Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2
Satisfactory evidence of identity: means :
(i)
for both an in-person and remote notarization, identification of an individual based on:
(A)
subject to Subsection (19)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;
(B)
subject to Subsection (19)(b), a valid passport that any nation issues; or
(C)
the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and
(ii)
for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under Section 46-1-3. See Utah Code 46-1-2
(a)
electronic software and hardware that a remote notary may use to:
public and proprietary data sources that a remote notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(19)(b);
(c)
dynamic knowledge-based authentication or biometric data analysis that a remote notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(19)(a)(ii); and
(d)
electronic seals a remote notary may use to complete an electronic notarial certificate.
(2)
When making a rule under this section, the director of elections in the Office of the Lieutenant Governor shall review and consider standards recommended by one or more national organizations that address the governance or operation of notaries.
