commission printed at the top, the county of election printed at the bottom, the words 'Tennessee Notary Public' printed in the center, and the words "Online Notary Public" printed below. The electronic seal must also be accompanied by a statement of the date upon which the online notary public's commission expires.
No, the Tennessee Secretary of State does not recommend nor endorse any third-party vendors. Whatever platform you choose should provide identity proofing, credential analysis, and storage for your video recordings of notarial acts. It should also be capable of attaching your electronic seal, electronic signature, and electronic notarial certificate to an electronic document.
Yes. State employees may become poll workers.
A municipality with a population of 1,500 or more according to the 1990 Federal Census or any subsequent Federal Census, which employs an officer or employee responsible for exercising any of the duties of Municipal Clerk & Recorder, must have at least one certified person. For other municipalities, certification is optional.
A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process. This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary.
The appointment document submitted to the Secretary of State must contain the following items:
- The name of the specific trust, estate, or person for which the fiduciary has been appointed;
- The name and out-of-state street address (including zip code) of the fiduciary;
- A statement clearly designating the Tennessee Secretary of State as agent for service of process;
- An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and
- The date the document is signed.
- The appointment document need not be in affidavit form or notarized.
- The appointment document must be accompanied by a filing fee of $10.00. Please make checks or money orders payable to the Tennessee Secretary of State.
Agent Appointment by Nonresident Fiduciary form is also available.
In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State. The steps which must be taken for a notary to perform online notarizations can be found in the Online Notary Public Guide.
Poll workers conduct assigned duties at a polling site during early voting and on Election Day. Duties can include processing voters, explaining how to mark a ballot, use the voting equipment, or counting votes. Other positions at a polling place include a greeter who assists with answering questions and directing voters to the voting area.
A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.
With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:
"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."
Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.
A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.
- The name of your vendor and a description of the technologies it uses to provide the services listed in the Tennessee Rules [1360-07-03-.02(h), (i), (l ), (m), (n)]
- An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;[1360-07-03-.03(12)]
- A copy of your unique electronic seal; [1360-07-03-.03(k)]
- A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
- A copy of the instructions or techniques supplied by the vendor that allows the online notary public's electronic notarial certificate to be read and authenticated;[1360-07-03-.04(8)]
- A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis. [1360-07-03-.02(m)]
In e-notarization, the notarization uses digital signatures but must occur in the physical presence of the notary, similarly to a traditional/pen and paper notarization. In remote notarization, the person is not in the physical presence of the notary but is present through audio and visual equipment such as a webcam.
The third-party vendor you have chosen should provide you with the certificate.
The portion of a notarized electronic document that is completed by the notary public, bears the notary public's electronic signature and official electronic seal, official title, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.
The application fee is $75.
To retain certification, a certified person is required to attend a minimum of 18 hours of continuing education courses every 3 years. This requirement may be met by attending a minimum of 18 credit hours from any of the following or combination thereof, provided that the hours were not used to complete the required hours of education for certification:
- The Academy for Advanced Education (U.T.);
- The International Institute of Municipal Clerks annual conference or state, provincial or regional clerks meetings;
- Seminars conducted by the Tennessee Municipal League;
- Leadership and Technical Programs (U.T. Municipal Training); or
- Job-related seminars.
- Any person who is licensed to practice law in Tennessee and who satisfies continuing legal education requirements
- Any person who has been appointed or is acting in the capacity of a city manager or administrator and who possesses a M.A. degree in public administration
- Any person who is a certified public accountant holding a certificate as provided in Section 62-1-106 or Section 6-1-107
- Any person who has served as both a city judge and city recorder for at least 25 years
To be certified, a person must obtain certification from the International Institute of Municipal Clerks or must complete a minimum of 100 credit hours from any of the following or combination thereof:
- The Municipal Clerks Institute (U.T.);
- The U.T. Center for Government Training
- Seminars conducted by the Tennessee Municipal League;
- Leadership and Technical Programs (U.T. Municipal Training);
- Job-related seminars; or
- An A.A. or A.S. degree (maximum credit of 25 hours) or a B.A. or B.S. degree (maximum credit of 50 hours), provided that credit will be given for only one degree.