4.2 Acceptable Identification Documents
Key Takeaways
- Passport, driver's license, and government nondriver ID cards are the primary qualifying documents
- Any qualifying ID may be current or expired no more than 3 years before the act
- Other government IDs qualify only if they bear the individual's signature OR photograph
- The document must still be satisfactory to the notary, who may demand more
- Social Security cards, credit cards, and birth certificates never qualify alone
The Three Primary Documents
MCA 1-5-603 names three documents that automatically qualify as documentary proof of identity when they meet the currency rule:
| Document | Issuer | Currency Rule |
|---|---|---|
| Passport | U.S. or foreign government | Current or expired ≤ 3 years |
| Driver's license | Any U.S. state or jurisdiction | Current or expired ≤ 3 years |
| Government nondriver ID card | State or federal government | Current or expired ≤ 3 years |
Note that a passport and a state ID card do NOT need to display a signature -- the statute treats these named documents as qualifying on their own. The signature-or-photo requirement (below) attaches to the catch-all "other government ID" category.
The 3-Year Expiration Window
This is the single most-tested number in the chapter. Montana, unlike many states that demand a current ID, accepts an expired document so long as it has not been expired for more than three years before the notarial act.
| ID Status | Acceptable? |
|---|---|
| Current (not expired) | YES |
| Expired 1 day to 3 years | YES |
| Expired more than 3 years | NO |
Worked example: Today is 2026-06-14. A license that expired on 2024-02-01 (about 2.4 years ago) is acceptable. A license that expired on 2022-01-01 (over 3 years ago) is NOT acceptable, no matter how clearly the photo matches.
Other Government-Issued IDs
Beyond the three named documents, MCA 1-5-603 accepts any other government-issued identification only if it satisfies ALL of these:
| Requirement | Detail |
|---|---|
| Government issuer | Issued by a government entity, not a private company |
| Currency | Current or expired no more than 3 years |
| Signature OR photograph | Must contain at least one of the two |
| Satisfactory | Must satisfy the individual notary |
Common qualifying examples: U.S. military ID, tribal ID, permanent resident ("green") card, foreign national ID card, and government-issued student IDs.
What Never Qualifies on Its Own
| Document | Why It Fails |
|---|---|
| Social Security card | No photo AND no signature requirement met as government photo ID |
| Credit or debit card | Not government-issued |
| Birth certificate | No photograph of the adult signer |
| Library or club card | Not government-issued |
| Any ID expired > 3 years | Outside the statutory window |
ID Inspection Checklist
When a document is presented, run this quick scan before relying on it:
- Photo matches the living person in front of you.
- Name matches the name on the document to be notarized.
- Expiration date falls within current-or-3-years.
- Signature (where present) appears consistent.
- Security features (holograms, microprint, UV elements) look authentic.
- No tampering -- no peeling lamination, mismatched fonts, or altered data.
Handling Name Discrepancies
A frequent real-world snag is a mismatch between the name on the ID and the name on the document. A signer named on a deed as "Elizabeth A. Carter" who presents a license reading "Beth Carter" or "Elizabeth Anne Carter-Smith" forces a judgment call. The notary must be reasonably certain the person on the ID is the same person named in the document. A nickname or a missing middle initial is usually reconcilable; a different surname (after marriage or divorce) often is not, without supporting documentation or a credible witness.
The safe practice is to notarize using the name as it appears on the ID, or to decline until the discrepancy is resolved. The exam rewards the cautious choice -- never "just write whatever the document says."
Foreign and Tribal Documents
Montana's acceptance of "any state" driver's licenses and U.S. or foreign passports matters for a state with significant cross-border traffic and seven federally recognized tribal nations. A foreign passport that is current or expired no more than three years qualifies as a named document. A tribal ID falls under the "other government-issued ID" category and must therefore bear the individual's signature or photograph and satisfy the notary. The same is true of a permanent resident card.
When a document is in a language the notary cannot read, the safest approach is to rely on the photo, the romanized name fields, and the machine-readable zone, and to demand a second qualifying ID if anything is unclear.
Worked Scenario: Multiple Documents
A signer offers a Social Security card and a credit card, insisting that "together they prove who I am." Neither qualifies: the Social Security card is not a government photo ID under the statute, and the credit card is not government-issued at all. Stacking two non-qualifying documents does not create one qualifying document. The notary must request a passport, driver's license, government nondriver ID, or another qualifying government ID -- or fall back to a credible witness. This is a favorite exam trap precisely because it feels reasonable in everyday life.
On the Exam
- 3-year rule: the headline number -- expired up to 3 years is fine.
- Named documents (passport, license, nondriver ID) qualify without a separate signature test.
- Other government IDs need signature OR photo, never "both" as a requirement.
- Notary discretion survives a technically valid ID -- more proof can still be demanded.
On 2026-06-14, a signer presents a driver's license that expired on 2023-09-01. May the notary accept it as documentary proof of identity?
Which statement about the signature-or-photograph requirement is correct under Montana law?