4.1 Acceptable Identification Documents
Key Takeaways
- Satisfactory evidence of identity requires a current government-issued ID with photo, signature, and physical description
- A properly stamped passport is satisfactory even without a written physical description
- Any expired identification is unacceptable, regardless of how recently it lapsed
- Non-government cards (Social Security, credit, employee, most student IDs) cannot establish identity
- The notary must personally compare the photo and physical description to the signer who is present
Satisfactory Evidence of Identity
Nebraska law requires a notary public to establish a signer's identity by satisfactory evidence before performing a notarial act. The statutory definition is exact: identification based on satisfactory evidence means at least one document issued by a government agency that is current and that bears the photographic image of the individual's face, the individual's signature, and a physical description of the individual. There is one carve-out: a properly stamped passport is satisfactory evidence even though it lacks a written physical description.
This matters because Nebraska notaries do not screen the truthfulness of a document. Their single identity job is to be reasonably certain the person signing is who they claim to be. Accepting a deficient ID is the most common way a commission is suspended or revoked.
The Three-Part Test
Every acceptable ID (other than a passport) must satisfy all three elements. Miss one and the ID fails.
| Element | Requirement | Common failure |
|---|---|---|
| Photograph | Image of the signer's face | Social Security card has none |
| Signature | Signer's signature on the card | Many warehouse/club cards omit it |
| Physical description | Height, weight, eye color, DOB, etc. | Credit cards have none |
| Government-issued | Issued by a government agency | Employer and school IDs fail |
| Current | Not expired on the date of the act | Lapsed license fails |
Primary Acceptable IDs
| ID type | Why it qualifies |
|---|---|
| Nebraska or out-of-state driver's license | Government photo, signature, description |
| State-issued non-driver ID card | Same three elements |
| U.S. passport / passport card | Passport exempt from written description |
| U.S. military ID (CAC) | Government photo ID with description |
| Tribal or federal agency photo ID | Government-issued with required elements |
| Foreign passport (properly stamped) | Statute does not limit "passport" to U.S. |
IDs That Fail
| Unacceptable item | Disqualifying defect |
|---|---|
| Social Security card | No photo, not a valid ID document |
| Credit/debit card | Not government-issued, no description |
| Employee badge | Not government-issued |
| Most student IDs | Not government-issued |
| Library card | No photo or description |
| Any expired ID | Not current |
How to Examine the Document
- Check the expiration date first — an expired card ends the inquiry immediately.
- Compare the photo to the person physically in front of you.
- Match the physical description (height, eye color, DOB) to what you observe.
- Inspect security features — holograms, microprint, UV elements, raised lettering.
- Look for tampering — mismatched fonts, peeling lamination, altered numbers.
Worked Example
A signer hands you a driver's license that expired two weeks ago but whose photo clearly matches him. You must decline — "current" is a bright-line rule with no two-week grace period. Offer the signer an alternative path: return with an unexpired ID, or proceed using credible witnesses (covered in 4.2).
Why the Three Elements Exist
Each element defends against a different fraud. The photograph stops an impostor who happens to know the signer's data. The signature lets you compare the card signature against the document signature in front of you. The physical description (height, eye color, date of birth) catches a stolen card whose photo is grainy or dated — if the card says the holder is five feet tall with brown eyes and the person before you is six feet with blue eyes, the ID does not match the signer even if the name lines up.
This is why a Social Security card, which has none of these, can never identify anyone: it proves a number exists, not that the person holding it owns it.
Out-of-State and Tribal IDs
Nebraska does not require the government ID to be a Nebraska credential. A current driver's license from another state, a tribal photo ID, or a federal agency photo ID all qualify so long as they carry the photo, signature, and physical description. The issuing body must be a government agency — the test is the issuer, not the geography. A signer who recently moved to Omaha and still carries a valid Iowa or Kansas license can be identified normally.
Decision Walkthrough
Think of acceptance as a short gate sequence. First, is it government-issued? If no, stop. Second, is it current? If expired, stop. Third, does it bear photo, signature, and physical description (or is it a properly stamped passport)? If an element is missing, stop. Fourth, does the photo and description match the live person, with intact security features and no tampering? Only when every gate passes do you proceed; otherwise you turn to the alternative methods in Section 4.2.
Common Traps
- "It only just expired." Recency is irrelevant; expired equals unacceptable.
- A passport with a torn or removed stamp. It must be properly stamped to qualify under the passport exception.
- A photocopy or photo of an ID. You must inspect the physical credential in person.
- An ID for someone else. The name and signature must be the signer's own.
- A warehouse-club or gym card with a photo. A photo alone does not make it government-issued, and it lacks a physical description.
Which document is satisfactory evidence of identity even though it lacks a written physical description?
A signer presents a driver's license that expired two weeks ago. What should the notary do?