10- 146 C.M.R. ch. 6, § 5

Current through 2024-51, December 18, 2024

Section 146-6-5 - Registration

A. Responsibility ofOfficiant

1. Before beginning to solemnize a marriage, theofficiant shall insure that the license or licenses have not expired, that each license has been signed by both parties, and that the clerk(s) of the municipality or municipalities involved have signed the license or licenses authorizing the marriage to take place.

2. After the ceremony or solemnization has been completed, theofficiant shall ensure that the "ceremony" section of each original marriage certificate, and the place of marriage copies if applicable, is completed by entering all of the required information:

a. date and place of marriage

b. typed or printed name and title ofofficiant

c. dateofficiant was ordained or authorized by a religious faith to perform marriages, the date a notary public's commission expires, or the date a lawyer was admitted to the Maine Bar

d. residence and mailing address ofofficiant

e. typed or printed names of the two witnesses

f. original signatures of theofficiant and each witness.

3. The original copy of the marriage certificates, or of each marriage certificate if two are required, shall bear the original signatures of each party to the marriage, the clerk(s) who issued the license(s), theofficiant, and each of the two witnesses.

4. The officiant shall return each completed original certificate(s) to the issuing clerk(s) within 7 days following the solemnization.

5. If the marriage was solemnized in a municipality other than the place or places where the parties to the marriage reside, theofficiant shall file a copy or copies of the marriage certificate(s) with the clerk of that municipality within 7 days following the solemnization.

6. The officiant shall make and keep a personal record of every marriage he or she solemnizes.

B. Responsibility of Issuing Clerk

1. The original copy of each completed marriage certificate returned shall be registered by the municipal clerk who issued the license, provided that all information and signatures have been entered as specified in subsection A above.

2. If information or signatures are missing, the clerk shall contact theofficiant who shall obtain the needed information or signatures. If theofficiant does not respond within 21 days, the issuing clerk shall report the matter to the state registrar for investigation.

3. When satisfied that all of the requirements of law and rule have been met, the clerk shall accept the certificate for filing, sign the original certificate as the registrar and enter the date on which it is registered or filed in the municipal office.

4. The clerk shall complete the state copy of the certificate as follows:

a. The "ceremony" information shall be copied from the original to the state copy.

b. Signatures in the ceremony section of the certificate shall be indicated on the state copy by entering the typed or printed name and "/s/" to signify that original signatures are on file at the municipal office(s) where the license or licenses were initially issued.

c. The clerk shall sign and date the state copy of the certificate.

d. The state copy shall be transmitted to the state registrar as part of the next monthly report, as specified in 22 M.R.S.A. §2702(2).

5. Notwithstanding subsections 1,2, and 3 above, certificates returned to the issuing clerk without signatures of the witnesses may be accepted for filing during calendar year 1990. After December 31, 1990, certificates without the proper signatures shall be returned to theofficiant for completion before they are accepted for filing.

C. Responsibility of Place of Marriage Clerk

1. Copies of completed certificates shall be filed with the clerk of the municipality where the solemnization took place if different from the issuing municipality or municipalities.

2. If information or signatures are missing, the clerk shall contact the issuing clerk(s) and enter the needed information or signatures when available from the issuing clerk. Signatures obtained after the place of marriage copy has been received shall be indicated by entering the typed and printed name and "/s/" to signify that the original signatures are on file at the municipal office(s) where the license or licenses were initially issued.

3. The place of marriage copy shall be filed only after all required information and signatures have been obtained.

10- 146 C.M.R. ch. 6, § 5