A person appears before a proper officer and asks that an oath or affidavit be administered. The officer simply refuses without lawful reason. According to the booklet note “Notary must officiate on request,” what is the exam-safe answer?

Detailed Explanation

The booklet treats refusal as criminally significant. Under the note “Notary must officiate on request,” the Penal Law discussion tied to §195.00 says an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and refusal is a misdemeanor. Importantly, this is different from a lawful refusal when statutory requirements for the act are not met.