North Carolina Secretary of State

Last updated

Secretary of State of North Carolina
Seal of the North Carolina Secretary of State.jpg
Seal of the North Carolina Secretary of State
Elaine Marshall IACA 2018 (cropped).jpg
Incumbent
Elaine Marshall
since January 6, 1997
StatusConstitutional officer
Member of Council of State
Seat Raleigh, North Carolina
AppointerGeneral election
Term length Four years, no term limits
Inaugural holder James Glasgow
FormationNovember 12, 1776
(247 years ago) (1776-11-12)
Salary$146,421
Website www.sosnc.gov

The North Carolina Secretary of State is an elected constitutional officer in the executive branch of the government of the U.S. state of North Carolina, and is fourth in the line of succession to the office of Governor of North Carolina. The secretary maintains the official journal of the North Carolina General Assembly and is responsible for overseeing land records, chartering corporations, and administering some commercial regulations. The incumbent is Elaine Marshall, a Democrat and the first woman elected to the office.

Contents

The office traces its origins to the office of the Colonial Secretary of Carolina, created in 1665, and was formally created as an office in 1776. Since 1868, the secretary has been popularly elected every four years. The office's responsibilities—determined by statute—have varied over its existence. Historically weaker than their contemporaries around the United States, the secretary does not oversee elections in the state. They lead the Department of Secretary of State and sit on the North Carolina Council of State.

History of the office

In 1665, the Lord Proprietors of the Province of Carolina created the office of the Colonial Secretary of Carolina. The inaugural secretary, Richard Cobthrop, never travelled to America, but most of the subsequent 23 secretaries came to Carolina. [1] In 1675, the secretary became responsible to the King of England, and was largely tasked with clerical duties relating to land ownership. Following the United States Declaration of Independence, North Carolina created a constitution in 1776 which provided for the North Carolina General Assembly to "triennially appoint a secretary for this State." [2] The Assembly appointed James Glasgow to the office in December and reappointed him the following year. [3] He held the office for over 20 years before resigning due to allegations that he had issued fraudulent land warrants. [4] William Hill served as secretary from 1811 to 1857, setting the record tenure for the office until the 20th century. When the North Carolina State House caught fire in 1831, he saved many of the office's records. [5]

In 1868, North Carolina created a new constitution, which provided for the popular election of the secretary of state with four-year terms and no term limits. [5] Thad A. Eure held the office from 1936 to 1989, setting the latest record tenure. [6] [7] Most secretaries of the state have come from eastern North Carolina. Rufus L. Edmisten, sworn-in in 1989, was the first one to come from the western portion of the state. [5] Janice H. Faulkner, appointed by the Governor of North Carolina in 1996 to fill the vacancy created by Edmisten's resignation, became the first woman to hold the office. [8] Elaine Marshall, who assumed the office in 1997, was the first woman ever elected to a North Carolina statewide executive office. [9] Since the passage of the Executive Reorganization Act of 1971, the secretary's agency has been the Department of Secretary of State. [5] [2]

The office's responsibilities—determined by statute—have varied over its existence. The secretariat managed the issuance of land grants from its colonial creation until 1957. In 1831, the secretary was briefly designated state librarian. [2] In 1868, a Bureau of Statistics, Agriculture, and Immigration was placed within the office and remained there until a separate Department of Agriculture was created in 1877. [10] The office has also at times been responsible for insurance regulation, vehicle registration, and collection of the state gas tax. Until the General Assembly was moved to the State Legislative Building and given a professional staff in the 1960s, the secretary was responsible for assisting it in several matters, including seating assignment in the legislative chambers, enrolling acts and resolutions before their ratification, and indexing and printing the session laws. [2] A 1968 constitutional study commission recommended making the governor responsible for the selection of the secretary to reduce voters' burden by shortening the ballot, but this proposal was disregarded by the General Assembly when it revised the state constitution in 1971. [11] The State Board of Elections briefly operated under the secretary from 1971 to 1972. [12]

Powers, duties, and structure

The secretary of state maintains offices in the Revenue Building (pictured) at 2 S Salisbury St. in Raleigh. Old Revenue Building, Raleigh.jpg
The secretary of state maintains offices in the Revenue Building (pictured) at 2 S Salisbury St. in Raleigh.

The secretary of state is a constitutional officer. [14] Article III, Section 7, of the Constitution of North Carolina stipulates the popular election of the secretary of state every four years. The office holder is not subject to term limits. In the event of a vacancy in the office, the Governor of North Carolina has the authority to appoint a successor until a candidate is elected at the next general election for members of the General Assembly. Per Article III, Section 8 of the constitution, the secretary sits on the Council of State. [15] They maintain the schedule and agenda of council meetings. [16] They are ex officio a member of the Local Government Commission [14] and Capital Planning Commission. [5] They are fourth in line of succession to the governor. [5] [17]

Historically, the North Carolina Secretary of State has been weaker than their contemporaries around the United States. Unlike in other states, where the secretary of state serves as the chief elections officer, in North Carolina the State Board of Elections administers elections independently of other agencies. [18] [19] With regards to elections, the secretary is responsible for storing official copies of election results sent to them by the State Board of Elections and arranging the meeting of North Carolina's presidential electors every four years. [20] The secretary is charged with attending sessions of the General Assembly to obtain possession of laws passed by it, and maintains the official journals of each house. [21] They also administer the North Carolina Securities Act and the Uniform Commercial Code, charter corporations, register trademarks, manage land records, and register legislative lobbyists. [2] They are empowered to investigate violations of lobbying laws and impose civil fines not exceeding $5,000 for infractions. [22] The secretary commissions notaries public in the state, [2] and they are empowered to administer oaths of office to public officials and law enforcement officers. [18] They attend the ceremonies in which an outgoing governor turns over the Great Seal of North Carolina to their successor. [23]

The Department of Secretary of State has several divisions and sections: corporations division, publications division, securities division, trademarks section, Uniform Commercial Code section, authentications section, charitable solicitation licensing section, land records section, lobbyist compliance division, and notary public section. [24] As of December 2022, the department has 163 employees retained under the terms of the State Human Resources Act. [25] As with all Council of State officers, the secretary of state's salary is fixed by the General Assembly and cannot be reduced during their term of office. [26] In 2022, the secretary's annual salary was $146,421. [27]

List of secretaries of state

North Carolina Secretaries of State
No.Secretary of StateTerm in officePartySource
1 James Glasgow 1776 –1798— [3]
2 William White 1798 –1811— [3]
3William Hill1811 –1857— [5]
4Rufus H. Page1857 –1862— [3]
5John P. H. Russ1862 –1865— [3]
6 Charles R. Thomas 1865— [3]
7Robert W. Best1866 –1868— [3]
8 Henry J. Menninger.jpg Henry J. Menninger 1868 –1873 Republican [28]
9William H. Howerton1873 –1877Republican [28]
10Joseph Adolphus Engelhard1877 –1879 Democratic [28]
11 William L. Saunders.jpg William L. Saunders 1879 –1891Democratic [28]
12 Octavius Coke.jpg Octavius Coke 1891 –1895Democratic [28]
13 Charles Mather Cooke.jpg Charles M. Cooke 1895 –1897Democratic [28]
14 Cyrus Thompson, 1919.jpg Cyrus Thompson 1897 –1901 Populist [28] [29]
15 J. Bryan Grimes, North Carolina Secretary of State.png John Bryan Grimes 1901 –1923Democratic [28]
16 William N. Everett.jpg William N. Everett1923 –1928Democratic [28]
17 James A. Hartness.png James A. Hartness1928 –1933Democratic [28]
18 Stacy W. Wade.jpg Stacey W. Wade 1933 –1936Democratic [28]
19Charles G. Powell1936Democratic [28]
20 Thad Eure NC.png Thad A. Eure 1936 –1989Democratic [6]
21 EdmistenRL.jpg Rufus L. Edmisten 1989 –1996Democratic [30]
22 Janice H. Faulkner 1996 –1997Democratic [31]
22 Elaine Marshall IACA 2018.jpg Elaine Marshall 1997 –presentDemocratic [2]

Related Research Articles

<span class="mw-page-title-main">Governor of North Carolina</span> Head of state and government of the U.S. state of North Carolina

The governor of North Carolina is the head of government of the U.S. state of North Carolina. Seventy-five people have held the office since its inception in 1776. The governor serves a term of four years and chairs the collective body of the state's elected executive officials, the Council of State. The governor's powers and responsibilities are prescribed by the state constitution and by law. They serve as the North Carolina's chief executive and are tasked by the constitution with faithfully carrying out the laws of the state. They are ex officio commander in chief of the North Carolina National Guard and director of the state budget. The office has extensive powers of appointment of executive branch officials, some judges, and members of boards and commissions. Governors are also empowered to grant pardons and veto legislation.

<span class="mw-page-title-main">North Carolina General Assembly</span> Legislative branch of the state government of North Carolina

The North Carolina General Assembly is the bicameral legislature of the state government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolina State Legislative Building in Raleigh.

<span class="mw-page-title-main">North Carolina Council of State</span> Collective decision-making body of the state

The North Carolina Council of State is the collective body of ten elective executive offices in the state government of North Carolina, all of which are established by the state constitution. The Council of State includes the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices constitute the executive branch of North Carolina's state government.

<span class="mw-page-title-main">Lieutenant Governor of North Carolina</span> Second-highest elected official in the U.S. state of North Carolina

The lieutenant governor of North Carolina is the second-highest elected official in the U.S. state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government. A member of the North Carolina Council of State, the lieutenant governor serves a four-year term with a two consecutive term limit. The current lieutenant governor is Mark Robinson, a Republican, who has held the office since 2021. The Constitution of North Carolina designates the lieutenant governor the ex officio president of the State Senate and a member of the State Board of Education. They are also required to serve as acting governor of the state in the event of the governor's absence, and assume the governorship in the event it becomes vacant.

<span class="mw-page-title-main">North Carolina State Auditor</span> Auditor of the U.S. state of North Carolina

The state auditor of North Carolina is a statewide elected office in the U.S. state of North Carolina. The state auditor is a constitutional officer responsible for overseeing and reviewing the financial accounts of all state government agencies. The auditor also conducts performance audits of state agencies, ensures state agencies' accounting conforms with Generally Accepted Accounting Principles, evaluates the integrity of computer-generated information, and investigates the misuse of state funds or property. The incumbent is Jessica Holmes, who became state auditor on December 16, 2023.

<span class="mw-page-title-main">North Carolina State Treasurer</span> North Carolina Elected Official

The North Carolina State Treasurer is a statewide elected office in the U.S. state of North Carolina responsible for overseeing the financial operations of state government. The current state treasurer is Dale Folwell.

<span class="mw-page-title-main">North Carolina Superintendent of Public Instruction</span> U.S. state constitutional officer

The North Carolina superintendent of public instruction is an elected constitutional officer in the executive branch of the government of the U.S. state of North Carolina. As the head of the North Carolina Department of Public Instruction, the superintendent oversees the public school systems of the state. They also serve as the secretary of the North Carolina State Board of Education and are a member of the North Carolina Council of State. The incumbent is Catherine Truitt, who became superintendent on January 2, 2021.

<span class="mw-page-title-main">North Carolina State Board of Education</span>

The North Carolina State Board of Education, established by Article 9 of the Constitution of North Carolina, supervises and administers the public school systems of North Carolina. The board sets policy and general procedures for public school systems across the state, including teacher pay and qualifications, course content, testing requirements, and manages state education funds.

<span class="mw-page-title-main">North Carolina Supreme Court</span> Highest court in the U.S. state of North Carolina

The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.

<span class="mw-page-title-main">North Carolina Court of Appeals</span> Intermediate appellate court of North Carolina

The North Carolina Court of Appeals is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was created by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court."

<span class="mw-page-title-main">Rufus Edmisten</span> American attorney

Rufus Lige Edmisten is an American attorney who served as North Carolina Secretary of State, Attorney General, and was the Democratic nominee for Governor in 1984. He is currently a lawyer in private practice.

<span class="mw-page-title-main">North Carolina Attorney General</span> Attorney general for the U.S. state of North Carolina

The attorney general of North Carolina is a statewide elected office in the U.S. state of North Carolina. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and leading the North Carolina Department of Justice. The incumbent attorney general, Josh Stein, assumed office on January 1, 2017. The position of attorney general dates back to North Carolina's colonial history. North Carolina's 1776 constitution established the office as an official appointed by the North Carolina General Assembly. The state's 1868 constitution made the attorney general an elected executive official with their duties prescribed by law. Since 1971, the officer has sat on the North Carolina Council of State.

The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subjugates North Carolina law.

<span class="mw-page-title-main">North Carolina Commissioner of Agriculture</span> Head of the Department of Agriculture and Consumer Services

The Commissioner of Agriculture is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who serves as the head of the state's Department of Agriculture and Consumer Services, which is responsible for promoting agriculture in the state. They are also a member of the Council of State. The incumbent is Steve Troxler, who has served since 2005.

<span class="mw-page-title-main">North Carolina Commissioner of Insurance</span>

The commissioner of insurance is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who leads the state's Department of Insurance and sits on the North Carolina Council of State. The current commissioner is Mike Causey, who has held that office since January 1, 2017.

<span class="mw-page-title-main">North Carolina Commissioner of Labor</span> Elected constitutional officer in a U.S. state

The commissioner of labor is a statewide elected office in the U.S. state of North Carolina. The commissioner is a constitutional officer who leads the state's Department of Labor. North Carolina's general statues provide the commissioner with wide-ranging regulatory and enforcement powers to tend to the welfare of the state's workforce. They also sit on the North Carolina Council of State. The incumbent is Josh Dobson, who has served since January 2021.

The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.

<span class="mw-page-title-main">Government of North Carolina</span> Government of the U.S. state of North Carolina

The government of North Carolina is divided into three branches: executive, legislative, and judicial. These consist of the Council of State, the bicameral legislature, and the state court system. The Constitution of North Carolina delineates the structure and function of the state government.

The North Carolina Department of Revenue was created in 1921 by the North Carolina General Assembly. The department is headed by a Secretary that is appointed by the Governor. The secretary is a member of the North Carolina Cabinet. Currently, the department is responsible for administering the collection of the North Carolina state income tax, gasoline tax, sales tax, beverage tax, and inheritance tax.

The North Carolina Department of Administration was established in 1957 and authorized by North Carolina General Statute 143B, Article 9, Paragraph 143B-366. The department provides business management to the North Carolina government. NCDOA is one of the ten cabinet level agencies. It oversees government operations including facilities construction, purchasing goods, contracting for services, and managing property.

References

  1. ↑ Betts 1989, p. 4.
  2. 1 2 3 4 5 6 7 Smith, Clyde (2006). "North Carolina Secretary of State". NCPedia. North Carolina Government & Heritage Library. Retrieved October 5, 2019.
  3. 1 2 3 4 5 6 7 Cheney 1981, p. 181.
  4. ↑ Betts 1989, pp. 4–5.
  5. 1 2 3 4 5 6 7 Betts 1989, p. 5.
  6. 1 2 Fleer 1994, p. 96.
  7. ↑ Betts 1989, pp. 2, 5.
  8. ↑ "Former North Carolina Secretary of State Faulkner dies at 87". North State Journal. Associated Press. October 16, 2019. Retrieved February 10, 2021.
  9. ↑ Coleman, Dashiell (January 18, 2019). "Gaston's Brown to run for N.C. secretary of state". Gaston Gazette. Retrieved August 25, 2022.
  10. ↑ Williams, Wiley J. (2006). "Agriculture and Consumer Services, Department of". NCPedia. North Carolina Government & Heritage Library. Retrieved August 4, 2022.
  11. ↑ Guillory 1988, p. 41.
  12. ↑ Betts 1989, p. 17.
  13. ↑ "Contact Us". North Carolina Secretary of State. Retrieved August 5, 2022.
  14. 1 2 North Carolina Manual 2011, p. 163.
  15. ↑ North Carolina Manual 2011, p. 138.
  16. ↑ Dillon, A. P. (July 25, 2022). "State treasurer addresses Council of State transparency during monthly call". North State Journal. Retrieved October 21, 2022.
  17. ↑ Orth & Newby 2013, p. 115.
  18. 1 2 Betts 1989, p. 7.
  19. ↑ Specht, Paul (November 5, 2020). "No, North Carolina's Secretary of State doesn't control elections". PolitiFact . Retrieved June 13, 2022.
  20. ↑ "We Don't Do That!". North Carolina Secretary of State. Retrieved August 18, 2022.
  21. ↑ Betts 1989, pp. 5, 7.
  22. ↑ Cooper & Knotts 2012, p. 102.
  23. ↑ Fleer 2007, p. 1.
  24. ↑ North Carolina Manual 2011, pp. 163–164.
  25. ↑ "Current State Employee Statistics". North Carolina Office of State Human Resources. Retrieved January 22, 2023.
  26. ↑ Orth & Newby 2013, p. 125.
  27. ↑ "What raises are NC teachers, state employees getting in 2022". The News & Observer. July 20, 2022. Retrieved August 4, 2022.
  28. 1 2 3 4 5 6 7 8 9 10 11 12 Cheney 1981, p. 425.
  29. ↑ "Cyrus Thompson". The 1898 Election in North Carolina. University of North Carolina Libraries. Retrieved January 23, 2023.
  30. ↑ Fasig, Danielle; Ferris, Virginia; Seifert, Julie (October 2012). "Rufus Edmisten Papers, 1939-2009". Wilson Special Collections Library. University of North Carolina at Chapel Hill. Retrieved August 6, 2022.
  31. ↑ Waggoner, Martha (May 30, 1997). "A Fix For Everything? She's in a State of Repair". News & Record. Associated Press. Retrieved February 10, 2021.

Works cited

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.