What can the Illinois Secretary of State do if they find a prohibited act was committed?

The Illinois Secretary of State holds the authority to oversee notarial acts and ensure compliance with state laws governing notaries public. If a prohibited act is discovered, the most appropriate and warranted course of action is to issue a letter of warning or revoke the notary's commission.

This response ensures that there are consequences for unlawful or inappropriate actions taken by the notary, thereby maintaining the integrity of the notarial office. By issuing a warning, the Secretary of State can inform the notary of the violation and encourage compliance with the law going forward. In more severe cases, revoking the commission serves as a definitive measure to protect the public from further misconduct by that individual.

The option of transferring the case to another state is not practical within the context of a notarial violation occurring in Illinois, as jurisdiction issues and regulatory frameworks differ across states. Upholding the commission in the face of a reported violation would undermine the accountability expected of notaries. Ignoring the findings would fail to address the potential harm caused by the prohibited act and would diminish the public's trust in the notarial system. Therefore, issuing a letter of warning or revoking the commission is the appropriate response in maintaining the standards of notarial practice in Illinois.