By Josh Sharp & Owen Irwin, Government Relations
One of the more recent changes to the IPA’s bylaws was the adoption of a uniform certificate of publication. The certificate of publication is contemplated and required according to Illinois’ law. It’s actually the first section of the Notice by Publication Act:
(715 ILCS 5/1) (from Ch. 100, par. 1)
Sec. 1. When any notice shall be required by law, or the order of court, or by any contract, to be published in any newspaper, and no other mode of proving the same is provided, the certificate of the publisher, by himself or his authorized agent, with a written or printed copy of such notice annexed, stating the number of times which the same shall have been published, and the dates of the first and last papers containing the same, shall be sufficient evidence of the publication therein set forth. The certificate shall also contain the further certificate of the publisher, by himself or his authorized agent, stating that the newspaper is a newspaper as hereinafter defined.
The certificate of publication is integral to the public notice process. It provides, as sworn affidavit, evidence to a court or unit of local government that a notice was actually published in a newspaper. In some legal proceedings, newspaper publishers have even been called on to testify that proper notification was given via their newspaper.
Unfortunately, some newspapers are not including legally required information in the text of their certificate. There have also been issues between newspapers about where a publication is “published” or “circulated.” To help alleviate some of those problems, the IPA developed a uniform and required certificate of publication for its members to use. Use of this certificate became effective, as condition of membership, on January 1, 2018. The IPA is asking all members to begin using this Certificate of Publication as soon as possible.
To download the required official certificate of publication for IPA members, please click here. One other note about certificates – they DON’T have to be notarized. For some newspapers this has become an extra level of delay or expense as they wait to issue certificates until they can be notarized. All that’s required by law is the signature of the publisher or their authorized agent.