In Maine, a notary public can marry someone, but not on the notary commission by itself. Since July 1, 2023, a Maine-resident notary who wants to solemnize weddings 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 Being commissioned as a notary is no longer enough on its own.
What Changed on July 1, 2023
Before that date, a Maine notary’s commission carried the authority to officiate weddings. The Marriage Officiant license category replaced that arrangement. Every Maine-resident notary with an active commission on July 1, 2023 automatically received a Marriage Officiant license for the remaining term of the 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
Notaries commissioned after that date do not get the license automatically. They have to apply for it separately, as do notaries who opted out and Maine residents who aren’t notaries at all.2Maine Secretary of State. Marriage Officiant Information
How to Get a Marriage Officiant License
You apply through the Secretary of State’s office. The fee is $25.2Maine Secretary of State. Marriage Officiant Information To qualify, you must:
- Be at least 18 years old
- Be a Maine resident
- Be able to read and write English
- Demonstrate an understanding of Maine’s marriage laws under Title 19-A, Chapter 23
The first three come from the statute itself; the fourth is added by the Secretary of State’s administrative rules.3Maine Secretary of State. Chapter 720 – Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine
One point many applicants miss: you don’t have to be a notary to get a Marriage Officiant license. If officiating weddings is all you want to do, the license stands on its own.
How Long the License Lasts
If you also hold a notary commission, the Marriage Officiant license runs for the same term as the commission and renews automatically when you renew the commission, unless you opt out on the renewal application. Everyone else gets a seven-year term.3Maine 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. There is no grace period. If the license lapses, you cannot solemnize marriages until a new one is issued.
Officiating as a Notary With the License
Even once you hold both credentials, the Marriage Officiant license is what gives you the authority at a wedding. The notary commission does not. A few practical consequences follow.
Do not use a notary stamp, seal, or embosser on the marriage license. If the license form still references “notary public,” strike those words out and write “licensed marriage officiant (Maine resident)” in black ink.2Maine Secretary of State. Marriage Officiant Information
Before the ceremony, check that the couple’s marriage license was issued by a Maine clerk, hasn’t expired, and carries both parties’ signatures. During the ceremony, confirm each person’s identity and that both are consenting willingly.4Maine Center for Disease Control and Prevention. Performing a Marriage Ceremony
Two witnesses must be physically present and must sign the license. They don’t have to be 18 or older; they just need to be able to read, write, and understand what they’re signing. You cannot act as a witness yourself.4Maine Center for Disease Control and Prevention. Performing a Marriage Ceremony
After the ceremony, complete and sign the officiant section in black ink. The signed license must be returned to the State Registrar of Vital Statistics or to the municipal clerk who issued it within 15 working days. Keep a copy for your own records. Anything returned after 15 working days is marked as a late filing.5Maine State Legislature. Maine Code Title 19-A, Chapter 23 – Marriage
Proxy and Video Ceremonies Don’t Count
Maine does not allow proxy marriages or ceremonies by video call. The officiant, both parties, and both witnesses have to be physically present together for the marriage to be valid.2Maine Secretary of State. Marriage Officiant Information A remote ceremony permitted in another state will not satisfy Maine’s requirements if the marriage is meant to take place in Maine.
Other Officiants Who Don’t Need This License
The Marriage Officiant license is one route among several. Resident justices and judges, and lawyers admitted to the Maine Bar who live in Maine, can solemnize marriages under their own authority. Ordained ministers, clerics, and people licensed to preach by a religious body can officiate whether or not they live in Maine or are U.S. citizens. A nonresident who doesn’t fall into any of those categories can obtain a temporary registration certificate from the Office of Data, Research and Vital Statistics to perform a single ceremony.6Maine State Legislature. Maine Code Title 19-A 655 – Persons Authorized to Solemnize Marriages For a Maine notary without one of those other credentials, though, the Marriage Officiant license is the path.