Secretary of State (U.S. state government)
Encyclopedia
Secretary of State is an official in the state government
s of 47 of the 50 states of the United States
, as well as Puerto Rico
and other U.S. possessions. In Massachusetts
, Pennsylvania
, and Virginia
, this official is called the Secretary of the Commonwealth. In the states of Alaska
, Hawaii
, and Utah
, there is no Secretary of State; in those states many duties that a Secretary of State might normally execute fall within the domain of the Lieutenant Governor
. Like the Lieutenant Governor, in most states the Secretary of State is in the line of succession
to succeed the governor, in most cases immediately behind the Lieutenant Governor. In three states with no Lieutenant Governor; Arizona
, Oregon
and Wyoming
, the Secretary of State is first in the line of succession in the event of a gubernatorial vacancy.
Currently, in 35 states, such as California
, Illinois
, and Mississippi
, the Secretary of State is elected, usually for a four-year term. In others, the Secretary of State is appointed by the governor
; Florida
, Oklahoma
, and Texas
are amongst the states with this practice. In three states, the Secretary of State is elected by the state legislature; the General Assembly
of Tennessee
meets in joint convention to elect the Secretary of State to a four-year term, and the Maine Legislature
and New Hampshire General Court
also select their Secretaries of State, but to two-year terms. The longest serving state Secretary of State in history was Thad A. Eure
of North Carolina
, who served from 1936 until 1989.
Most Secretaries of State or those acting in such capability (with the exception of Wisconsin and Hawaii) belong to the National Association of Secretaries of State
.
. However, in many cases responsibilities have been added by statute
or executive order.
procedures falls on the secretary of state.
Florida is one of the many states for which this is true, and for this reason Florida Secretary of State
Katherine Harris
became one of the few state secretaries of state to become well-known during the Florida election recount
.
In the vast majority of states, the secretary of state is also responsible for the administration of the Uniform Commercial Code
, an act which provides for the uniform application of business contracts and practices across the United States, including the registration of lien
s on personal property
. Hand in hand with this duty, in most states the Secretary of State is responsible for state trademark
registration and for chartering businesses (usually including partnership
s and corporation
s) that wish to operate within their state. Accordingly, in most states, the secretary of state also maintains all records on business activities within the state. And in some states, the secretary of state has actual wide-ranging regulatory authority over businesses as well.
In addition to business record, the secretary of state's office is the primary repository of official records in perhaps a majority of states. This includes in most states the official copies of state documents including the actual official copy of the state constitution (and in Delaware
, the state-owned copy of the United States Bill of Rights
) formal copies of legislative acts enacted into law, executive orders issued by the governor, and regulations and interpretations of statutes issued by state regulatory agencies. In at least a half-dozen states, this record keeping authority extends to civil acts
, such as marriage
s, birth certificate
s, and adoption
and divorce
decrees. Many states also require the Secretary of State's office to also maintain records of land transactions and ownership.
In at least 35 states, the Secretary of State is also responsible for the administration of notaries public
. And almost all states also designate (almost always in the state constitution itself) that the Secretary of State shall be the "Keeper of the Great Seal
" of the state. Ostensibly this requires the Secretary of State to make decisions as to where the state seal shall be affixed, whether it be onto legislation, state contracts, et cetera.
Those states which have address confidentiality program
s often place the Secretary of State in charge of administering them.
s, plumber
s, cosmetician
s, general contractor
s, and, in at least two states, ministers (to perform marriage
s). In Nevada
, Pennsylvania
, and West Virginia
, the Secretary of State must clear anyone who wishes to act as a sports agent
for a professional athlete.
In several states (including Indiana
, Mississippi
, Massachusetts
, and Wyoming
), the Secretary of State is responsible for oversight of the securities industry
.
In Illinois
, Maine
, and Michigan
, the Secretary of State is in charge of the issuance of driver's license
s, motor vehicle registrations, and collecting motor vehicle taxes. In many other states, these duties fall under an organization such as the Department of Motor Vehicles, the Department of Transportation, or the State Police.
In several states the Secretary of State is also in charge of monitoring the activities of lobbyists. While some might regard this as a natural extension of the role as chief elections officer, the Secretary of the Commonwealth of Virginia
, who is not in charge of elections in that state, is nonetheless responsible for regulating lobbying.
In about five states, the Secretary of State is the official in charge of the official state museum
. In some of these states, and also some states without official museums, the Secretary of State is designated as the official with responsibility for maintenance of the state’s historical records.
A few states put the Secretary of State in charge of the use of public property. In most cases this means only public buildings (usually the state capitol building), but in Mississippi
it also includes some lands that are legally defined as belonging to the state, such as tidelands
.
Several states grant a technical statutory authority to the Secretary of State in the realm of pardon
s and commutations. In most cases this is nothing more than the responsibility to affix the state seal
upon the governor's proclamation. However, in Delaware
and Nebraska
, the Secretary of State sits on a Board of Pardons with the Governor, and the Secretary of State commands equal authority with the Governor in any pardoning decisions that are issued.
Since the early 1980s, many states have increased efforts to develop direct commercial relations with foreign nations. In several of these states, the state's Secretary of State has been given primary responsibility in this area. Despite this, there should be no confusion of the duties of a particular state's Secretary of State and those of the United States Secretary of State
. The prohibition of the United States Constitution
against individual states having diplomatic relations
with foreign states is absolute; these recently-evolved duties are of a purely commercial nature.
In Maine
and California
, in the event of some electoral ties, it is the Secretary of State who determines the winner by drawing lots
. In California, this does not extend to primary elections, or to the elections of the Governor or the Lieutenant Governor. In Maine, this duty only applies to primary elections.
State government
A state government is the government of a subnational entity in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government...
s of 47 of the 50 states of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, as well as Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and other U.S. possessions. In Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, this official is called the Secretary of the Commonwealth. In the states of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, and Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, there is no Secretary of State; in those states many duties that a Secretary of State might normally execute fall within the domain of the Lieutenant Governor
Lieutenant governor (United States)
In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
. Like the Lieutenant Governor, in most states the Secretary of State is in the line of succession
Order of succession
An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
to succeed the governor, in most cases immediately behind the Lieutenant Governor. In three states with no Lieutenant Governor; Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
, the Secretary of State is first in the line of succession in the event of a gubernatorial vacancy.
Currently, in 35 states, such as California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, and Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, the Secretary of State is elected, usually for a four-year term. In others, the Secretary of State is appointed by the governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
; Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
are amongst the states with this practice. In three states, the Secretary of State is elected by the state legislature; the General Assembly
Tennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
meets in joint convention to elect the Secretary of State to a four-year term, and the Maine Legislature
Maine Legislature
The Maine Legislature is the state legislature of the U.S. state of Maine. It is a bicameral body composed of the lower house Maine House of Representatives and the upper house Maine Senate...
and New Hampshire General Court
New Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
also select their Secretaries of State, but to two-year terms. The longest serving state Secretary of State in history was Thad A. Eure
Thad A. Eure
Thaddeus Armie Eure was a North Carolina political figure who holds the record for longest tenure as North Carolina Secretary of State ....
of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, who served from 1936 until 1989.
Most Secretaries of State or those acting in such capability (with the exception of Wisconsin and Hawaii) belong to the National Association of Secretaries of State
National Association of Secretaries of State
The National Association of Secretaries of State , founded in 1904, is the oldest non-partisan professional organization of public officials in the United States, composed of the Secretaries of State of U.S. states and territories. Currently, all secretaries of state, including Washington D.C.,...
.
Duties
The actual duties of a state’s Secretary of State vary widely from state to state. In most states, the Secretary of State’s office is a creation of the original draft of the state constitutionState constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
. However, in many cases responsibilities have been added by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
or executive order.
Duties in most states
The most common, and arguably the most important, function held by secretaries of state is to serve as the state's chief elections official (although many states also have supervisors of elections, which are usually county elected officials). In 38 states, ultimate responsibility for the conduct of elections, including the enforcement of qualifying rules, oversight of finance regulation and establishment of Election DayElection Day (politics)
Election Day refers to the day when general elections are held. In many countries, general elections are always held on a Sunday, to enable as many voters as possible to participate, while in other countries elections are always held on a weekday...
procedures falls on the secretary of state.
Florida is one of the many states for which this is true, and for this reason Florida Secretary of State
Secretary of State of Florida
The Secretary of State of Florida is a constitutional officer of the state government of the U.S. state of Florida, established by the original 1838 state constitution....
Katherine Harris
Katherine Harris
Katherine Harris is an American Republican politician, former Secretary of State of Florida, and former member of the United States House of Representatives. Harris won the 2002 election to represent Florida's 13th congressional district in the U.S. House of Representatives. She held that post...
became one of the few state secretaries of state to become well-known during the Florida election recount
Florida election recount
The Florida election recount of 2000 was a period of vote re-counting that occurred following the unclear results of the 2000 United States presidential election between George W. Bush and Al Gore, specifically the Florida results. The election was ultimately settled in favor of George W. Bush when...
.
In the vast majority of states, the secretary of state is also responsible for the administration of the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
, an act which provides for the uniform application of business contracts and practices across the United States, including the registration of lien
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
s on personal property
Personal property
Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any...
. Hand in hand with this duty, in most states the Secretary of State is responsible for state trademark
United States trademark law
Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. As early as 1791, Thomas Jefferson proposed that the marks of sailcloth makers could be protected under the Commerce Clause, but it was not until 1870 that...
registration and for chartering businesses (usually including partnership
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
s and corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s) that wish to operate within their state. Accordingly, in most states, the secretary of state also maintains all records on business activities within the state. And in some states, the secretary of state has actual wide-ranging regulatory authority over businesses as well.
In addition to business record, the secretary of state's office is the primary repository of official records in perhaps a majority of states. This includes in most states the official copies of state documents including the actual official copy of the state constitution (and in Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, the state-owned copy of the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
) formal copies of legislative acts enacted into law, executive orders issued by the governor, and regulations and interpretations of statutes issued by state regulatory agencies. In at least a half-dozen states, this record keeping authority extends to civil acts
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, such as marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
s, birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
s, and adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
and divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
decrees. Many states also require the Secretary of State's office to also maintain records of land transactions and ownership.
In at least 35 states, the Secretary of State is also responsible for the administration of notaries public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
. And almost all states also designate (almost always in the state constitution itself) that the Secretary of State shall be the "Keeper of the Great Seal
Seal (device)
A seal can be a figure impressed in wax, clay, or some other medium, or embossed on paper, with the purpose of authenticating a document ; but the term can also mean the device for making such impressions, being essentially a mould with the mirror image of the design carved in sunken- relief or...
" of the state. Ostensibly this requires the Secretary of State to make decisions as to where the state seal shall be affixed, whether it be onto legislation, state contracts, et cetera.
Those states which have address confidentiality program
Address Confidentiality Program
An address confidentiality program allows victims of domestic violence, sexual assault, stalking or other types of crime to receive mail at a confidential address, while keeping their actual address undisclosed...
s often place the Secretary of State in charge of administering them.
Less common duties
About a dozen states give the Secretary of State the task of issuing professional licenses. This includes doctorPhysician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s, plumber
Plumber
A plumber is a tradesperson who specializes in installing and maintaining systems used for potable water, sewage, and drainage in plumbing systems. The term dates from ancient times, and is related to the Latin word for lead, "plumbum." A person engaged in fixing metaphorical "leaks" may also be...
s, cosmetician
Cosmetology
Cosmetology is the study and application of beauty treatment. Branches of specialty including hairstyling, skin care, cosmetics, manicures/pedicures, and electrology....
s, general contractor
General contractor
A general contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and communication of information to involved parties throughout the course of a building project.-Description:...
s, and, in at least two states, ministers (to perform marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
s). In Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, the Secretary of State must clear anyone who wishes to act as a sports agent
Sports agent
A sports agent procures and negotiates employment and endorsement contracts for an athlete.In return, the sports agent generally receives between 4 and 10% of the athlete's playing contract, and 10 to 20% of the athlete's endorsement contract, though these figures vary...
for a professional athlete.
In several states (including Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
), the Secretary of State is responsible for oversight of the securities industry
Securities regulation in the United States
Securities regulation in the United States is the field of U.S. law that covers various aspects of transactions and other dealings with securities...
.
In Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, and Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, the Secretary of State is in charge of the issuance of driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
s, motor vehicle registrations, and collecting motor vehicle taxes. In many other states, these duties fall under an organization such as the Department of Motor Vehicles, the Department of Transportation, or the State Police.
In several states the Secretary of State is also in charge of monitoring the activities of lobbyists. While some might regard this as a natural extension of the role as chief elections officer, the Secretary of the Commonwealth of Virginia
Secretary of the Commonwealth of Virginia
The Secretary of the Commonwealth is a member of the Virginia Governor's Cabinet. The office is currently held by Janet Polarek.-Duties of the Secretary of the Commonwealth:# Serving as the Keeper of the Seal of the Commonwealth...
, who is not in charge of elections in that state, is nonetheless responsible for regulating lobbying.
In about five states, the Secretary of State is the official in charge of the official state museum
Museum
A museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...
. In some of these states, and also some states without official museums, the Secretary of State is designated as the official with responsibility for maintenance of the state’s historical records.
A few states put the Secretary of State in charge of the use of public property. In most cases this means only public buildings (usually the state capitol building), but in Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
it also includes some lands that are legally defined as belonging to the state, such as tidelands
Tidelands
Tidelands are the territory between the high and low water tide line of sea coasts, and lands lying under the sea beyond the low-water limit of the tide, considered within the territorial waters of a nation. The United States Constitution does not specify whether ownership of these lands rests with...
.
Several states grant a technical statutory authority to the Secretary of State in the realm of pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s and commutations. In most cases this is nothing more than the responsibility to affix the state seal
State seal
State seal may refer to one of the following:*One of Seals of the U.S. states*One of State seals of Russian Empire...
upon the governor's proclamation. However, in Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
and Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, the Secretary of State sits on a Board of Pardons with the Governor, and the Secretary of State commands equal authority with the Governor in any pardoning decisions that are issued.
Since the early 1980s, many states have increased efforts to develop direct commercial relations with foreign nations. In several of these states, the state's Secretary of State has been given primary responsibility in this area. Despite this, there should be no confusion of the duties of a particular state's Secretary of State and those of the United States Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
. The prohibition of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
against individual states having diplomatic relations
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
with foreign states is absolute; these recently-evolved duties are of a purely commercial nature.
In Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
and California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, in the event of some electoral ties, it is the Secretary of State who determines the winner by drawing lots
Sortition
In politics, sortition is the selection of decision makers by lottery. The decision-makers are chosen as a random sample from a larger pool of candidates....
. In California, this does not extend to primary elections, or to the elections of the Governor or the Lieutenant Governor. In Maine, this duty only applies to primary elections.
Unique responsibilities
Several states have given their Secretary of State at least one responsibility that is shared by no other Secretary of State:- In DelawareDelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, the Secretary of State is the official responsible for handling the Delaware Commission of Veterans Affairs. - In IndianaIndianaIndiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, the Secretary of State is responsible for the regulation of auto dealerships. - In New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, the Secretary of State is in charge of enhancing and building awareness of ethnic diversityMulticulturalismMulticulturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...
. Other duties include promoting volunteerism and literacyLiteracyLiteracy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
. - In New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, the Secretary of State is charged with oversight of the state's thousands of cemeteriesCemeteryA cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
. The Secretary is also responsible for coastal issues arising under the federal Coastal Zone Management ActCoastal Zone Management ActThe Coastal Zone Management Act of 1972 is an Act of Congress passed in 1972 to encourage coastal states to develop and implement coastal zone management plans...
. - In North DakotaNorth DakotaNorth Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, in the event of a tie in any election for the state legislature, it is the Secretary of State who tosses the coin to determine the winner. - In South CarolinaSouth CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, the Secretary of State is in charge of cable televisionCable televisionCable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...
franchises. - In South DakotaSouth DakotaSouth Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, the Secretary of State is the authority for issuance of concealed weapon permits. - In Puerto RicoPuerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, by statute, the Secretary of State chairs the Governor's Advisory Council on Executive Branch Reorganization and Modernization, which drafts the reorganization plans that the Governor submits to the Legislature for approval.
See also
- National Association of Secretaries of StateNational Association of Secretaries of StateThe National Association of Secretaries of State , founded in 1904, is the oldest non-partisan professional organization of public officials in the United States, composed of the Secretaries of State of U.S. states and territories. Currently, all secretaries of state, including Washington D.C.,...
- Rotating Regional Primary SystemRotating Regional Primary SystemThe Rotating Regional Primary System is a proposed system for reform of the United States presidential primary process. Under the plan, the country would be divided into four regions...
- State attorney generalState Attorney GeneralThe state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
- State TreasurerState TreasurerIn the state governments of the United States, 49 of the 50 states have the executive position of treasurer. Texas abolished the position of Texas State Treasurer in 1996....
Further reading
- Jocelyn F. Benson. State Secretaries of State: Guardians of the Democratic Process (Ashgate Publishing Company; 2010) 156 pages; A study of state-level secretaries of state that focuses on their role as supervisors of elections.
External links
- Listing of websites for all 47 Secretaries of State., via statelocalgov.net
- Listing of all Secretary of State corporate search pages, via SecStates.com