A Maine notary cannot marry someone on the strength of the notary commission alone. Since July 1, 2023, any Maine resident who wants to solemnize marriages, including a notary, needs a separate Marriage Officiant license issued by the Secretary of State under Title 5, section 90-G.1Maine Legislature. Maine Code Title 5 90-G – Marriage Officiant License; Term of License; Renewal of License The notary commission and the officiant license are two different things.
When the new category took effect, every Maine-resident notary with an active commission was automatically issued a Marriage Officiant license for the remainder of that commission, unless the notary opted out in writing.1Maine Legislature. Maine Code Title 5 90-G – Marriage Officiant License; Term of License; Renewal of License So if you were a Maine notary before July 1, 2023 and did nothing, you likely already have the officiant license. Notaries commissioned after that date, notaries who opted out, and Maine residents who aren’t notaries at all have to apply for the license separately.
Other categories of people can also solemnize marriages under Maine law. Resident justices, judges, and lawyers admitted to the Maine Bar can perform ceremonies, and ordained ministers, clerics, and individuals licensed to preach by a religious body can officiate regardless of residency or U.S. citizenship. A nonresident who fits none of those groups can get a temporary registration certificate from the Office of Data, Research and Vital Statistics for a single ceremony.2Maine State Legislature. Maine Code Title 19-A 655 – Persons Authorized to Solemnize Marriages
How to Get the Marriage Officiant License
Applications go to the Secretary of State’s office, and the filing fee is $25.3Maine Secretary of State. Marriage Officiant Information To qualify, an applicant must:
- Be at least 18 years old
- Be a Maine resident
- Be able to read and write English
- Show an understanding of Maine’s laws and rules governing marriages under Title 19-A, Chapter 23
The first three requirements come from the statute; the fourth is added by the Secretary of State’s administrative rules.4Maine Secretary of State. Chapter 720 – Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine You do not need to be a notary to apply. If you only want to officiate weddings and have no interest in notarizing documents, the Marriage Officiant license stands on its own.
How Long the License Lasts
If you also hold a Maine notary commission, your Marriage Officiant license runs for the same term as that commission and renews automatically when you renew the commission, unless you opt out on the renewal application. Everyone else gets a seven-year license.4Maine Secretary of State. Chapter 720 – Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine
The Secretary of State sends a renewal notice at least 30 calendar days before expiration, usually by email. If the license lapses, you lose the authority to solemnize marriages until a new license is issued. There is no grace period.
What You Actually Do at the Ceremony
Before the ceremony, review the couple’s marriage license and confirm it was issued by a Maine municipal clerk, hasn’t expired, and carries both parties’ signatures. During the ceremony, confirm each person’s identity and that both are willingly consenting.5Maine Center for Disease Control and Prevention. Performing a Marriage Ceremony
Two witnesses must be physically present and sign the marriage license. Witnesses do not have to be 18 or older; they simply need to be able to read, write, and understand what they are signing. You, the officiant, cannot also serve as a witness.5Maine Center for Disease Control and Prevention. Performing a Marriage Ceremony
After the ceremony, complete and sign the officiant section of the license in black ink. Even if you hold a notary commission, do not apply a notary stamp, seal, or embosser to the marriage license. On older license forms that still reference “notary public,” strike out those words and write “licensed marriage officiant (Maine resident)” in black ink.3Maine Secretary of State. Marriage Officiant Information
The completed license must be returned to the State Registrar of Vital Statistics or to the municipal clerk who issued it within 15 working days of the ceremony. Keep a copy for your own records. Anything returned after that window is flagged as a late filing.6Maine State Legislature. Maine Code Title 19-A, Chapter 23 – Marriage
No Proxy or Remote Ceremonies
Maine does not permit proxy marriages or ceremonies conducted by video call. The officiant, both parties, and both witnesses must all be physically present at the same location for the marriage to be legally valid.3Maine Secretary of State. Marriage Officiant Information Some other states allow remote officiating, but a ceremony taking place in Maine has to happen in person.