What authority can a notary refuse to perform a notarial act?

If the notary public is not satisfied that:

• the individual executing the record is competent or has the capacity to execute the record;
• the individual’s signature is knowingly and voluntarily made;
• the individual’s signature on the record or statement substantially conforms to the signature on a form of identification used to determine the identity of the individual; or
• the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual.

A notary public may refuse to perform a notarial act unless such refusal is prohibited by law. A notary public may not refuse to provide notarial services on the basis of a customer’s race, color, National origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status.