Reply #13: Romney's EO 455 is an attempt to spell-out in plain

[TaleWgnDg]

Romney's EO 455 is an attempt to spell-out in plain language who cannot be an official witness for the state of Massachusetts (that's what a notary is, an official witness of good and reputable character to the signings of legal documents who may testify to same in courts of law). As well as it's an attempt to spell-out in plain language how-to behave while holding the notary public commission. It also gives the public a legal notice of wrongdoings that may revoke the notary commission.

Prior to EO 455 it was left unsaid other than in broad terms, overall, who qualifies and how to behave while a notary. The language was legal in context and dependent upon Massachusetts case law; whereas, now, the language may be understood by the general public. However, much of the language remains case law determinative.

One last comment. There's a U.S. Supreme Court case that held non-U.S.-citizens may be notaries public in America. (See, Bernal v. Fainter, 467 U.S. 216 (1984) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=467&invol=216 .) And, if you are interested in the "whys" and the "whatnots" about notaries public, read this case, it's instructive.

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