Secretary of state (U.S. state government)

Secretary of state is an official in the state governments 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 states that have one, the secretary of state is the chief clerk of the state, and is often the primary custodian of important state records. 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,[1] Oregon and Wyoming) as well as the U.S. territory of Puerto Rico, the secretary of state is first in the line of succession in the event of a gubernatorial vacancy.

Currently, in 35 states, the secretary of state is elected, usually for a four-year term. In others, the secretary of state is appointed by the governor with confirmation with the state's respective Senate; Florida,[2] Oklahoma, Texas, and Virginia[3] 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,[4] and the Maine Legislature and New Hampshire General Court also select their secretaries of state, but to two-year terms.[5] The longest serving state secretary of state in history was Thad A. Eure of North Carolina, who served from 1936 until 1989.

Secretaries of state, or those acting in that capacity, belong to the National Association of Secretaries of State.


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.

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, during the 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 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:

Current secretaries of state

Officeholder State Party Assumed office Title
John Merrill Alabama Republican January 19, 2015 Secretary of State
Kevin Meyer Alaska Republican December 3, 2018 Lieutenant Governor
Lemanu Mauga American Samoa Democratic January 3, 2013 Lieutenant Governor
Katie Hobbs Arizona Democratic January 7, 2019 Secretary of State
John Thurston Arkansas Republican January 15, 2019 Secretary of State
Alex Padilla California Democratic January 5, 2015 Secretary of State
Jena Griswold Colorado Democratic January 8, 2019 Secretary of State
Denise Merrill Connecticut Democratic January 5, 2011 Secretary of the State
Jeffrey Bullock Delaware Democratic January 20, 2009 Secretary of State
Lauren Vaughan District of Columbia Democratic January 2, 2015 Secretary of the District
Laurel Lee Florida Republican January 28, 2019 Secretary of State
Brad Raffensperger Georgia Republican January 14, 2019 Secretary of State
Josh Tenorio Guam Democratic January 7, 2019 Lieutenant Governor
Josh Green Hawaii Democratic December 3, 2018 Lieutenant Governor
Lawerence Denney Idaho Republican January 5, 2015 Secretary of State
Jesse White Illinois Democratic January 11, 1999 Secretary of State
Connie Lawson Indiana Republican March 16, 2012 Secretary of State
Paul Pate Iowa Republican January 1, 2015 Secretary of State
Scott Schwab Kansas Republican January 14, 2019 Secretary of State
Alison Grimes Kentucky Democratic January 2, 2012 Secretary of State
Kyle Ardoin Louisiana Republican May 1, 2018 Secretary of State
Matt Dunlap Maine Democratic January 7, 2013 Secretary of State
John Wobensmith Maryland Republican January 21, 2015 Secretary of State
Bill Galvin Massachusetts Democratic January 1, 1995 Secretary of the Commonwealth
Jocelyn Benson Michigan Democratic January 1, 2019 Secretary of State
Steve Simon Minnesota Democratic January 5, 2015 Secretary of State
Delbert Hosemann Mississippi Republican January 10, 2008 Secretary of State
Jay Ashcroft Missouri Republican January 9, 2017 Secretary of State
Corey Stapleton Montana Republican January 2, 2017 Secretary of State
Bob Evnen Nebraska Republican January 10, 2019 Secretary of State
Barbara Cegavske Nevada Republican January 5, 2015 Secretary of State
Bill Gardner New Hampshire Democratic December 2, 1976 Secretary of State
Tahesha Way New Jersey Democratic January 16, 2018 Secretary of State
Maggie Toulouse Oliver New Mexico Democratic December 9, 2016 Secretary of State
Rossana Rosado New York Democratic February 22, 2016 Secretary of State
Elaine Marshall North Carolina Democratic January 3, 1997 Secretary of State
Al Jaeger North Dakota Republican January 1, 1993 Secretary of State
Arnold Palacios Northern Mariana Islands Republican January 14, 2019 Lieutenant Governor
Frank LaRose Ohio Republican January 14, 2019 Secretary of State
Michael Rogers Oklahoma Republican January 14, 2019 Secretary of State
Bev Clarno Oregon Republican March 31, 2019 Secretary of State
Kathy Boockvar
Pennsylvania Democratic January 5, 2019 Secretary of the Commonwealth
Vacant Puerto Rico August 2, 2019 Secretary of State
Nellie Gorbea Rhode Island Democratic January 6, 2015 Secretary of State
Mark Hammond South Carolina Republican January 15, 2003 Secretary of State
Steve Barnett South Dakota Republican January 5, 2019 Secretary of State
Tre Hargett Tennessee Republican January 15, 2009 Secretary of State
Ruth Hughs Texas Republican August 19, 2019 Secretary of State
Spencer Cox Utah Republican October 16, 2013 Lieutenant Governor
Jim Condos Vermont Democratic January 6, 2011 Secretary of State
Tregenza Roach U.S. Virgin Islands Democratic January 7, 2019 Lieutenant Governor
Kelly Thomasson Virginia Democratic April 15, 2016 Secretary of the Commonwealth
Kim Wyman Washington Republican January 16, 2013 Secretary of State
Mac Warner West Virginia Republican January 16, 2017 Secretary of State
Doug La Follette Wisconsin Democratic January 3, 1983 Secretary of State
Ed Buchanan Wyoming Republican March 1, 2018 Secretary of State

See also


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.
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