secretary of state (U.S. state government)

The actual duties of a 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 constitution. However, in many cases responsibilities have been added by statute or executive order.

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, the ultimate responsibility for the conduct of elections, including the enforcement of qualifying rules, oversight of financial 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.{{cite web | url=https://ballotpedia.org/State_election_agencies | title=State Election Agencies | publisher=Ballotpedia | access-date=6 August 2016}}

Florida is one of the many states for which this is true, and for this reason, during the 2000 Florida election recount, Florida secretary of state Katherine Harris became one of the few state secretaries of state to become well known nationally.

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 records, 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[http://www.state.de.us/sos/dpa/default.shtml Delaware Secretary of State]) 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.

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.{{cite web |url=http://www.sos.state.ms.us/PublicLands/Tidelands/ |url-status=dead |archive-url=https://web.archive.org/web/20020730022904/http://www.sos.state.ms.us/PublicLands/Tidelands/ |archive-date=2002-07-30 |title=Public Trust Tidelands}}

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{{cite web |url=http://www.state.de.us/sos/pardhome.shtml |title = Delaware.gov - Official Website of the State of Delaware}} and Nebraska,{{Cite web|url=http://www.pardons.state.ne.us/faq.html|title=Nebraska Board of Pardons|date=18 March 2020}} 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 ConstitutionArt 1 Sec 10(3): "No State shall, without the consent of Congress,...enter into any agreement or compact...with a foreign power" 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.[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=15001-16000&file=15650-15654 California Elections Code 15651] {{webarchive|url=https://web.archive.org/web/20090731213527/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=15001-16000&file=15650-15654 |date=2009-07-31 }} In Maine, this duty only applies to primary elections.[http://www.mainelegislature.org/legis/statutes/21-A/title21-Asec732.html Maine Statute]

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

• In California, consenting adults can enter into a domestic partnership by registering with the secretary of state.{{Cite web|title=Registries {{!}} California Secretary of State|url=https://www.sos.ca.gov/registries|access-date=March 4, 2021}}
• In Connecticut, becoming a moderator for political debates requires a license from the secretary of state.{{Cite web|title=Moderator's Certification {{!}} Office of the Secretary of State of Connecticut|url=https://portal.ct.gov/SOTS/Election-Services/Navigation-Pages/Moderators-Certification|archive-url=https://web.archive.org/web/20171021040905/http://portal.ct.gov/SOTS/Election-Services/Navigation-Pages/Moderators-Certification|url-status=dead|archive-date=October 21, 2017|access-date=March 4, 2021}}
• In Colorado, performing arts societies are required to file certain information with the secretary of state.{{Cite web|title=Performing Rights Socieites {{!}} Colorado Secretary of State|url=https://www.sos.state.co.us/pubs/performingRights/index.html|access-date=March 4, 2021}}
• In Delaware, the secretary of state oversees the Delaware Office of Veterans Services.{{Cite web|title=Mission of Office of Veterans Services {{!}} Office of Veterans Services|url=https://vets.delaware.gov/office-veterans-services-mission/|access-date=March 4, 2021}}
• In Illinois, the secretary of state is ex officio Clerk of the Court of Claims.{{Cite web|title=Court of Claims {{!}} Illinois Secretary of State|url=https://www.cyberdriveillinois.com/departments/court_of_claims/home.html|access-date=March 4, 2021}} In addition, the secretary of state is responsible for the enforcement of state motor vehicle theft statutes and the regulation of the automotive industry.{{Cite web|title=Secretary of State Police {{!}} Illinois Secretary of State|url=https://www.cyberdriveillinois.com/departments/police/home.html|access-date=March 4, 2021}}
• In Indiana, the secretary of state is responsible for the regulation of auto dealerships.[http://www.in.gov/sos/dealer/ Indiana Dealer Division]
• In Iowa, the secretary of state awards the Carrie Chapman Catt Award to every school in Iowa that signs up and registers at least 90 percent of their eligible students to vote. The award is named after the Iowan who was a national leader in the women’s suffrage movement.{{Cite web|title=Carrie Chapman Catt Award {{!}} Iowa Secretary of State|url=https://sos.iowa.gov/youth/carriechapmancattaward.html|access-date=March 4, 2021}}
• In Kentucky, the secretary of state oversees the State Land Office, which maintains a permanent record of the state’s land grants, warrants, and surveys.{{Cite web|title=A History of the Office of the Secretary of State {{!}} Kentucky Office of the Secretary of State|url=https://www.sos.ky.gov/sos-office/Documents/A%20History%20of%20the%20Office%20of%20the%20Secretary%20of%20State.pdf|access-date=March 4, 2021}}
• In Louisiana, notices of retirement by state officials and employees are filed with the secretary of state.{{Cite web|title=Department Overview {{!}} Louisiana Department of State|url=https://www.sos.la.gov/OurOffice/DepartmentOverview/Pages/default.aspx|access-date=March 4, 2021}}
• In Maryland, developers of residential condominiums and timeshares must register with the secretary of state.{{Cite web|title=Condominium and Timeshare Information {{!}} Maryland Secretary of State|url=https://sos.state.md.us/Pages/Registration/condo_TS.aspx|access-date=March 4, 2021}}
• In Massachusetts, the secretary of the Commonwealth functions as register of deeds for the entire state, maintaining branch offices in each county.{{Cite web|title=Registry of Deeds Division {{!}} Secretary of the Commonwealth of Massachusetts|url=https://www.sec.state.ma.us/rod/rodidx.htm|access-date=March 4, 2021}}
• In Michigan, auto insurers writing policies for Michigan residents are required to file policyholder information with the secretary of state.{{Cite web|title=Electronic Insurance Reporting {{!}} Office of the Michigan Secretary of State|url=https://www.michigan.gov/sos/0,4670,7-127-1631_59983---,00.html|access-date=March 4, 2021}}
• In Minnesota, members of state boards, commissions, and councils are appointed through a merit-based open appointments process administered by the secretary of state.{{Cite web|title=15.0597, 2020 MN Statutes {{!}} Minnesota Office of the Revisor of Statutes|url=https://www.revisor.mn.gov/statutes/cite/15.0597|access-date=March 4, 2021}} State law also requires the secretary of state to publish an annual report that provides a listing and description of the duties, membership, and statistics for each state board, commission, or council.{{Cite web|title=Open Appointments Annual Report {{!}} Office of the Minnesota Secretary of State|url=https://www.sos.state.mn.us/boards-commissions/annual-report/|access-date=March 4, 2021}}
• In Mississippi, the secretary of state has a fiduciary responsibility for enforcement of sixteenth section public school trust lands and lieu lands laws, care and management of the state's public trust tidelands, and the disposition of lands forfeited to the state for non-payment of ad valorem taxes, among other duties.{{Cite web|title=Public Lands {{!}} Mississippi Secretary of State|url=https://www.sos.ms.gov/Public-Lands/Pages/default.aspx|access-date=February 24, 2021}}
• In Montana, the secretary of state sits on the Board of Examiners, which serves as the issuer of state debt and approves the sale of bonds for the state.{{Cite web|title=Board of Examiners {{!}} Montana Secretary of State|url=https://sosmt.gov/examiners/|access-date=March 4, 2021}}
• In Nebraska, debt management agencies cannot carry on business without first obtaining a license from the secretary of state.{{Cite web|title=Debt Management Agencies {{!}} Nebraska Secretary of State|date=15 October 2019|url=https://sos.nebraska.gov/licensing/debt-management-agencies|access-date=March 4, 2021}}
• In Nevada, the secretary of state is a member of the governing board for the Tahoe Regional Planning Agency, which protects the environment within Lake Tahoe Basin through land-use regulations.{{Cite web|title=Governing Board {{!}} Tahoe Regional Planning Agency|url=https://www.trpa.org/about-trpa/governing-board/|access-date=March 4, 2021}}
• In New Hampshire, vital records administration is the responsibility of the secretary of state.{{Cite web|title=About Vital Records {{!}} New Hampshire Department of State|url=https://sos.nh.gov/archives-vital-records-records-management/vital-records-information/about-vital-records/|access-date=March 4, 2021}}
• 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.[http://www.state.nj.us/state/channel/diversity.html New Jersey Department of State] {{webarchive|url=https://web.archive.org/web/20051024084550/http://www.state.nj.us/state/channel/diversity.html |date=2005-10-24 }}
• In New York, the secretary of state is charged with oversight of the state's thousands of cemeteries.{{Cite web|title=Division of Cemeteries {{!}} New York Department of State|url=https://www.dos.ny.gov/cmty/index.html|access-date=March 4, 2021}} In addition, the secretary of state administers the state's Coastal Management Program under the terms of the federal Coastal Zone Management Act.{{Cite web|title=New York State Coastal Management Program {{!}} New York Department of State|url=https://www.dos.ny.gov/opd/programs/WFRevitalization/coastmgmtprog.html|access-date=March 4, 2021}}
• In North Carolina, the secretary of state protects investors by prosecuting violations of the state's securities laws.{{Cite web|title=Securities Division: About Us {{!}} North Carolina Department of the Secretary of State|url=https://www.sosnc.gov/divisions/securities/about_us|access-date=March 4, 2021}}
• In North Dakota, the secretary of state is a member of, and ex officio secretary to, the Emergency Commission.{{Cite web|title=Authority and Membership {{!}} North Dakota Secretary of State|url=https://sos.nd.gov/emergency-commission/authority-and-membership|access-date=March 4, 2021}}
• In Ohio, the secretary of state is a member of the Apportionment Board, which meets every decade following the decennial census to redraw boundaries for each of the 99 Ohio House and 33 Ohio Senate districts. Other members of the Apportionment Board are the governor, the auditor of state and two members, one Republican and one Democrat, appointed by state legislative leaders.{{Cite web|title=Duties & Responsibilities {{!}} Ohio Secretary of State|url=https://www.ohiosos.gov/secretary-office/duties-responsibilities/|access-date=March 4, 2021}}
• In Oregon, the secretary of state is auditor of public accounts by virtue of the state constitution and in this capacity performs financial, compliance, and performance audits of state agencies and local governments.{{Cite web|title=Article VI, Section 2, Oregon Constitution {{!}} Oregon State Legislature|url=https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx|access-date=March 4, 2021}}{{Cite web|title=2021-22 Audit Plan {{!}} Office of the Oregon Secretary of State|url=https://sos.oregon.gov/audits/Documents/2021-01.pdf|access-date=March 4, 2021}}
• In Pennsylvania, the secretary of the commonwealth oversees the State Athletic Commission, which regulates professional boxing and mixed martial arts.{{Cite web|title=State Athletics {{!}} Pennsylvania Department of State|url=https://www.dos.pa.gov/OtherServices/State%20Athletics/Pages/default.aspx|access-date=March 4, 2021}}
• In Puerto Rico, the secretary of state issues bingo licenses.{{Cite web|title=Obtaining Bingo License {{!}} Departamento de Estado, Gobierno de Puerto Rico|url=https://www.estado.pr.gov/en/obtaining-bingo-license/|access-date=March 4, 2021}}
• In Rhode Island, state agencies and local governments are required to file notices of public meetings with the secretary of state under the auspices of the state's Open Meetings Act.{{Cite web|title=The Attorney General's Guide to Open Government In Rhode Island, 6th Edition, pg. 5 {{!}} Rhode Island Office of the Attorney General|url=http://www.riag.ri.gov/documents/opengov/guidetoopengovernmentbookletfullpagetext.pdf|access-date=March 4, 2021}} The secretary of state in turn publishes said notices online.{{Cite web|title=Search Open Meetings {{!}} Rhode Island Department of State|url=https://opengov.sos.ri.gov/OpenMeetings|access-date=March 4, 2021}}
• In South Carolina, the secretary of state is responsible for registering cable television franchises.{{Cite web|title=Cable Franchise {{!}} South Carolina Secretary of State's Office|url=https://sos.sc.gov/services-and-filings/cable-franchise|access-date=March 4, 2021}}
• In South Dakota, the secretary of state is the authority for issuance of concealed weapon permits.{{Cite web|title=Concealed Pistol Permits {{!}} South Dakota Secretary of State|url=https://sdsos.gov/general-services/concealed-pistol-permits/default.aspx|access-date=March 4, 2021}}
• In Tennessee, the secretary of state regulates disaster relief fundraising.{{Cite web|title=Disaster Relief Fundraising {{!}} Tennessee Secretary of State|url=https://sos.tn.gov/charitable/disaster-relief-fundraising|access-date=February 24, 2021}}
• In Texas, the secretary of state registers health spas.{{Cite web|title=Registered Health Spas {{!}} Texas Secretary of State|url=https://www.sos.texas.gov/statdoc/healthspas/index.shtml|access-date=February 24, 2021}}
• In Utah, local governments and limited purpose entities are required to register with the lieutenant governor, who performs the role of secretary of state.{{Cite web|title=Entity Registry {{!}} Office of the Lieutenant Governor, State of Utah|url=https://entityregistry.utah.gov|access-date=February 24, 2021}}{{Cite web|title= 67 Utah Code, Chapter 1a, Section 15 {{!}} Utah State Legislature|url=https://le.utah.gov/xcode/Title67/Chapter1A/67-1a-S15.html?v=C67-1a-S15_2019051420190514|access-date=February 24, 2021}}
• In Virginia, the secretary of the commonwealth manages clemency petitions, restoration of civil rights, and extraditions while also acting as the governor's liaison with Virginia's Native American tribes.{{Cite web|title=About Us {{!}} Secretary of the Commonwealth of Virginia|url=https://www.commonwealth.virginia.gov/about-us/|access-date=February 24, 2021}}
• In Washington, the secretary of state is ex officio chairperson of the state's Productivity Board.{{Cite web|title=About the Office {{!}} Washington Secretary of State|url=https://www.sos.wa.gov/office/office.aspx|access-date=February 24, 2021}} By law, the Productivity Board is charged with reviewing civil servant suggestions to improve the delivery of public services and increase efficiency of government operations.{{Cite web|title=Ch. 41.60, Revised Code of Washington: State Employees Suggestion Awards and Incentive Pay {{!}} Washington State Legislature|url=https://app.leg.wa.gov/rcw/default.aspx?cite=41.60|access-date=February 24, 2021}}
• In West Virginia, land banks cannot operate unless they have registered with the secretary of state.{{Cite web|title=Land Reuse Agencies/Municipal Land Banks |publisher=Office of the West Virginia Secretary of State|url=https://bcpl.wisconsin.gov/Pages/CommonSchoolFund.aspx|access-date=February 24, 2021}}
• In Wisconsin, the secretary of state is, per the state constitution, an ex officio member of the Wisconsin Board of Commissioners of Public Lands together with the state treasurer and the attorney general.{{Cite web|title=Article X, State of Wisconsin Constitution {{!}} Board of Commissioners of Public Lands|url=https://bcpl.wisconsin.gov/Shared%20Documents/Agency%20Info/ArticleX_StateConstitution.pdf|access-date=February 24, 2021}} The Board of Commissioners of Public Lands invests Wisconsin's four school trust funds and sustainably manages the remaining school trust lands for the benefit of public education, pre-kindergarten through university.{{Cite web|title=About {{!}} Board of Commissioners of Public Lands|url=https://bcpl.wisconsin.gov/Pages/AboutCommissioners.aspx|access-date=February 24, 2021}} A major source of revenue for the school trust funds - the largest being the Common School Fund, with a fair market value of over $1 billion - is BCPL's State Trust Fund Loan Program, which lends trust fund principal to school districts and municipalities for financing public purpose projects that contribute towards economic development, local infrastructure, capital equipment and vehicles, building repairs and improvements, or refinancing existing liabilities to reduce future borrowing costs.{{Cite web|title=Common School Fund {{!}} Board of Commissioners of Public Lands|url=https://bcpl.wisconsin.gov/Pages/CommonSchoolFund.aspx|access-date=February 24, 2021}}{{Cite web|title=State Trust Fund Loan Program Home Page {{!}} Board of Commissioners of Public Lands|url=https://bcpl.wisconsin.gov/Pages/LoanProgramHomePage.aspx|access-date=February 24, 2021}}
• In Wyoming, the secretary of state is responsible for receiving and filing ethics disclosures from all state lawmakers and each of the state's constitutional officers.{{Cite web|title=Ethics Disclosure {{!}} Wyoming Secretary of State|url=https://sos.wyo.gov/Elections/Ethics.aspx|access-date=February 24, 2021}} Wyoming is the only state in the union that lacks an ethics commission.{{Cite web|title=State Ethics Commissions: Powers and Duties {{!}} National Conference of State Legislatures|url=https://www.ncsl.org/research/ethics/50-state-chart-state-ethics-commissions-powers-a.aspx|access-date=February 24, 2021}}

• List of company registers
• List of female secretaries of state (in states without lieutenant governors)
• List of U.S. statewide elected officials
• National Association of Secretaries of State
• Returning officer
• State attorney general
• State constitutional officer
• State treasurer
• United States Secretary of State

{{Reflist|2}}

• 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.

{{U.S. State Secretaries of State}}

{{U.S. state cabinets}}

{{Authority control}}

Category:State government in the United States