Secretary of state (U.S. state government)

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 Day procedures falls on the secretary of state. The exceptions are Alaska, Delaware, Hawaii, Illinois, Maryland, New York, North Carolina, Oklahoma, South Carolina, Utah, Virginia and Wisconsin.^[6]

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 liens 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 partnerships and corporations) 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^[7]) 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 marriages, birth certificates, 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 to make decisions as to where the state seal shall be affixed, whether it be onto legislation, state contracts, or other official documents.

Those states which have address confidentiality programs 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 doctors, plumbers, cosmeticians, general contractors, and, in at least two states, ministers (to perform marriages). 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 licenses, motor vehicle registrations, and collecting motor vehicle taxes. In many other states, these duties fall under an organization such as departments of motor vehicles, transportation, or 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.^[8]

Several states grant a technical statutory authority to the secretary of state in the realm of pardons 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^[9] and Nebraska,^[10] 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^[11] 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.^[12] In Maine, this duty only applies to primary elections.^[13]

Unique responsibilities

Several states have given their secretary of state at least one responsibility that is shared by no other state's secretary:

• In Delaware, the Secretary of State is the official responsible for handling the Delaware Commission of Veterans Affairs.^[14]
• In Indiana, the Secretary of State is responsible for the regulation of auto dealerships.^[15]
• In New Jersey, the Secretary of State is in charge of enhancing and building awareness of ethnic diversity. Other duties include promoting volunteerism and literacy.^[16]
• In New York, the Secretary of State is charged with oversight of the state's thousands of cemeteries.^[17] The secretary is also responsible for coastal issues arising under the federal Coastal Zone Management Act.
• In North Dakota, 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.^[18]
• In Oregon, the Secretary of State is also the Chief Auditor of Public Accounts.^[19]
• In South Carolina, the Secretary of State is in charge of cable television franchises.^[20]
• In South Dakota, the Secretary of State is the authority for issuance of concealed weapon permits.^[21]
• In Puerto Rico, 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.