IL Notary IL-Notary Administering Oaths and Affirmations — Questions and Answers

Question 1: Under Illinois law, what is the key difference between an oath and an affirmation?

An oath invokes a deity while an affirmation is a solemn secular pledge (Correct answer)
An oath is only for court proceedings while an affirmation is for documents
An oath requires a raised right hand while an affirmation does not
An oath must be written while an affirmation may be verbal only

Correct answer: An oath invokes a deity while an affirmation is a solemn secular pledge

An oath is a solemn pledge invoking a divine being, while an affirmation is a legally equivalent secular alternative for those who object to swearing by God.

Question 2: Which document typically requires a notary to administer an oath or affirmation to the signer?

A jurat (Correct answer)
An acknowledgment
A copy certification
A signature witnessing

Correct answer: A jurat

A jurat requires the notary to administer an oath or affirmation to the signer, who swears or affirms that the contents of the document are true.

Question 3: When a person requests an affirmation instead of an oath in Illinois, a notary must:

Administer the affirmation without requiring a reason (Correct answer)
Ask why the person objects to an oath before proceeding
Refuse and direct the person to a judge
Require written documentation of the religious objection

Correct answer: Administer the affirmation without requiring a reason

Illinois notaries must honor a request for an affirmation without demanding justification, as it is a legal right of the individual.

Question 4: For a jurat to be valid in Illinois, which action by the notary is mandatory?

Personally administering the oath or affirmation at the time of signing (Correct answer)
Mailing the jurat certificate to the county clerk
Recording the document in the notary journal before signing
Collecting a witness fee from the signer

Correct answer: Personally administering the oath or affirmation at the time of signing

The notary must personally administer the oath or affirmation at the time the document is signed—this cannot be done remotely or after the fact.

Question 5: A credible witness may be used in an Illinois oath ceremony when:

The signer lacks acceptable identification (Correct answer)
The signer refuses to raise their right hand
The document exceeds ten pages
The notary is also a party to the document

Correct answer: The signer lacks acceptable identification

A credible witness personally known to the notary can vouch for the identity of a signer who cannot produce acceptable ID.

Question 6: Under the Illinois Notary Public Act, which of the following is an authorized act that includes administering oaths?

Taking depositions (Correct answer)
Issuing subpoenas
Certifying public records
Performing marriage ceremonies

Correct answer: Taking depositions

Illinois notaries are authorized to take depositions, which includes administering the oath to the deponent before their testimony is recorded.

Question 7: In Illinois, what wording must the notary use to properly close an oath administered for an affidavit?

'So help you God?' — to which the affiant replies 'I do' or 'I swear' (Correct answer)
The notary simply signs the jurat without verbal words
The notary reads the full affidavit aloud to the affiant
The notary instructs the signer to initial each page before swearing

Correct answer: 'So help you God?' — to which the affiant replies 'I do' or 'I swear'

A proper oath ceremony requires the notary to verbally pose the oath question and receive an affirmative spoken response from the affiant.

Question 8: A notary in Illinois who administers an oath but fails to actually ask the signer to swear or affirm has committed:

Official misconduct that can result in commission revocation (Correct answer)
A minor clerical error requiring only a correction
A civil infraction with a $25 fine
No violation if the document was otherwise complete

Correct answer: Official misconduct that can result in commission revocation

Executing a jurat without actually administering the oath or affirmation is official misconduct under the Illinois Notary Public Act and can result in loss of commission.

Question 9: When administering an affirmation in Illinois, the notary should use language such as:

'Do you solemnly affirm that the statements in this document are true and correct?' (Correct answer)
'Do you swear before God that this document is true?'
'I hereby certify that this affirmation has been witnessed.'
'Do you promise not to lie in this document?'

Correct answer: 'Do you solemnly affirm that the statements in this document are true and correct?'

An affirmation uses solemn language without religious invocation—the person affirms rather than swears, avoiding references to a deity.

Question 10: Can an Illinois notary administer an oath to themselves for a document in which they are the signer?

No, a notary cannot notarize their own documents or administer oaths to themselves (Correct answer)
Yes, as long as they note the conflict in the notary journal
Yes, if no other notary is available within 25 miles
Yes, for personal documents under $500 in value only

Correct answer: No, a notary cannot notarize their own documents or administer oaths to themselves

An Illinois notary is prohibited from performing any notarial act, including administering oaths, for documents in which they have a direct financial or beneficial interest.

Question 11: A person taking an oath in Illinois who makes a false statement is subject to:

Prosecution for perjury (Correct answer)
Only a civil lawsuit, not criminal charges
A $100 administrative fine payable to the Secretary of State
Revocation of their driver's license

Correct answer: Prosecution for perjury

A person who swears or affirms falsely before a notary and then makes false statements is subject to criminal perjury charges under Illinois law.

Question 12: If a signer cannot physically raise their right hand due to a disability, an Illinois notary should:

Proceed with the oath using whatever gesture or position the signer can manage (Correct answer)
Refuse to administer the oath and refer to an accessible court official
Require a physician's note before accommodating the signer
Administer an affirmation instead without asking the signer's preference

Correct answer: Proceed with the oath using whatever gesture or position the signer can manage

Raising the right hand is customary but not legally required; the notary should accommodate the signer's physical limitations and proceed with a meaningful verbal ceremony.

Question 13: An oath administered by an Illinois notary for use in federal court proceedings is:

Valid, because notaries are authorized to administer oaths for federal purposes (Correct answer)
Invalid, because only federal officers can administer oaths for federal courts
Valid only if the notary has a federal notary endorsement
Invalid unless the notary is also a licensed attorney

Correct answer: Valid, because notaries are authorized to administer oaths for federal purposes

Illinois notaries are authorized to administer oaths for various purposes including federal proceedings, as their oaths carry legal weight for affidavits and depositions used in federal court.

Question 14: Which statement about the notary's journal entry for an oath or affirmation ceremony is correct under Illinois best practices?

The journal should record whether an oath or affirmation was administered (Correct answer)
Oath ceremonies do not require journal entries, only acknowledgments do
Journal entries for oaths must be signed by a witness in addition to the signer
The notary must record the full text of the oath administered

Correct answer: The journal should record whether an oath or affirmation was administered

Best practice and the Illinois Notary Public Act recommend that the notary's journal note the type of notarial act performed, including whether the ceremony was an oath or affirmation.

Question 15: In Illinois, an 'affiant' is best defined as:

A person who signs an affidavit and swears or affirms to its truth before a notary (Correct answer)
The notary who administers an oath on an affidavit
A witness who observes an oath ceremony
A court officer who certifies affidavits for filing

Correct answer: A person who signs an affidavit and swears or affirms to its truth before a notary

An affiant is the individual who executes an affidavit by swearing or affirming to its truthfulness before an authorized officer such as a notary.

Question 16: Under Illinois law, which of the following individuals is NOT legally capable of making an oath or affirmation before a notary?

A person who is unconscious or severely incapacitated at the time (Correct answer)
A non-U.S. citizen legally present in Illinois
A convicted felon who has served their sentence
A minor who understands the nature of an oath

Correct answer: A person who is unconscious or severely incapacitated at the time

A person must be conscious, coherent, and capable of understanding the nature and obligation of the oath—an unconscious or severely incapacitated person cannot legally swear or affirm.

Question 17: When a notary administers a deposition oath in Illinois, when must the oath be given to the witness?

Before the witness begins testifying (Correct answer)
After the attorney completes direct examination
After all questions have been answered and the transcript is ready
At any point during the deposition at the attorney's request

Correct answer: Before the witness begins testifying

The oath or affirmation for a deposition must be administered before the witness gives any testimony, ensuring all statements are made under oath.

Question 18: A notary who charges a fee specifically for administering an oath in Illinois:

May charge up to the statutory maximum fee per oath (Correct answer)
May not charge any fee for oath ceremonies as they must be free
Must donate all oath fees to the Illinois Secretary of State's office
May only charge for oaths administered in county courthouses

Correct answer: May charge up to the statutory maximum fee per oath

Illinois law sets a maximum fee that notaries may charge for administering oaths and affirmations, and notaries are permitted to charge up to that statutory maximum.

Question 19: A notary is asked to administer an oath for a document that appears to contain fraudulent information. The notary should:

Refuse to administer the oath if they have reason to believe fraud is occurring (Correct answer)
Administer the oath since judging document content is not the notary's role
Administer the oath but attach a disclaimer noting suspected fraud
Contact the Secretary of State before deciding whether to proceed

Correct answer: Refuse to administer the oath if they have reason to believe fraud is occurring

A notary has the right—and duty—to refuse any notarial act they believe involves fraud, misrepresentation, or illegal activity.

Question 20: For an oath or affirmation to be legally effective in Illinois, what must be true about the signer's understanding?

The signer must understand they are making a legally binding sworn statement (Correct answer)
The signer must understand the full legal definition of perjury
The signer must have a high school diploma or equivalent education
The signer must have previously made an oath before a different notary

Correct answer: The signer must understand they are making a legally binding sworn statement

The essential requirement is that the signer understands they are making a solemn, legally binding commitment to the truth—specific legal knowledge is not required.

Question 21: Which certificate wording correctly identifies a notarial act that includes an administered oath in Illinois?

'Subscribed and sworn to (or affirmed) before me this ___ day of ___, 20___' (Correct answer)
'Acknowledged before me this ___ day of ___, 20___'
'Certified to be a true and correct copy this ___ day of ___, 20___'
'Witnessed by me this ___ day of ___, 20___'

Correct answer: 'Subscribed and sworn to (or affirmed) before me this ___ day of ___, 20___'

The phrase 'subscribed and sworn to (or affirmed) before me' is the standard jurat language indicating that an oath or affirmation was administered by the notary.

IL Notary IL-Notary Administering Oaths and Affirmations

Under Illinois law, what is the key difference between an oath and an affirmation?

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Sources & references

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ilsos.gov — Renewal, score validity, fees · verified Oct 2026
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