Yes — a notary can marry someone in South Carolina, and the ceremony can take place anywhere in the state. The South Carolina Secretary of State’s office confirms that notaries qualify as “officers authorized to administer oaths,” one of the four categories of people the state’s marriage statute allows to solemnize a wedding.1SC Secretary of State. Notary Public Reference Manual That is unusual. Notaries in most other states cannot officiate weddings at all, but South Carolina’s statute is worded broadly enough to include them.
Why a South Carolina Notary Can Officiate
South Carolina law limits wedding officiants to four categories: ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in the state, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage Notaries fit into the third category. Under Title 26 of the South Carolina Code, administering oaths and affirmations is one of a notary’s core functions.3South Carolina Legislature. South Carolina Code Title 26 Chapter 1 – Notaries Public and Acknowledgments Because they are public officers with explicit oath-administering authority, they fall squarely within the marriage statute’s language.
A South Carolina notary’s jurisdiction covers the entire state, so a notary commissioned in Charleston can officiate a wedding in Greenville, Beaufort, or anywhere else inside South Carolina.3South Carolina Legislature. South Carolina Code Title 26 Chapter 1 – Notaries Public and Acknowledgments
What the Commission Does Not Cover
A South Carolina notary commission has no force outside South Carolina. A notary commissioned here cannot officiate a wedding in North Carolina, Georgia, or any other state unless that state’s own laws independently grant notaries the same power.1SC Secretary of State. Notary Public Reference Manual If you want a destination wedding across the state line, you will need an officiant authorized under that state’s rules.
The License Has to Come First
Before a notary can perform the ceremony, the couple needs a marriage license. Both parties appear together at a probate court (or in Darlington and Georgetown counties, the clerk of court) and file a sworn written application covering their full names, ages, and places of residence.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage A mandatory 24-hour waiting period runs between the application and license pickup, so build that into your timeline. Once issued, the license does not expire.4Horry County. Marriage License Fees generally fall in the $50 to $150 range depending on the county.
Performing a ceremony without a valid license first is a criminal offense for the officiant. Conviction carries a fine of $25 to $100 or 10 to 30 days in jail. The marriage itself is not voided by the missing license — the statute specifically says the absence of a license does not render the marriage illegal — but the penalty falls on the notary who skipped the step.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage
Returning the License After the Ceremony
The officiant who performs the ceremony is legally responsible for returning the completed marriage license to the probate judge or clerk of court who issued it. That filing is what creates the official marriage record. A notary agreeing to officiate should treat this as part of the job, not an afterthought, because the couple’s legal paper trail depends on it.
Becoming a Notary to Officiate a Wedding
If you are reading this because a friend or family member asked you to officiate, becoming a South Carolina notary is straightforward. Notaries are appointed by the Governor and commissioned by the Secretary of State. You need to be a registered South Carolina voter, complete an application that includes taking the oath of office from the state constitution, and pay a $25 application fee.1SC Secretary of State. Notary Public Reference Manual The application goes through your county’s legislative delegation office, which verifies your voter registration before forwarding it to the Secretary of State. Once commissioned, you must enroll with the Clerk of Court in your county within 15 days, though there is no penalty for enrolling late.
The timeline matters if you have a wedding date on the calendar. Start the application well in advance so the commission is in hand before the couple picks up their license.