Secretary of State of South Carolina

As a British colony, the Province of South Carolina had a secretary of the colony appointed by its lords proprietors. The officer was responsible for recording acts of the colony's governor, maintaining the records of the Council of State, writing commissions, and recording land patents. After 1720, the office was filled by appointment of the British Crown.{{sfn|Whitney|1969|p=45}} Under South Carolina's 1776 constitution, a Secretary of the Colony was elected by the South Carolina General Assembly and Legislative Council. Two years later, the state adopted a new constitution which required the secretary to be elected by the General Assembly to a term of two years and to maintain copies of all state laws. The state's 1790 constitution extended the incumbent's terms to four years but barred consecutive terms.{{sfn|History of Secretary of State's Office|2019|p=2}} The document also required the secretary to maintain offices both in the capital of Columbia and the city of Charleston, with the one located in the city in which they did not reside to be regularly staffed by a deputy.{{sfn|Graham|2011|pp=113–114}} In 1868, South Carolina adopted a new constitution which removed the prohibition on consecutive terms and required the secretary to countersign all state grants and commissions and to certify the election of the governor and lieutenant governor. In 1895, South Carolina adopted another constitution which stipulated that the secretary was to be popularly-elected.{{sfn|History of Secretary of State's Office|2019|p=3}}

Article VI of the Constitution of South Carolina provides for the election of a secretary of state.{{sfn|Graham|2011|p=40}} The Secretary of State is responsible for filing the registrations of businesses, nonprofit corporations, limited partnerships, limited liability partnerships within South Carolina. The secretary also maintains records of state trademarks, permits statewide cable franchises, and serves as the agent for service of process for companies' not permitted to operate in South Carolina. The secretary is tasked with overseeing the escheatment of real property in the state and regulating charitable organizations, fundraisers, and employment agencies.

In addition to their business-related responsibilities, the secretary also oversees various municipal affairs, including the incorporation of municipalities and special purpose districts and municipal annexations. They are empowered to revoke a municipality's incorporation if the municipality does not deliver any services, does not collect revenue, and fails to hold elections for its officials within four years.{{sfn|Graham|2011|p=163}} The secretary commissions and maintains a list of all notaries public in the state{{sfn|Secretary of State Accountability Report|2021|p=9}} and issues commissions to elected officials and gubernatorial appointees.{{Cite web|url=https://sos.sc.gov/about-us|title=About Us|publisher=Office of the South Carolina Secretary of State|access-date=June 8, 2023}} The secretary collects an annual salary of $135,000.{{cite web |last1=Budds |first1=Becky |title=Pay raises for 6 South Carolina elected officials are coming in January |url=https://www.wltx.com/article/news/politics/pay-raises-six-sc-elected-officials/101-8de3afde-7474-4d65-9d9b-3b0b4f56ca18 |website=News19|publisher=WLTX-TV|date=November 11, 2022|access-date=20 November 2022}}

The Office of Secretary of State is led by the secretary of state, followed by the deputy secretary, a general counsel, and a deputy general counsel.{{sfn|Secretary of State Accountability Report|2021|p=12}} As of April 30, 2023, it is staffed by 32 employees.{{cite web| url = https://www.admin.sc.gov/download/ohr/State%20Employees%20by%20Agency.pdf| title = Employees by agency| date = April 30, 2023| publisher = South Carolina Department of Administration| access-date = June 8, 2023}} It is organized into eight divisions: Business Filings; Trademarks; Charities; Notaries, Boards and Commissions; Service of Process; Municipalities; and Information Technology.{{sfn|Secretary of State Accountability Report|2021|pp=3–4}}

The Business Filing Division is accountable for filings for business corporations, nonprofit corporations, limited liability companies, limited partnerships, and limited liability partnerships.{{cite web|title=South Carolina Secretary of State 2009 - 2010 Accountability Report|url=http://www.scstatehouse.gov/reports/aar2010/e08.pdf|access-date=21 July 2012}}

The Uniform Commercial Code is another responsibility of the Business Filings Division, this Code conducts the laws of commercial transactions. This includes the sale of goods, commercial paper, bank deposits and collections, letters of credit, bulk transfers, bills of lading and investment securities.{{cite web|title=UCC Filings|url=http://www.sos.sc.gov/Business_Filings/UCC_Filings_-_General_Information|access-date=24 July 2012}}

The Trademarks Division maintains a list of all registered trademarks in South Carolina and assists law enforcement in the seizing of any forged goods.{{sfn|Secretary of State Accountability Report|2021|p=9}}

The Public Charities Division registers charities and fundraisers within the state, reviews their annual financial reports, and investigates procesuctes violations of the state law governing charitable solicitation.{{sfn|Secretary of State Accountability Report|2021|p=7}}

The Notaries Division maintains apostilles and is responsible for all notary public applications. This division handles all filings for state boards and commissions. A notary is commissioned with a certificate signed by the secretary of state.{{cite web|title=South Carolina Notary Public Reference Manual|url=http://www.statelibrary.sc.gov/scedocs/Se25/000848.pdf|access-date=24 July 2012}} The secretary of state has the authority to verify the signature of any official filed within the office.{{cite web|title=Notaries and Apostilles|url=http://www.sos.sc.gov/Notaries_and_Apostilles/Apostilles}}

The Information Technology Division is responsible for maintaining the office's online services and cybersecurity.{{sfn|Secretary of State Accountability Report|2021|pp=4–5}}

{{Reflist}}

• {{cite book| last = Graham| first = Cole Blease Jr.| title = The South Carolina State Constitution| publisher = Oxford University Press| edition = revised| date = 2011| location = | isbn = 9780199877720}}
• {{Citation| title = History of Secretary of State's Office | publisher = South Carolina House of Representatives Oversight Committee| date = 2019| url = https://www.scstatehouse.gov/CommitteeInfo/HouseLegislativeOversightCommittee/AgencyWebpages/SecretaryofState/History%20-%20SoS.pdf| ref = {{harvid|History of Secretary of State's Office|2019}}}}
• {{Citation| title = Secretary of State Fiscal Year 2020–2021 Accountability Report| publisher = Office of the South Carolina Secretary of State| date = 2021| url = https://www.scstatehouse.gov/reports/aar2021/E080.pdf|ref={{harvid|Secretary of State Accountability Report|2021}}}}
• {{cite book| last = Whitney| first = Edson L.| title = Government of the Colony of South Carolina| publisher = Negro Universities Press | date = 1969| location = New York| lccn = 69-16559}}

{{South Carolina statewide elected officials}}