A press release from the State’s Attorney’s office via the Schock campaign:

NOTICE TO THE MEDIA

Last week our office was asked by a congressional candidate to review allegations that an opposing congressional candidate had notarized but wrongly or improperly dated a document in early 2000. Commendably, both candidates seem to agree that it would be best for any such review to be conducted and concluded as timely as possible. Accordingly, the State’s Attorney has asked me to conduct such a review and I have done so.

Any potential violation here under the Notary Public Act would be a misdemeanor called “official misconduct by a notary public”. This is not to be confused with the more common felony of Official Misconduct which involves criminal conduct during the performance of a duty in a public office (no such allegation of that has been made here).

One level of this type of misdemeanor requires the notary’s infraction to be “knowing and willful”. A lower level misdemeanor occurs if the notary’s infraction is merely “reckless or negligent”. No information is presented in this matter to show whether any of these descriptions occurred.

This area of law has its own section for extended limitations that somewhat lengthens the usual period that misdemeanors be filed within 18 months of their commission. However, under the most generous interpretation available, any such statute of limitations for filing an infraction on allegations such as these. would have expired approximately three years ago.

Therefore, this completes the review requested of our office.

Seth P. Uphoff
Assistant State’s Attorney

Case closed.