When California Notaries Cannot Charge Fees: Free Notarizations
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Key Takeaways
- No fee may be charged for notarizing vote-by-mail ballot materials (Government Code § 8211(d))
- No fee may be charged for notarizing veteran benefit applications or claims (Government Code § 8211(f))
- Government employees performing official duties typically do not charge fees (Government Code § 6106)
- You still record $0.00 in your journal for every free notarization
Vote-by-Mail Materials
Government Code § 8211(d) prohibits charging any fee to notarize signatures on vote-by-mail ballot identification envelopes or other voting materials. If someone brings you a vote-by-mail envelope that requires notarization, you complete the notarization at no charge.
In practice, this does not come up often. Most vote-by-mail materials do not require notarization. But if you encounter a situation where they do, the fee prohibition is absolute.
Veteran Benefits Claims
Government Code § 8211(f) states that no fee may be charged to a United States military veteran for notarization of “an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit.” If a veteran brings you VA Form 21-526EZ (Application for Disability Compensation), a pension application, or any other document related to their VA benefits, you notarize it for free.
You should ask whether the document is related to veteran benefits if you are unsure. If the signer confirms it is, do not charge. If the signer is a veteran but the document is unrelated to benefits (a real estate closing, a power of attorney for personal matters), the standard $15 fee applies.
Public Employee Notarizations
Government Code § 6106 addresses notarizations performed by public employees in their official capacity. When a government employee notarizes documents as part of their job duties for their government employer, no fee is charged to the person receiving the notarization. The notary records $0.00 in the journal.
This is different from a government employee who notarizes documents on their own time for private clients. Outside of work hours, the standard fee schedule applies.
Voluntary Free Notarizations
Nothing prevents you from choosing not to charge for any notarization. Some notaries offer free notarizations as a community service, for friends and family, or as a promotion. The statute sets maximum fees, not minimums. You can always charge less than $15 or nothing at all.
Whether you charge or not, the journal entry must show the fee. Write $0.00 in the fee column. A blank fee column is a journal violation under Government Code § 8206(a)(2)(F), even for free notarizations.
Quick Reference: Fee Prohibitions
| Document Type | Fee | Statute |
|---|---|---|
| Vote-by-mail materials | $0 (required) | GC § 8211(d) |
| Veteran benefit applications/claims | $0 (required) | GC § 8211(f) |
| Public employee official duties | $0 (typical) | GC § 6106 |
| Any notarization (voluntary) | $0 (your choice) | No minimum in statute |
| All other notarizations | Up to $15 per signature | GC § 8211 |
Frequently Asked Questions
Do I have to verify someone is a veteran before waiving the fee?
You are entitled to ask whether the document is related to veteran benefits. If they say yes, the fee is waived. You are not required to demand a military ID or DD-214, but you can ask what the document is for if you need to determine whether the fee prohibition applies.
Can I charge a travel fee for a free notarization?
Travel fees are separate from notarial fees and are not regulated by the fee statute. If you travel to a veteran’s home to notarize a benefits claim, you can charge a travel fee while waiving the notarial fee. Be transparent about what you are charging for.
What if my employer says I must charge for every notarization?
Statutory fee prohibitions override employer policies. If a veteran brings you a benefits claim, the law says you cannot charge, regardless of what your employer’s policy says. Explain the statutory requirement.
How do I record a free notarization in my journal?
Write $0.00 in the fee column. Every other journal requirement (date, time, type of act, signer’s signature, ID information) still applies.
Are there penalties for charging when I should not?
Charging a fee when the statute prohibits it is a violation of Government Code § 8211. The Secretary of State can take administrative action against your commission. The veteran or voter who was improperly charged can file a complaint.
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