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Appointment & Qualifications

A former notary let the commission expire while serving in the armed forces and reapplies 10 months after an honorable discharge. Which statement is most accurate?

A

The applicant must automatically retake the exam because the six-month reappointment window has passed.

B

The Secretary of State may waive the qualifying requirements if the application is made within one year after discharge under qualifying conditions.

C

The applicant is barred because military service never affects reappointment rules.

D

The applicant may be reappointed only if a county clerk requests it.

Official source: Notary Public License Law (March 2026)

Reference: Executive Law §130

Source checked September 7, 2026

✓

Correct Answer

B. The Secretary of State may waive the qualifying requirements if the application is made within one year after discharge under qualifying conditions.

Detailed Explanation

Military-service reappointment is a specific waiver rule. Executive Law §130 allows the Secretary of State to waive qualifying requirements when a former notary reapplies within one year after qualifying military discharge. Unlike the ordinary six-month reappointment window, this is a separate military-related exception.

Appointment & Qualifications Question #452
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