03/17/2025
Signing official documents via "auto pens" has been in the news recently. Just today, the White House questioned its legality.
Allow me to help separate fact from fiction.
Presidents and other politicians have long used autopens to sign documents, with President Gerald Ford being among the first to admit it.
President Barack Obama signed a bill remotely with autopen in 2011, pointing to a George Bush Jr. White House legal team memo that said the President could sign something “by directing another to affix one’s name or seal to the document in one’s presence.”
As Bloomberg notes, the Justice Department also held in 1929 that “neither the Constitution nor statute prescribed the method by which executive clemency shall be exercised or evidenced. It is wholly for the president to decide.”
Finally, most (if not all) states and the federal government have statutes authorizing electronic signatures. Companies like DocuSign would not exist but for such laws.
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