Secretary of State of Oklahoma
Encyclopedia
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma
and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch
of the Oklahoma state government. The office of the Secretary of State was an elective office from statehood until 1975 when the Constitution was amended and it became an appointive office, running concurrent with the Governor effective of 1979.
The 30th and current Oklahoma Secretary of State is Glenn Coffee
, appointed by Governor Mary Fallin
. His first term began in 2011 and is set to end in 2015.
sets the requirements to hold the office of Secretary of State as the appointee must a citizen of the State of Oklahoma, at least thirty-one years of age and a resident of the United States for ten years, the same as all high level executive branch officials.
appoints, with confirmation of the Oklahoma Senate
, the Secretary of State to serve a four year term that is runs coequal with the term of the Governor. As the office is not elected, the Secretary may succeed their self in office as many times as the Governor-elect appoints, and the Oklahoma Senate confirms, them.
s and parole
s, including revocation of same are recorded and filed in the Office of the Secretary of State. Extradition
s, both foreign and domestic, are also recorded and maintained by the Secretary. The office is the custodian of the Seal of Oklahoma
. The Secretary of State is an ex officio member of the Oklahoma Governor's Cabinet.
The most important, though ceremonial, function of the Secretary of State is to "sacredly preserve" the original State Constitution
signed in 1907.
Any and all initiative
s, petition
s, and referendum
(called State Questions) are filled with the Secretary and addressed to the Governor. After circulation of the petition, the Secretary’s office counts and binds the signature pamphlets. If the signatures are sufficient, the state question is placed on the ballot for a vote of the people. New laws adopted by the people are published in the Oklahoma Statutes or Oklahoma Constitution and are immune from override by the Oklahoma Legislature, Governor of Oklahoma, or the Oklahoma Supreme Court.
. The Secretary of State is required to determine and designate five district judges to serve on the Appellate Division and eight district judges to serve on the Trial Division of the Court on Judiciary. Every odd-numbered year this office is responsible for organizing the meeting for the Court on Judiciary to make or amend their rules of procedure as mandated by the Oklahoma Constitution.
The Office of Administrative Rules (OAR) is one of the most important offices within the Office of the Secretary of State. OAR files state agency rules, rulemaking notices, executive orders and compiles those rules, rulemaking notices, executive orders, and local project announcements for publication in The Oklahoma Register, which OAR publishes semi-monthly. OAR is also responsible for compiling and codifing the permanent rules and executive orders
for publication in The Oklahoma Administrative Code (OAC). OAC is the codification of the general and permanent rules and regulations issued by the executive departments and agencies of the state government. OAR publishes the OAC in annual supplements.
.
For fiscal year 2011, each of the operating units of the Bureau operate with the following budgets:
Gubernatorial Appointment (1975-present)
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
of the Oklahoma state government. The office of the Secretary of State was an elective office from statehood until 1975 when the Constitution was amended and it became an appointive office, running concurrent with the Governor effective of 1979.
The 30th and current Oklahoma Secretary of State is Glenn Coffee
Glenn Coffee
For the American football player, see Glen CoffeeVirgil Glenn Coffee is an American lawyer and Republican politician from the US state of Oklahoma. Coffee is currently the 30th Oklahoma Secretary of State, having been appointed by Governor Mary Fallin...
, appointed by Governor Mary Fallin
Mary Fallin
Mary Fallin is the 27th and current Governor of the U.S. state of Oklahoma. She was a U.S. Representative for from 2007 until 2011....
. His first term began in 2011 and is set to end in 2015.
Constitutional Requirements
The Oklahoma ConstitutionOklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
sets the requirements to hold the office of Secretary of State as the appointee must a citizen of the State of Oklahoma, at least thirty-one years of age and a resident of the United States for ten years, the same as all high level executive branch officials.
Appointment
Unlike any other Constitutional member of executive office, the Governor of OklahomaGovernor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
appoints, with confirmation of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, the Secretary of State to serve a four year term that is runs coequal with the term of the Governor. As the office is not elected, the Secretary may succeed their self in office as many times as the Governor-elect appoints, and the Oklahoma Senate confirms, them.
Executive Function
The Secretary of State is required by law to attest to the Governor's signature and to file all the official acts of the Governor. Executive orders, appointments and proclamations signed and issued by the Governor are certified and distributed by the Secretary of State. Original certificates of pardonPardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s and parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
s, including revocation of same are recorded and filed in the Office of the Secretary of State. Extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
s, both foreign and domestic, are also recorded and maintained by the Secretary. The office is the custodian of the Seal of Oklahoma
Seal of Oklahoma
The Great Seal of the State of Oklahoma consists of a five-pointed star in a circle.The seal itself contains six seals:*The center of the star contains the Seal of the original Territory of Oklahoma. The seal contains the words “Labor Omnia Vincit” meaning “Labor Conquers All Things.” Columbia is...
. The Secretary of State is an ex officio member of the Oklahoma Governor's Cabinet.
The most important, though ceremonial, function of the Secretary of State is to "sacredly preserve" the original State Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
signed in 1907.
Legislative Functions
After legislation has been passed and signed by the Governor, along with the President of the Senate and Speaker of the House, the Secretary of State is required to fill and record the original acts in the Office of the Secretary of State. Each act is designated a chapter number and published in the Oklahoma Session Laws and the Oklahoma Statutes. The Secretary of State is also required to distribute copies of all new laws, as soon as possible, to each of the seventy-seven County Court Clerks. The original acts and resolutions are bound into volumes and then preserved by the Secretary’s office.Any and all initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
s, petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
s, and referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
(called State Questions) are filled with the Secretary and addressed to the Governor. After circulation of the petition, the Secretary’s office counts and binds the signature pamphlets. If the signatures are sufficient, the state question is placed on the ballot for a vote of the people. New laws adopted by the people are published in the Oklahoma Statutes or Oklahoma Constitution and are immune from override by the Oklahoma Legislature, Governor of Oklahoma, or the Oklahoma Supreme Court.
Judicial Functions
Under the provision of the Oklahoma Constitution, the judges of any court exercising judicial power shall be subject to removal from office, or to compulsory retirement from office by the Oklahoma Court on the JudiciaryOklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...
. The Secretary of State is required to determine and designate five district judges to serve on the Appellate Division and eight district judges to serve on the Trial Division of the Court on Judiciary. Every odd-numbered year this office is responsible for organizing the meeting for the Court on Judiciary to make or amend their rules of procedure as mandated by the Oklahoma Constitution.
Certification Functions
The main duties of the Secretary of State revolve around filling, recording, and certification of miscellaneous items. They include:- Persons wishing to form a corporationCorporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
, limited partnershipLimited partnershipA limited partnership is a form of partnership similar to a general partnership, except that in addition to one or more general partners , there are one or more limited partners . It is a partnership in which only one partner is required to be a general partner.The GPs are, in all major respects,...
or limited liability companyLimited liability companyA limited liability company is a flexible form of enterprise that blends elements of partnership and corporate structures. It is a legal form of company that provides limited liability to its owners in the vast majority of United States jurisdictions...
register in the Office of the Secretary of State. Foreign corporations (those formed in other states or countries) who desire to transact business in Oklahoma must also file in this office. - The Secretary’s department issues trademarkTrademarkA trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
renewals, assignments and cancellations. - The Secretary of State appoints and commissions notaries publicNotary publicA notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
. Each notary public is required to file a $1,000 surety bondSurety bondA surety bond is a promise to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract...
with the court clerk in their county of residence. Once this bond is filed, the court clerk sends the bond to the Secretary of State where it is recorded and filed. - Every officer of a state agency, board, commission, court, institution, and the state legislature, before entering upon the duties of office, is required to file an oath of office and a loyalty oathLoyalty oathA loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
with the Secretary of State. - All state agencies, boards, commissions and public trusts are required to file in the Office of the Secretary of State all meeting notices, including cancellations, postponements and rescheduling of meeting in compliance with state open meeting laws.
- The Secretary of State acts as registered agentRegistered AgentA registered agent, also known as a resident agent or statutory agent, in United States business law, is a business or individual designated to receive service of process when a business entity is a party in a legal action such as a lawsuit or summons...
for all foreign corporations, limited partnerships and limited liability companies unless an additional agent has been appointed. The Secretary of State also acts as registered agent for any domestic corporation whose agent has resigned. - Every mortgage, deed of trustTrust deed (real estate)In real estate in the United States, a trust deed or deed of trust is a deed wherein legal title in real property is transferred to a trustee, which holds it as security for a loan between a borrower and lender...
, and instruments supplementary thereto of a public service corporation covering any real or personal property situated in this state made to secure any indebtedness incurred pursuant to law, shall be executed and acknowledged in the same manner as conveyances of real estate and shall be recorded or files with the Secretary of State. - Every invention developer rendering or offering to render invention development services shall maintain a surety bond equal to either ten percent (10%) of the invention developer's gross income from the invention development business in this state during the invention developer's preceding fiscal year, or twenty-five thousand dollars ($25,000), whichever is larger. A copy of the bond shall be approved by the Attorney General and filed in the Office of the Secretary of State before the invention developer renders or offers to render invention development services in this state.
- Every mineral owner or lessee who is engaged in drilling or preparing to drill for oilOil wellAn oil well is a general term for any boring through the earth's surface that is designed to find and acquire petroleum oil hydrocarbons. Usually some natural gas is produced along with the oil. A well that is designed to produce mainly or only gas may be termed a gas well.-History:The earliest...
or gas is required to file a corporate surety bond, letter of creditLetter of creditA standard, commercial letter of credit is a document issued mostly by a financial institution, used primarily in trade finance, which usually provides an irrevocable payment undertaking....
from a banking institution, cash, or a certificate of depositCertificate of depositA certificate of Deposit is a time deposit, a financial product commonly offered to consumers in the United States by banks, thrift institutions, and credit unions....
with the Secretary of State in the sum of $25,000. The Secretary of State is required by law to file and record each bond filed. - Required to file and/or certify policy statements of each public institution of higher education. Personality rights as successor-in-interest, public trust indentures and amendments thereto, preliminary and final official statements, facsimile signatures, bonds of public officials and employees are also filed in this office.
Organization
- Secretary of State
- Administration Division
- Accounting Division
- Information Services Division
- Central Filing Division
- Notary Division
- Business Services Division
- Executive and Legislative Services Division
- Office of Administrative Rules
The Office of Administrative Rules (OAR) is one of the most important offices within the Office of the Secretary of State. OAR files state agency rules, rulemaking notices, executive orders and compiles those rules, rulemaking notices, executive orders, and local project announcements for publication in The Oklahoma Register, which OAR publishes semi-monthly. OAR is also responsible for compiling and codifing the permanent rules and executive orders
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
for publication in The Oklahoma Administrative Code (OAC). OAC is the codification of the general and permanent rules and regulations issued by the executive departments and agencies of the state government. OAR publishes the OAC in annual supplements.
Staff
The Office of the Secretary of State, with an annual budget of over $4 million, is one of the smaller employers of the State. For fiscal year 2011, the Office was authorized 37 full time employees.| Division | Number of Employees |
|---|---|
| Administration Division | 11 |
| Business Services Division | 14 |
| Executive and Legislative Services Division | 3 |
| Central Filing Division | 5 |
| Office of Administrative Rules | 4 |
| Total | 37 |
Budget
The Office of the Secretary of State's budget is genereated primarily be fees it generates from the entities it regulates. Agency fees make up 90% ($3.8 million) with the remaining 10% ($0.4 million) coming from annual approrpriations from the Oklahoma LegislatureOklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
.
For fiscal year 2011, each of the operating units of the Bureau operate with the following budgets:
| Division | Funding (in millions) |
|---|---|
| Administration Division | $1.7 |
| Business Services Division | $1.3 |
| Executive and Legislative Services Division | $0.2 |
| Central Filing Division | $0.4 |
| Office of Administrative Rules | $0.5 |
| Total | $4.2 |
Agencies Overseen
The Secretary of State oversees the following state entities:- Oklahoma Council on Judicial ComplaintsOklahoma Council on Judicial ComplaintsThe Oklahoma Council on Judicial Complaints is an agency of the state of Oklahoma that investigates allegations of judicial misconduct and can recommend a judge be reprimanded by the Oklahoma Supreme Court or recommend the judge's removal from office by the Oklahoma Court on the Judiciary. The...
- Oklahoma State Election BoardOklahoma State Election BoardThe Oklahoma State Election Board is the governing body regarding elections in the state of Oklahoma. The Board is responsible for maintaining uniformy in the application, operation and interpretation of State and Federal election laws...
- Oklahoma Ethics CommissionOklahoma Ethics CommissionThe Oklahoma Ethics Commission is an agency of the state of Oklahoma that issues rules on the ethical conduct for state elected officials and employees. It also investages and prosecutes violations of its rules. The Ethics Commission was created by a two-to-one vote of the people of the state per...
- Oklahoma Judicial Nominating CommissionOklahoma Judicial Nominating CommissionThe Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
Oath of Office
"I, . . . . . . . , do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Secretary of State of Oklahoma to the best of my ability."Office-Holders
Statwide Election (1907-1975)| # | Name | Party | Term |
|---|---|---|---|
| 1 | Bill Cross | Democratic | 1907-1910 |
| 2 | Thomas Smith | Democratic | 1910-1911 |
| 3 | B. F. Harrison | Democratic | 1911-1915 |
| 4 | H. G. Oliver | Democratic | 1915 |
| 5 | S. L. Lyon | Democratic | 1915-1919 |
| 6 | Joe Morris | Democratic | 1919-1923 |
| 7 | R. A. Sneed | Democratic | 1923-1927 |
| 8 | Graves Leeper | Democratic | 1927-1931 |
| 9 | R. A. Sneed | Democratic | 1931-1935 |
| 10 | Frank C. Carter | Democratic | 1935-1939 |
| 11 | C. C. Childer | Democratic | 1939-1943 |
| 12 | Frank C. Carter | Democratic | 1943-1946 |
| 13 | Kathrine Manton | Democratic | 1946-1947 |
| 14 | Wilburn Cartwright | Democratic | 1947-1951 |
| 15 | John D. Conner | Democratic | 1951-1955 |
| 16 | Andy Anderson | Democratic | 1955-1959 |
| 17 | John D. Conner | Democratic | 1959-1959 |
| 18 | Wm. N. Christian | Democratic | 1959-1963 |
| 19 | James M. Bullard | Democratic | 1963-1967 |
| 20 | John Rogers | Democratic | 1967-1975 |
Gubernatorial Appointment (1975-present)
| # | Name | Party | Term | Governor |
|---|---|---|---|---|
| 21 | Jerome Byrd | Democratic | 1975-1979 | David L. Boren David L. Boren David Lyle Boren is an academic leader and American politician from the state of Oklahoma. A Democrat, he served as the 21st Governor of Oklahoma from 1975 to 1979 and in the United States Senate from 1979 to 1994. He is currently president of the University of Oklahoma. He was the longest serving... |
| 22 | Jeannette B. Edmondson | Democratic | 1979-1987 | George Nigh George Nigh George Patterson Nigh , is a popular civic leader in the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd Governor of Oklahoma. He was the first Oklahoma Governor to be re-elected and the first to win all 77 counties in the state... |
| 23 | Hannah D. Atkins | Democratic | 1987-1991 | Henry Bellmon Henry Bellmon Henry Louis "Harry" Bellmon was an American Republican politician from Oklahoma. He was a member of the Oklahoma Legislature, the 18th and 23rd Governor of Oklahoma , and a two-term United States Senator.-Service in World War II:Bellmon was born in Tonkawa, Oklahoma and graduated from Billings... |
| 24 | John Kennedy | Democratic | 1991-1994 | David Walters David Walters David Lee Walters was the 24th Governor of Oklahoma from 1991 to 1995.-Biography:Walters was born near Canute, Oklahoma. He graduated as valedictorian from Canute High School in 1969. He later graduated from University of Oklahoma in 1973 with a bachelor’s degree in industrial engineering... |
| 25 | Glo Henley | Democraitc | 1994-1995 | |
| 26 | Tom Cole Tom Cole Thomas Jeffery Cole is the U.S. Representative for , serving since 2003. He is a member of the Republican Party. He is a Deputy Minority Whip. The chairman of the National Republican Congressional Committee from 2006 to 2008, he was, during his tenure, the fourth-ranking Republican leader in the... |
Republican | 1995-1999 | Frank Keating Frank Keating Francis Anthony "Frank" Keating is an American politician from Oklahoma. Keating served as the 25th Governor of Oklahoma. His first term began in 1995 and ended in 1999... |
| 27 | Mike Hunter Michael J. Hunter Michael J. "Mike" Hunter is an American Republican politician from the state of Oklahoma. Hunter served as the 29th Secretary of State of Oklahoma from 1999 to 2002, having been appointed by Governor of Oklahoma Frank Keating.... |
Republican | 1999-2002 | |
| 28 | Kay Dudley | Republican | 2002-2003 | |
| 29 | M. Susan Savage M. Susan Savage M. Susan Savage is an American Democratic politician who served as the 29th Secretary of State of Oklahoma.Savage graduated from Edison High School in Tulsa and in 1974 earned a B.A. degree from Arcadia University in Pennsylvania. She returned to Tulsa in 1977 and became executive director of the... |
Democratic | 2003-2011 | Brad Henry Brad Henry Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002... |
| 30 | Glenn Coffee Glenn Coffee For the American football player, see Glen CoffeeVirgil Glenn Coffee is an American lawyer and Republican politician from the US state of Oklahoma. Coffee is currently the 30th Oklahoma Secretary of State, having been appointed by Governor Mary Fallin... |
Republican | 2011- | Mary Fallin Mary Fallin Mary Fallin is the 27th and current Governor of the U.S. state of Oklahoma. She was a U.S. Representative for from 2007 until 2011.... |