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Secretary of State of South Carolina

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Secretary of State of South Carolina
Incumbent
Mark Hammond
StatusConstitutional officer
SeatColumbia, South Carolina
AppointerGeneral election
Term lengthFour years, no term limits
Salary$135,000
Websitesos.sc.gov

The Secretary of State of South Carolina is an elected constitutional officer in the executive branch of government of the U.S. state of South Carolina. 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

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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.[1] 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.[2] 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.[3]

Powers and duties

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Article VI of the Constitution of South Carolina provides for the election of a secretary of state.[4] 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.[5]

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.[5] 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.[6] The secretary commissions and maintains a list of all notaries public in the state[5][7] and issues commissions to elected officials and gubernatorial appointees.[5] The secretary collects an annual salary of $135,000.[8]

Office structure

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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.[9] As of April 30, 2023, it is staffed by 32 employees.[10] It is organized into eight divisions: Business Filings; Trademarks; Charities; Notaries, Boards and Commissions; Service of Process; Municipalities; and Information Technology.[11]

Business Filings Division

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The Business Filing Division is accountable for filings for business corporations, nonprofit corporations, limited liability companies, limited partnerships, and limited liability partnerships.[12]

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.[13]

Trademarks Division

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The Trademarks Division maintains a list of all registered trademarks in South Carolina and assists law enforcement in the seizing of any forged goods.[7]

Public Charities Division

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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.[14]

Notaries Division

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The Notaries Division maintains apostilles and is responsible for all notary public applications. This division handles all filings for state boards and commissions.[12] A notary is commissioned with a certificate signed by the secretary of state.[15] The secretary of state has the authority to verify the signature of any official is filed within the office.[16]

Information Technology

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The Information Technology Division is responsible for maintaining the office's online services and cybersecurity.[17]

Officeholders

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Image Name Tenure in office Party Source
John Vanderhorst 1783–1787 [18]
Peter Freneau 1787–1795 [18]
Stephen Ravenel 1795–1799 [18]
Isaac Motte Dart 1799–1803 [18]
Daniel Huger 1803–1807 [18]
Stephen Lee 1807–1811 [18]
Daniel James Ravenel 1811–1815 [18]
John G. Brown 1815–1819 [18]
Beaufort Taylor Watts 1819–1823 [18]
William Laval 1823–1827 [18]
Robert Starke 1827–1830 [18]
Henry Pendleton Taylor 1830 [18]
Samuel Hammond 1830–1835 Democratic [18]
Benjamin H. Saxon 1835–1839 [18]
Maximillan LaBorde 1839–1843 [18]
Roger Quash Pinckney 1843–1847 [18]
Barnabas Kelet Henagan 1847–1851 Democratic [18]
Benjamin Perry 1851–1855 [18]
James Patterson 1855–1859 [18]
Isaac Hayes Means 1859–1863 [18]
W. R. Huntt 1863–1867 [18]
Ellison Capers 1867–1868 [18]
Francis Lewis Cardozo 1868–1872 Republican [18]
Henry E. Hayne 1872–1876 Republican [18]
Robert Moorman Sims 1876–1882 Democratic [18]
James Nathan Lipscomb 1882–1886 Democratic [18]
William Zachariah Leitner 1886–1888 Democratic [18]
John Quitman Marshall 1888–1890 Democratic [18]
James E. Tindall 1890–1894 Democratic [18]
Daniel Hollard Tompkins 1894–1899 Democratic [18]
Marion Reed Cooper 1899–1903 Democratic [18]
Jesse T. Gantt 1903–1907 Democratic [18]
Robert Maxcy McCown 1907–1917 Democratic [18]
William Banks Dove 1917–1924 Democratic [18]
William Plumer Blackwell 1924–1949 Democratic [18]
Peter Thomas Bradham 1949–1950 Democratic [18]
Oscar Frank Thornton 1950–1979 Democratic [18]
John T. Campbell 1979–1991 Democratic [18]
James M. Miles 1991–2003 Republican [18]
Mark Hammond 2003–present Republican [18]

References

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  1. ^ History of Secretary of State's Office 2019, p. 2.
  2. ^ Graham 2011, pp. 113–114.
  3. ^ History of Secretary of State's Office 2019, p. 3.
  4. ^ Graham 2011, p. 40.
  5. ^ a b c d "About Us". Office of the South Carolina Secretary of State. Retrieved June 8, 2023.
  6. ^ Graham 2011, p. 163.
  7. ^ a b Secretary of State Accountability Report 2021, p. 9.
  8. ^ Budds, Becky (November 11, 2022). "Pay raises for 6 South Carolina elected officials are coming in January". News19. WLTX-TV. Retrieved 20 November 2022.
  9. ^ Secretary of State Accountability Report 2021, p. 12.
  10. ^ "Employees by agency" (PDF). South Carolina Department of Administration. April 30, 2023. Retrieved June 8, 2023.
  11. ^ Secretary of State Accountability Report 2021, pp. 3–4.
  12. ^ a b "South Carolina Secretary of State 2009 - 2010 Accountability Report" (PDF). Retrieved 21 July 2012.
  13. ^ "UCC Filings". Retrieved 24 July 2012.
  14. ^ Secretary of State Accountability Report 2021, p. 7.
  15. ^ "South Carolina Notary Public Reference Manual" (PDF). Retrieved 24 July 2012.
  16. ^ "Notaries and Apostilles".
  17. ^ Secretary of State Accountability Report 2021, pp. 4–5.
  18. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an History of Secretary of State's Office 2019, p. 11.

Works cited

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