Maryland. Secretary of State.
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Maryland. Secretary of State.
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Maryland. Secretary of State.
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Biographical History
Maryland's loyalty oath was ruled unconstitutional by the Supreme Court in 1967 (88 Sup. Ct. 234).
The office of the Secretary of State was created in 1837 by constitutional amendment to replace the Governor's Council. The Secretary of State is appointed by the governor with the consent of the Senate. The term of office is concurrent with the governor's unless removed by the governor.
The Maryland Constitutions of 1851 and 1867 require the Secretary of State to "carefully keep and preserve a record of all official acts and proceedings." Furthermore, he is to "perform such duties as prescribed by law or properly belong to his office." These statements have resulted in the Secretary of State taking on a variety of responsibilities.
The role and responsibilities of the Secretary of State have changed over time. The early office kept records pertaining to everything from railroad charters to pardons to election results. Today the office is more streamlined with specific departments for charitable organizations, notaries public, and trademarks.
The Secretary of State continues to have a variety of responsibilities. The Secretary attests to the governor's signature on all public papers and documents as necessary and acts as a repository for all executive ordrs and proclamations and is responsible for their distribution. The office also maintains all records of commissions issued and appointed by the Governor and reports this information annually to the General Assembly. The Secretary of State receives petitions of referendum, and publishes them together with Constitutional amendments to be voted on in the general election. Election results and approved general assembly bills are filed by the secretary.
Parole pleas were heard by the governor and advertised out of the secretary's office. The Division of Parole and Probation assumed jurisdiction over paroles in 1941, except for those involving life sentences, which continue to come under the governor's jurisdiction.
From 1904 to 1910, the Secretary of State processed applications and issued licenses for motor vehicles (Chapter 518, Acts of 1904). Chauffers were required to obtain a license from the secretary which served as both registration and driver's license. In 1910, these duties were transferred to the Commissioner of Motor Vehicles.
Municipalities deposited copies of their charters and amendments adopted by local referendum with the secretary. These charters are currently filed with the Department of Legislative Reference. For varying periods of time in the 19th century and early 20th century the secretary also maintained charter records of railroads, foreign corporations, and domestic corporations.
Election regulations made by local boards of election were published regularly by the Secretary of State, who served as a member of the board of canvassers and published the results of elections held. Candidates seeking nomination to public or party office filed their certificates of candidacy with the local board or the Secretary of State, depending on the office. Candidates for President of the United States, state-wide offices, Congress, and State Senatorial candidates, filed with the Secretary of State, while local candidates filed locally. Certificates of candidacy are currently filed with the State Administrative Board of Election Laws created in 1969 (Chapter 555, Acts of 1969). The Secretary of State is responsible for placing names of candidates on the presidential ballot.
The offices' Division of Charitable Organizations regulates charitableorganizations which are required to register and file fiscal reports annually. Raffles of real property and other fund raising activities by charitable organizations are also regulated by the secretary.
Through the office's Division of Trademarks/Service Marks, Housing Authorities, Condominiums and Time-Shares, the secretary issues certificates of registration to applicant's wishing to register their trademark or service mark with the state; reviews articles of organization submittted by housing authorities and issues certificates of approval and organization (Chapter 330, Acts of 1990) under the Housing Authorities-Housing Cooperation law; and registers all residential condominiums under the provisions of the Maryland Condominium Act.
The Division of Notaries Public issues notary public commissions and administers the state's notary public statutes.
The Secretary of State administers the extradition process, by which one state surrenders a person accused or convicted of an offense to another state with authority to try the charge. The secretary also issues certifications of incumbency, manual signature registrations, and official copies of documents recorded in the secretary's office, and files disclosures of persons doing business with the state.
All administrative rules or regulations adopted by state officers or departments must be filed with the secretary of state who publishes them (Chapter 738, Acts of 1949). The Division of State Documents, created in 1974 within the office of the secretary, serves as the depository and publisher of these regulations in the Maryland Register and Code of Maryland Regulations (COMAR).
The Secretary of State serves as the governor's liaison to local governments, maintaining working relations with each of Maryland's municipalities and counties.
Records after 1920 were maintained the State Tax Commission.
Original applications were forwarded to the county boards of supervisors of elections after recordation. This record was discontinued in 1967,and applications were forwarded directly to the county offices without recordation.
Foreign corporations are organizations based outside the state of Maryland.
Foreign corporations are organizations based outside the state of Maryland.
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Civil War, 1861-1865
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