Secretary of State of South Carolina

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..

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 incumbent is Mark Hammond, a Republican who has served as the secretary of state since 2003.

History

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

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 notary publics 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

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

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

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

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

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

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

Officeholders
ImageNameTenure in officePartySource
John Vanderhorst1783–1787[18]
Peter Freneau1787–1795[18]
Stephen Ravenel1795–1799[18]
Isaac Motte Dart1799–1803[18]
Daniel Huger1803–1807[18]
Stephen Lee1807–1811[18]
Daniel James Ravenel1811–1815[18]
John G. Brown1815–1819[18]
Beaufort Taylor Watts1819–1823[18]
William Laval1823–1827[18]
Robert Starke1827–1830[18]
Henry Pendleton Taylor1830[18]
Samuel Hammond1830–1835Democratic[18]
Benjamin H. Saxon1835–1839[18]
Maximillan LaBorde1839–1843[18]
Roger Quash Pinckney1843–1847[18]
Barnabas Kelet Henagan1847–1851Democratic[18]
Benjamin Perry1851–1855[18]
James Patterson1855–1859[18]
Isaac Hayes Means1859–1863[18]
W. R. Huntt1863–1867[18]
Ellison Capers1867–1868[18]
Francis Lewis Cardozo1868–1872Republican[18]
Henry E. Hayne1872–1876Republican[18]
Robert Moorman Sims1876–1882Democratic[18]
James Nathan Lipscomb1882–1886Democratic[18]
William Zachariah Leitner1886–1888Democratic[18]
John Quitman Marshall1888–1890Democratic[18]
James E. Tindall1890–1894Democratic[18]
Daniel Hollard Tompkins1894–1899Democratic[18]
Marion Reed Cooper1899–1903Democratic[18]
Jesse T. Gantt1903–1907Democratic[18]
Robert Maxcy McCown1907–1917Democratic[18]
William Banks Dove1917–1924Democratic[18]
William Plumer Blackwell1924–1949Democratic[18]
Peter Thomas Bradham1949–1950Democratic[18]
Oscar Frank Thornton1950–1979Democratic[18]
John T. Campbell1979–1991Democratic[18]
James M. Miles1991–2003Republican[18]
Mark Hammond2003–presentRepublican[18]

References
  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. "About Us". Office of the South Carolina Secretary of State. Retrieved June 8, 2023.
  6. Graham 2011, p. 163.
  7. 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. "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. History of Secretary of State's Office 2019, p. 11.

Works cited
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