Notaries to Conduct Confidential Marriages

Division 3, Part 4, Chapter 2 of the California Code deals with the approval of notaries to authorize confidential marriages in this state.

Section 530 prohibits a notary public from issuing a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to issue confidential marriage licenses. A violation is a misdemeanor punishable by a fine not to exceed $1,000 or six months in jail.

Section 531 requires an application for approval to authorize confidential marriages to be submitted to the county clerk in the county in which the notary public who is applying for the approval resides.

In addition, the application is required to include six specified items. The application also has to include the applicable fees.

Section 532 states that not approval, or renewal of the approval, is to be granted unless the notary public shows evidence of successful completion of a course of instruction concerning the issuance of confidential marriage licenses that was conducted by the county clerk in the county of registration. The course of instruction is not to not exceed six hours in duration.

Section 533 specifies that an approval to issue confidential marriage licenses pursuant to this chapter is valid for one year. The approval may be renewed for additional one-year periods provided that the three specified conditions are met.

Section 534 requires the county clerk to maintain a list of the notaries public who are approved to issue confidential marriage licenses. The list is to made be available for inspection by the public.

Section 535 provides that if, after an approval to issue confidential marriage licenses is granted, it is discovered that the notary public has engaged in any prohibited actions, the approval must be revoked, and the county clerk must notify the Secretary of State for whatever action the Secretary of State deems appropriate.

In addition, if a notary public who is approved to authorize confidential marriages is alleged to have violated a provision of this division, the county clerk is required to conduct a hearing to determine if the approval of the notary public should be suspended or revoked. The notary public may present any evidence as is necessary in the notary public’s defense.

Section 536 specifies that the fee for an application for approval to authorize confidential marriages pursuant to this chapter is $300. The fee for renewal of an approval is $300.