The secretary of state of South Carolina is an
elected Elected may refer to:
* "Elected" (song), by Alice Cooper, 1973
* ''Elected'' (EP), by Ayreon, 2008
*The Elected, an American indie rock band
See also
*Election
An election is a formal group decision-making process whereby a population ch ...
constitutional officer in the
executive branch
The executive branch is the part of government which executes or enforces the law.
Function
The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
of government of the
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...
of
South Carolina
South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
. The secretary of state is the chief clerk of state government in South Carolina and is responsible for registering businesses and trademarks, regulating charities, authorizing cable franchises, commissioning notaries public, and serving as the filing office for municipal records.
The incumbent is
Mark Hammond, a
Republican who has served as the secretary of state since 2003.
History
As a British colony, the
Province of South Carolina
The Province of South Carolina, originally known as Clarendon Province, was a province of the Kingdom of Great Britain that existed in North America from 1712 to 1776. It was one of the five Southern colonies and one of the Thirteen Colonies i ...
had a secretary of the colony appointed by its
lords proprietors
A lord proprietor is a person granted a royal charter for the establishment and government of an English colony in the 17th century. The plural of the term is "lords proprietors" or "lords proprietary".
Origin
In the beginning of the Europe ...
. 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. Under South Carolina's 1776 constitution, a Secretary of the Colony was elected by the
South Carolina General Assembly
The South Carolina General Assembly, also called the South Carolina Legislature, is the state legislature of the U.S. state of South Carolina. The legislature is bicameral and consists of the lower South Carolina House of Representatives and ...
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. 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. 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.
Powers and duties
Article VI of the Constitution of South Carolina provides for the election of a secretary of state. 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 franchise A local franchise authority (LFA) is a United States local government organization that, together with the Federal Communications Commission (FCC), regulates cable television service within the local government's area. In some cases the LFA is the s ...
s, 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
An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly funded employment agency.
Public employment agencies
One ...
.
[
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. The secretary commissions and maintains a list of all ]notaries public
A notary public ( notary or public notary; notaries public) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers- ...
in the state[ and issues commissions to elected officials and gubernatorial appointees.]
Office structure
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. As of April 30, 2023, it is staffed by 32 employees.
Business Filings Division
The Business Filing Division is accountable for filings for business corporations, nonprofit corporations, limited liability companies
A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a ...
, limited partnerships
A limited partnership (LP) is a type of partnership with general partners, who have a right to manage the business, and limited partners, who have no right to manage the business but have only limited liability for its debts. Limited partnership ...
, and limited liability partnerships
A limited liability partnership (LLP) is a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities. It therefore can exhibit aspects of both partnerships and corporations. In an LLP, each partner is n ...
.
Trademarks Division
The Trademarks Division maintains a list of all registered trademarks in South Carolina and assists law enforcement in the seizing of any forged goods.
Public Charities Division
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.
Notaries Division
The Notaries Division maintains apostilles and is responsible for all notary public
A notary public ( notary or public notary; notaries public) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers- ...
applications. This division handles all filings for state boards and commissions.
Information Technology
The Information Technology Division is responsible for maintaining the office's online services and cybersecurity.
Officeholders
References
Works cited
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{{South Carolina statewide elected officials