People also ask
The program does NOT:
- Help participants change their identities or relocate.
- Remove or delete existing public records.
- Offer legal advice.
- Relieve participants of their legal or financial responsibilities.
The Safe at Home Program will receive all first class and certified mail sent to the substitute address and then forward that mail to the participant at their designated mailing address.
Tennessee Code unannotated § 8-16 et al
In 2010, the Attorney General's office gave its opinion on Notarization of Spouse's Signature.
Notaries are state officials. View Attorney General opinion on Whether notaries public are state or county officials.
A Notary is a position created by state law allowing individuals, as state public officials, to:
- Acknowledge signatures upon personal knowledge or satisfactory proof
- Administer oaths
- Record and/or transcribe depositions
- Confirm the authenticity of signatures on affidavits.
If a notary moves out of the State of Tennessee and has neither a residence nor a principal place of business, then the notary is no longer qualified to act as a Tennessee notary public and must surrender his or her commission and stamp to the county clerk's office. T.C.A. § 8-16-110
According to Tenn. Code Ann. § 8-21-1201, “Notaries public are entitled to demand and receive reasonable fees and compensation for the notaries public's services.”
The Attorney General stated that the notary is not required to keep the record in a particular type of “well bound book,” but that the notary may keep the information in another recorded format, as long as certain standards are met, as set forth fully in the opinion. This Attorney General’s opinion is available here: Attorney General Opinion No. 14-89
'Satisfactory evidence' means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following:
- The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness;
- Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (f) years;
- An identification card or driver's license issued by the department of safety; or
- A passport issued by the United States department of state; or
- Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and in the event that the document is a passport, has been stamped by the United States immigration and naturalization service:
- A passport issued by a foreign government;
- A driver's license issued by a state other than Tennessee;
- An identification card issued by a state other than Tennessee; or
- An identification card issued by any branch of the armed forces of the United States.
T.C.A. § 66-22-106
If a notary moves his or her residence or principal place of business out of the county from which he or she was elected to another county in Tennessee, the notary must notify the county clerk in the county from which the notary was elected and submit an address change form to the county clerk. T.C.A. § 8-16-109
Yes, it is optional and not required by law.
Military personnel, their family members and overseas voters (UOCAVA voters) may receive their absentee ballot via e-mail or by-mail upon request. UOCAVA voters may track when the ballot was received by their local county election commission office. The voted ballot must be received by the local county election commission office by the close of polls on election day to be counted. Please see our complete guide on How to Vote Absentee for Military and Overseas Voters.
A Notary Signing Agent or a Loan Signing Agent is a Traditional Notary who has special training to handle loan document signings. The State of Tennessee does not have any additional requirements or guidelines for Notary Signing Agents or Loan Signing Agents.
The State of Tennessee does not assign commission numbers, if the form requires an entry enter N/A for Not Applicable.
State law requires that all notaries use an official seal prescribed and designed by the Secretary of State. The notary must purchase the official seal at his or her own expense. At the notary’s request, the county clerk may obtain an official seal for the notary, and the county clerk may charge a fee for this service not to exceed 20 percent of the cost of the seal. T.C.A. § 8-16-114.
The current design prescribed by the Secretary of State is a circular seal with the notary’s name (as it appears on the commission) printed at the top, the county of election printed at the bottom, and the words “State of Tennessee Notary Public” or “Tennessee Notary Public” printed in the center.
The seal may be imprinted by a rubber or other type stamp (not an impression seal), and the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier. Notaries may continue to use their impression seals until the expiration of their term. The use of an embossed seal after May 12, 2003, does not render an acknowledgment defective. T.C.A. § 8-16-114.
The seal must be surrendered to the county legislative body (through the county clerk) upon expiration of the notary’s term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114.
The renewal process for a notary is the same process as obtaining your original commission.
According to T.C.A. § 8-16-114, the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier.
- the date of the acknowledgment, affidavit,or other transaction;
- The name of the person whose signature is being notarized;
- To whom the instrument is being executed;
- A description, including the date of the instrument;
- Whether the person whose signature was notarized was a personal acquaintance or what proof was shown prior to notarizing the signature
- What fee, if any, was received.
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of a notary. T.C.A. § 8-16-114
A Notary has the power to administer oaths and take depositions, affidavits, and acknowledgments. A Notary’s powers and duties can be exercised in all counties in the State of Tennessee.
The Office of the Secretary of State has developed an application form that must be used to apply for the program, which captures all required information and must be completed with the assistance of a Certified Application Assistant, who must also sign the application. The application must be submitted to the Safe at Home Program by a certified application assistant.
For more information see our Applicant Guide.
Yes, if that person is physically present in the state.
Program Participants are not subject to selection for state or municipal jury duty. T.C.A. § 40-38-607.
Program participants should not appear on state or municipal jury selection lists. If a program participant is selected for jury service, the summoning court should excuse the program participant.
If a program participant receives a jury summons for either state or municipal jury duty, the Participant must notify the summoning court of the participant's exempt status and provide a copy of the Participant's Certificate of Program Participation, if requested.
Participants may not fail to respond to a jury summons.
No. The voter will receive absentee ballots for all regularly scheduled elections for the calendar year in which the request is submitted.
Note that it is the voter’s responsibility to keep the local county election office informed of any changes of address. The ballots will be mailed or e-mailed, depending on the choice of the voter, to the address that is originally submitted to the local county election office until further notice from the voter.
Applications may be received no earlier than January 1 of the year in which the election is to be held unless the election is to be held less than ninety (90) days after January 1 of the calendar year. In that case, the application may be received no earlier than ninety (90) days before the election and no later than seven (7) days before the election.
Certified Application Assistants work with various state and local agencies and/or nonprofit agencies that provide counseling and shelter services to victims of domestic abuse and other crimes. At list of Certified Application Assistants can be found here. Safe at Home is most effective as part of an overall safety plan. Additional information regarding safety plans can be found here.
You can check with your county clerk's office to see if the request has been submitted to our office. You can also go to the Notary Search page and search for your information to check the status of your commission at https://tnbear.tn.gov/Notary/notary
The voted ballot must be received by mail by the close of the polls on election day. If the ballot is rejected, the registered voter will be notified that the ballot was rejected and why the ballot was rejected.
No. If you meet the qualifications to register to vote in Tennessee but have not registered prior to requesting an absentee ballot and you fall into one of the above categories, your application for absentee ballot will be treated as an application for temporary registration.
Normally, an individual who registers to vote by mail must appear in person in the first election the person votes in after such registration becomes effective. This provision is waived in the case of military personnel, their family members, or overseas citizens. However, since this is only a temporary registration, once you are no longer eligible to vote under this provision of the law, you must complete a voter registration form and submit the form to your local county election commission prior to voting in any subsequent election.
If you are a registered voter prior to requesting an absentee ballot under this provision, the above information does not apply to you.
Tennessee allows you to receive an absentee ballot by mail or e-mail. Please indicate how you would like to receive your absentee ballot on your request. If you indicate e-mail, provide your e-mail address (on the Form 76 your e-mail address should be provided in Block 2) with the request. If you do not indicate how you want your absentee ballot sent, the absentee ballot will be mailed. Tennessee does not allow you to receive your absentee ballot by fax.
Any person who is required by law to be registered under any of the following is not eligible to participate in the program:
- Tennessee Sexual Offender and Violent Sexual Offender Registration Verification and Tracking Act of 2004, compiled at Title 40, Chapter 39, Part 2;
- Tennessee Animal Abuser Registration Act, compiled at Title 40, Chapter 39, Part 1
- Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled at Title 68, Chapter 11, Part 10; or,
- Drug offender registry under Tennessee Code Annotated § 39-17-436.
If a voter notifies the election commission that he or she has “spoiled” a ballot or has not received the ballot, the election commission shall note on the records that subsequent supplies have been sent and supply the voter with subsequent voting supplies.
After timely requesting an official absentee ballot, Armed Forces personnel and overseas voters who feel that there may not be a sufficient amount of time to receive and then return the voted ballot may also use the Federal Write-In Absentee Ballot (FWAB).
Instructions for completing an FWAB, the FWAB ballot and envelopes may be found at FVAP.gov.
Note: If both ballots are received prior to the close of the polls on election day, the county election commission will count the official ballot it provided to the voter.
- Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- Wherever a program participant is required by law to establish residency, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- The substitute address may be used for motor vehicle records and may be printed on a drivers license. T.C.A. § 40-38-602.
- The substitute address may also be used as your official mailing address for all public utilities and public utility service providers. T.C.A. §§ 40-38-602, 606.
- Participants may also request that private entities use the substitute address, although they are not required to do so.
Yes, Public Chapter No. 255 of the 112th General Assembly changes the language allowing notary publics to perform marriages. There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants. Effective April 28, 2021.
An individual should consider applying if they are victims of domestic abuse, stalking, human trafficking, or any sexual offense, who:
- are attempting to escape an abuser, stalker, or other aggressor;
- are currently residing in a domestic violence shelter or other crisis shelter;
- are currently temporarily residing with family or friends;
- have moved to a new home within the previous 30 days;
- have children; or
- rely upon, or will need to rely upon, public assistance programs.
The application can be completed by:
- Any adult may apply on their own behalf
- A parent may apply on behalf of their minor child
- A fiduciary, such as a guardian or conservator, may apply on behalf of a minor or a person with a disability
Program participants may be required to provide their residential street address to a public utility service provider for the purpose of obtaining utility services. However, participants can request that their residential address be treated as confidential by presenting the public service utility with a certificate of program participation.
After doing so, the public utility service provider must treat the residential address and all other identifying information as confidential in accordance with the Tennessee Public Records Act, compiled at Title 10, Chapter 7, Part 5.
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.
Private businesses are not required by statute to accept a Safe at Home Participant's substitute address. However, private companies or agencies are encouraged to make every effort to keep a participant’s information safe by accepting the substitute address whenever possible. If agency or business employees have questions about using the substitute address, they may contact the Safe at Home Program directly.
- When listing, appraising, or assessing property taxes;
- When collecting property taxes;
- On any document related to real property recorded with a county clerk or recorder.