Questions have arisen from the membership regarding if and how they can implement the use of electronic proof of publication and the affidavits that are required to accompany the proof of publication.
In 2019, the Wisconsin Newspaper Association introduced and ushered to passage a bill that allows for the “Proof of Publication” and the accompanying notarized affidavit of a legal notice to be provided to the advertiser electronically.
This means that the newspaper may choose to provide the copy of the legal notice and the required notarized affidavit that must accompany the legal notice electronically.
This would most logically be done by attaching the copy of the legal notice as it appeared in the newspaper, with the page number and date of publication visible to the advertiser, along with the notarized affidavit to an email to be sent to the advertiser.
From Chapter 985 of the Wisconsin Statutes – Proof of Publication
985.12 Proof of publication. (1) AFFIDAVIT OF PRINTING. The affidavit of the editor, publisher, printer or proprietor of any newspaper, or of his or her foreman or principal clerk, of the publication of any legal notice, annexed to a copy of the notice clipped from the newspaper in either hard copy or electronic format, and specifying the date of each insertion, and the paper in which it was published, shall be received in all cases as presumptive evidence of the publication and of the facts stated therein. …https://docs.legis.wisconsin.gov/statutes/statutes/985/12
What is Required of a Notary When Providing an Electronic Signature to the Affidavit?
Remote Online Notarization (RON) was authorized in Wisconsin for the first time when Governor Evers signed bipartisan legislation Wisconsin Act 125. Act 125 created the five-member Remote Notary Council and established several requirements to safeguard the integrity of the notarial process. Among other safeguards, the law requires notaries performing remote online notarizations to utilize technologies that have been approved under the standards of the Remote Notary Council and DFI. Act 125 does not permit the use of unapproved technologies in performing remote online notarizations.
Wisconsin commissioned notaries can choose to register with any number of the approved Technology Providers (list updates as new providers are approved). Once a notary signs up with a provider and is approved by them, they may begin using the provider platform immediately. The provider will inform Department of Financial Institutions of the RON registration, and it will be noted that the notary is now a RON on the notary search.
Remote Online Notarization – Links for Notaries to Become
Click here to access the links provided by the Wisconsin Department of Financial Institutions which oversees the registration of notaries for RON providers.
For questions regarding electronic proof of publication and electronic affidavits, please contact Beth Bennett at 608-283-7621 or beth.bennett@wnanews.com .
