Modernizing Notarization for a Mobile, Digital Nation

By Jason Stverak

In the 119th Congress, lawmakers have a rare opportunity to drag one of our most archaic processes into the 21st century. Both the House and Senate have introduced identical bipartisan bills (H.R. 1777 in the House and S. 1561 in the Senate) known as the SECURE Notarization Act. 

This legislation – championed by Rep. Cliff Bentz (R-OR) and Rep. Madeleine Dean (D-PA) in the House, alongside Sen. Kevin Cramer (R-ND) and Sen. Mark Warner (D-VA) in the Senate – would finally authorize nationwide use of secure remote online notarization (RON). By allowing important documents to be notarized via two-way audiovisual communication, Congress can modernize notarization in a way that benefits consumers, businesses, and especially military families who often cannot be physically present for a notary. The need is clear, the solution is common-sense, and the support is resoundingly bipartisan.

Bringing Notarization into the 21st Century

Notarization has remained essentially unchanged for centuries – paper documents, in-person signings, and an antiquated insistence on physical presence. This might be quaint in an era of quill pens, but in today’s digital economy it is an unnecessary obstacle. As Sen. Mark Warner put it, “It’s time to finally bring the notarization process into the 21st century.” Remote online notarizations have already “proven to be a safe and convenient way for individuals to complete essential services such as executing wills, completing financial documents, and buying or selling a home online,” Sen. Warner noted from experience in Virginia, one of the early-adopter states. 

Nearly 44 states have embraced some form of remote or electronic notarization, especially after the pandemic forced services to go virtual. Yet without a federal framework, interstate recognition of notarizations is inconsistent and many Americans are left out if they live in or deal with the handful of states without RON laws.

What Act Would Do

The SECURE Notarization Act would establish national minimum standards and ensure that a remotely notarized document is recognized across state lines. This is a straightforward upgrade to an everyday process. It means a homebuyer in one state can get documents notarized by a notary in another state without jumping on a plane. It means an elderly couple can finalize a power of attorney from the safety of home. And it means a small business owner can sign a contract without delaying a closing or taking a day off work to find a notary. 

As Rep. Madeleine Dean has observed, “The pandemic has shown us how crucial online access is for so many areas of our life, including notarization.” We shouldn’t regress from those lessons learned – we should build on them. By passing this Act, Congress will embrace innovation and make notarization as convenient as online banking or telehealth, while retaining the security and trust the process demands.

A Lifeline for Military Families and Mobile Americans

Perhaps no community knows the pain of outdated notarization requirements more than our military families. Service members are frequently stationed abroad or moved across state lines, yet they still need to manage personal affairs back home – whether it’s buying or selling a home, registering a vehicle, or executing legal documents like wills and powers of attorney. 

Right now, a soldier deployed overseas or a sailor at sea may face huge hurdles just to notarize a document, often resorting to finding a base legal office or international notary – if one is even accessible. This is not merely inconvenient; it can be mission-affecting and financially costly. 

“People across our country, and those living outside of the U.S. for military service or other reasons, can have their documents notarized remotely” under the SECURE Notarization Act, Rep. Dean emphasizes from her perspective as a lawmaker and military mom. The Act would ensure that being in uniform abroad no longer means being unable to complete important paperwork back home.

Understanding the Challenges First-Hand

Defense credit unions understand these challenges firsthand. As the institutions serving our armed forces and their families, defense credit unions often help members navigate powers of attorney, loan paperwork, and other documents from thousands of miles away. 

Enabling remote notarization nationwide would let a military spouse in Pennsylvania co-sign a loan with her deployed partner in Okinawa, or allow a veteran with mobility issues to update benefit paperwork without traveling. “For many Americans in rural areas or serving overseas, the ability to notarize documents remotely isn’t just about convenience—it’s about necessity,” said Rep. Cliff Bentz, the House sponsor from Oregon, a state with many remote communities and National Guard members. Whether it’s a Navy family transferring bases or a traveling contractor on assignment, a mobile nation needs mobile notary services. Modernizing notarization is fundamentally a quality-of-life improvement for those who serve our country and for an increasingly mobile workforce.

Safeguarding Security and Fraud Prevention

Some skeptics have reasonably asked, “Does removing the physical presence requirement open the door to fraud or identity theft?” The answer: not at all. In fact, remote notarization can be even more secure than traditional pen-and-stamp methods. 

The SECURE Notarization Act is very deliberate about security standards. It mandates the use of tamper-evident digital technology for notarized documents and requires robust multi-factor authentication to verify a signer’s identity (for example, using knowledge-based ID checks and credential analysis far beyond a simple ID card flash). Every remote notarization session is recorded, creating a verifiable audio-video audit trail that a paper notary journal simply can’t match.

‘Valid Across State Lines’

The lawmakers behind the bill are emphatic that security is non-negotiable. “Our bill simply makes sure online notarizations are valid across state lines and allows every notary to perform them – and perform them in a very secure way,” Sen. Cramer explained, highlighting that the goal is to expand access without ever compromising trust.

Remote notarizations actually reduce fraud risk by preventing forged in-person signatures or fake IDs that slip past a notary’s naked eye. The digital tools used – from cryptographic seals to recorded sessions – add layers of protection. This is why major industries backing the bill, like the real estate, banking, and insurance sectors, are confident that RON is safe and fraud-resistant. 

When nearly every other aspect of commerce has moved to secure digital platforms, it makes little sense to leave notarization – the act that underpins so many legal transactions – stuck in the analog era. We can have both convenience and security; the technology is already here, and the SECURE Notarization Act will ensure it’s implemented consistently nationwide.

Bipartisan Momentum and Widespread Support

It’s refreshing, in these polarized times, to see true bipartisan agreement on a policy that helps virtually everyone. The SECURE Notarization Act enjoys broad support from Democrats and Republicans alike – a testament to its common-sense appeal. 

“This commonsense, bipartisan bill will modernize an essential part of real estate transactions by allowing nationwide use of secure, remote online notarization,” noted one sponsor. In fact, a previous version of this legislation passed the House unanimously in the last Congress, and the concept of nationwide RON has been endorsed by stakeholders ranging from the American Land Title Association and National Association of REALTORS to consumer advocacy groups. They all recognize that modernizing notarization isn’t a partisan or industry issue – it’s a national necessity.

DCUC Part of Coalition

The Defense Credit Union Council – representing credit unions that serve military and veteran communities – has joined a coalition of over two dozen organizations urging Congress to enact this bill. From life insurers to community banks to technology companies, the coalition reflects a nationwide consensus: we must make notarization secure, accessible, and fully online. 

And let’s be clear, this isn’t a federal takeover of state notary systems. States will continue to license and regulate notaries as they always have; the SECURE Notarization Act simply sets baseline standards and compels interstate recognition, much as states already recognize each other’s notarial acts in most cases. It’s a modest step that prevents bureaucratic headaches and conflicting rules when documents cross state lines. Everyone from a homebuyer in Virginia to a deployed airman from North Dakota stands to benefit from the certainty that their remotely notarized documents will be valid and accepted.

Time to Act: Secure Notarization Now

With robust safeguards in place and broad, bipartisan backing, there is no reason for Congress to delay. The SECURE Notarization Act (H.R. 1777/S. 1561) represents a 21st-century upgrade to help Americans thrive in an increasingly digital and distributed world. Every day without it, someone somewhere is unable to finalize an important transaction – a home purchase, a small business loan, a medical directive – simply because of outdated notary laws. 

Our nation’s servicemembers and veterans, in particular, should not have to jump through extra hoops to manage their personal affairs due to antiquated rules. As Sen. Cramer pointed out, the current patchwork of state laws “really leaves consumers without consistent access” to notary services and even “violates the spirit of interstate commerce.”

It’s rare to find legislation that checks all the boxes: bipartisan, pro-consumer, pro-business, tech-forward, and supportive of military families – but this is precisely such a bill. Congress should seize this momentum.

A Tangible Win

By swiftly passing the SECURE Notarization Act in both chambers and sending it to the President’s desk, lawmakers will deliver a tangible win for millions of Americans. Let’s finally bring notarization into the digital age and ensure that no matter where you are – whether on a military base, in a rural town, or simply at home after hours – you can get your important documents notarized safely, securely, and conveniently. 

The time to act is now. Congress must secure notarization now by enacting this bipartisan, bicameral reform without delay. In doing so, they will strengthen our economy, empower consumers and servicemembers, and prove that common-sense ideas still have a place in Washington.

Jason Stverak is chief advocacy officer with the Defense Credit Union Council. For info: www.dcuc.org.

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