A Notary in Maine was talking to me a while back. She said that she gave an Oath rather than giving a choice of an Oath or Affirmation. The Maine Secretary of State threatened to take her notary commission away if she made that mistake again.

I learned this because I gave her a phone quiz. I asked her to give me an Oath for a document that said, “I love starbucks double shot” (which incidentally is not sold in stores currently due to supply chain issues.)

She offered me a choice of an Oath or Affirmation after I had requested an Oath. That is similar to a customer ordering coffee, and then the waiter asking if he wants coffee or tea. He just said that he wanted COFFEE.

The signer has the legal right to choose the Notary act, not the Notary. So, if someone chooses an Oath, then give them their Oath. Most signers are clueless and don’t know what to choose – in that case, offer them a choice.

Would you like an Oath or Affirmation?
Affirmation

Would you like cream or sugar in your affirmation?
Soy milk please.

See how easy that was.

What most people do, including in court these days is to say, “Do you solemnly swear or affirm that…..” This verbiage includes both acts in one, so you don’t have to offer a choice. However, if someone asks for an Oath, and then you say, “Swear or affirm” you are overriding their choice of an Oath, and still offering them a choice after they very clearly made their choice.

But, take this seriously, because if you goof, you could lose your commission.

SUMMARY
1. Give the signer a choice of notary acts if they haven’t chosen.
2. Don’t override their choice if they already chose.
3. Bring soy creamer just in case.