Oklahoma Secretary of State


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 the only appointed constitutional member of the executive branch of the Oklahoma state government. The office of Secretary of State was elective from statehood until 1975 when the Constitution was amended and it became an appointive office, running concurrent with the Governor effective in 1979.
Democrat John Rogers served the longest in office, having been elected three times to serve. He only served eight and one-half years, however, when he resigned just six months after taking office for the third time for a four-year term. The shortest term of any Secretary of State was just nine days, served by H.G. Oliver in 1915. He was appointed to fill the job after the resignation of B.F. Harrison. He left office when newly elected S.L. Lyon took office on January 15, 1915. Although she was named as "interim" by Governor Mary Fallin and served only one month, Republican Michelle Day is considered the 31st Secretary of State.

Constitutional Requirements

The Oklahoma Constitution sets the requirements to hold the office of Secretary of State: the appointee must be 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

The Governor appoints, with confirmation by the Oklahoma Senate, the Secretary of State to serve a four-year term that runs concurrently with the term of the Governor. As the office is not elective, a Secretary of State may succeed himself/herself in office as many times as the Governor-elect appoints and the state Senate confirms him or her.

Official Duties

Executive Functions

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 pardons and paroles, including revocation of same are recorded and filed in the Office of the Secretary of State. Extraditions, 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.
As required by the Oklahoma Administrative Procedures Act and Executive Order 88-16, the Secretary of State is responsible for overseeing and operating the Office of Administrative Rules. ORA files all rules, rule making notices, and executive orders issued by all state agencies and the Governor. OAR collects all such rules and represents them to the Governor for his approve or disapproval. With very limited exceptions, no agency rule may be enforced until it is filed with OAR, approved by the Governor, and then published by OAR.
The most important, though ceremonial, function of the Secretary of State is to "sacredly preserve" the original State Constitution 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 initiatives, petitions, and referendum 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 Judiciary. 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:

Organization

The Office of Administrative Rules 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 codifying the permanent rules and executive orders for publication in The Oklahoma Administrative Code. 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.
DivisionNumber of Employees
Administration Division11
Business Services Division14
Executive and Legislative Services Division3
Central Filing Division5
Office of Administrative Rules4
Total37

Budget

The Office of the Secretary of State's budget is generated primarily be fees it generates from the entities it regulates. Agency fees make up 90% with the remaining 10% coming from annual appropriations from the Oklahoma Legislature.
For fiscal year 2011, each of the operating units of the Bureau operate with the following budgets:
DivisionFunding
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

Salary

The annual salary of the Secretary of State is set by law at $90,000.

Agencies Overseen

The Secretary of State oversees the following state entities:
"I,......., do solemnly swear 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 that I will faithfully discharge my duties as Secretary of State of Oklahoma to the best of my ability."

Office-Holders

Statewide Election
#NamePartyTerm
1Bill CrossDemocratic1907–1910
2Thomas SmithDemocratic1910–1911
3B. F. HarrisonDemocratic1911–1915
4H. G. OliverDemocratic1915
5S. L. LyonDemocratic1915–1919
6Joe MorrisDemocratic1919–1923
7Richard A. SneedDemocratic1923–1927
8Graves LeeperDemocratic1927–1931
9R. A. SneedDemocratic1931–1935
10Frank C. CarterDemocratic1935–1939
11C. C. ChilderDemocratic1939–1943
12Frank C. CarterDemocratic1943–1946
13Kathrine MantonDemocratic1946–1947
14Wilburn CartwrightDemocratic1947–1951
15John D. ConnerDemocratic1951–1955
16Andy AndersonDemocratic1955–1959
17John D. ConnerDemocratic1959–1959
18William N. ChristianDemocratic1959–1963
19James M. BullardDemocratic1963–1967
20John RogersDemocratic1967–1975

Gubernatorial Appointment
#NamePartyTermGovernor
21Jerome ByrdDemocratic1975–1979David L. Boren
22Jeannette EdmondsonDemocratic1979–1987George Nigh
23Hannah D. AtkinsDemocratic1987–1991Henry Bellmon
24John KennedyDemocratic1991–1994David Walters
25Glo HenleyDemocratic1994–1995David Walters
26Tom ColeRepublican1995–1999Frank Keating
27Mike HunterRepublican1999–2002Frank Keating
28Kay DudleyRepublican2002–2003Frank Keating
29M. Susan SavageDemocratic2003–2011Brad Henry
30Glenn CoffeeRepublican2011–2013Mary Fallin
31Michelle DayRepublican2013Mary Fallin
32Larry ParmanRepublican2013Mary Fallin
31Chris BengeRepublican2013–2016Mary Fallin
32Mike HunterRepublican2016–2017Mary Fallin
–Tod Wall
Republican2017Mary Fallin
33Dave LopezRepublican2017–2018Mary Fallin
34Jim WilliamsonRepublican2018–2019Mary Fallin
35Michael RogersRepublican2019–presentKevin Stitt