Alabama. Secretary of State (1819- ).

The Secretary of State is a constitutional officer who has been elected for a term of four years since 1901, when the term was changed from two years. The Office dates from statutes contained in the Northwest Ordinance of 1787, which became the model for governing the Mississippi Territory.

The Secretary's duties in relation to the custody and distribution of documents were first prescribed in the Ordinance: to preserve the passed acts, public records of the district, and proceedings of the Governor, and to transmit them to Congress. The Constitution of 1819 further delineated his responsibilities: to keep a fair register of official acts and proceedings of the Governor, and when required, to lay these and relative papers, vouchers, and minutes before the General Assembly. In 1820 he and officials of the House and Senate selected legislative papers and placed them in his Office. He kept engrossed copies of laws through legislation in 1823. By 1827, unfinished legislative papers, specifically arranged, were deposited in and certified by his Office. Since 1854, the Secretary files 10 copies, of which one is bound, of any bill, joint resolution, or memorial ordered printed. He currently maintains 10 copies of the acts, journals, and codes issued prior to 1975, laws based on the Constitution of 1819 and acts of 1823 and 1856.

The Secretary's role as distributor of documents was enlarged in 1822 when he was directed to send copies of the acts and resolutions to federal, state, and county officials, and to other states for exchange. He also retained copies for use of the General Assembly. Over time, he was assigned to distribute various federal documents. The Secretary currently retains 150 copies of the acts and resolutions for executive and legislative use, and he distributes copies to federal officials and agencies, state departments, executive, legislative, judicial, and county officials, the Supreme Court Library, various universities, and the Supreme Court Librarian for exchange with other states.

According to the Code of 1852, the Secretary was directed to sell remaining copies of the Supreme Court reports. Since about 1867, he has had charge of all books for sale by the state. He may sell, publicly or privately, all remaining acts, journals, department reports, and books, except the Code of 1975. He also submits a financial account to the Governor. (Code 1975, 36:14:1-15)

General duties of the Secretary which were codified in 1852 and which continue in effect include: to keep the state seal, the original statutes and public records of the state, and the records and papers of the Legislature; to attest commissions and other public documents from the executive of the state; and to certify, on application and payment of fees, copies of all records, grants, papers, federal laws, and laws of other states.

Some of the Secretary's duties were transferred to other authorities. He was custodian of the Capitol (1823-1852) until the Governor's Private Secretary was made Keeper of the Capitol. He procured, distributed, or maintained standard weights and measures (1828-1923) until the Department of Agriculture and Industries assumed this function. His duties in relation to printing and contracting for books, stationary, the hire of servants, fuel, light, etc., for the Legislature, Executive, Supreme Court Judges, and state departments, which began in part in 1831, were transferred, for the most part, to the Board of Control and Economy in 1919. The Secretary recorded automobile registrations and collected license taxes from automobile owners and chauffeurs (1911-1919) until the State Tax Commission was re-created. He superceded the Oyster Protection Commission from 1915 until 1919, when the Oyster Inspector of the Department of Conservation took over this duty.

Ex-officio duties included: Commissioner of Insurance, 1897-1915; Capitol Building Commission, 1903-1945; Board of Pardons, 1901-1939; State Board of Assessment, 1877-1915; and State Licensing Board for the Healing Arts, 1960-1981.

The Secretary of State also had responsibilities relating to reports of state censuses and the publication of the several rates of interest in each state and territory, which began about 1848.

The Secretary files annually a financial statement with the Governor, who transmits it to the next Legislature. He currently serves on the State Records Commission and the Board of Adjustment.

Alabama. Secretary of State. Administrative Division.

According to the Government Manual (1982), the Division assists in the overall management of the Office and performs daily assignments. The Division has responsibilities for (1) the receipt, numbering, and filing of bills and resolutions passed by the Legislature; (2) attestation of official documents signed by the Governor; (3) the filing of Executive Orders, deeds, leases, and contracts entered into by the state; and (4) the maintenance of a registry of notary publics, architects, and engineers.

Alabama. Secretary of State. Board of Adjustment Division.

The Board of Adjustment was created in order to provide for payment by the state or any of its agencies for personal or property injuries or death occasioned by the state or any of its agencies where in law, justice, or good morals payment should be made. (Acts 1935, No. 546, p. 1164)

Under direction of the Board, as its secretary, the Secretary records and files in his Office the history, findings, and awards of cases, and he delivers a certified copy of the awards and findings to the comptroller. The Board supervises his reports on cases heard and determined, which state the substance of the claim, its disposition, and his classification of the case. (Acts 1939, No. 449, p. 602; Acts 1935, No. 546, p. 1164; Acts 1943, No. 421, pp. 386-87) (Code 1975, 49:9:60-84)

Alabama. Secretary of State. Corporations Division.

According to the Code of 1907, the Constitution of 1901 and later statutes, particularly an act in 1903, specified a complete change in procedures for the creation, organization, and management of corporations. The Constitution of 1901, Section 104, Subdivision 6, prohibited the Legislature from granting charters by private or local law, formerly the chief means of establishing corporations. The Act of 1903 consolidated many of the various statutes into one general, uniform law and provided for amending charters and consolidating existing corporations. (General Laws 1903, No. 395, pp. 310-41) The Constitution of 1875 had excepted from general law corporations formed for certain, specific purposes.

The Secretary of State had a role in relation to corporations as early as 1850, when the articles of incorporation of road construction companies were to be filed and certified by him. (Acts 1849-50, No. 22, pp. 54-62) His responsibilities increased as he was assigned duties (filing, recording, and/or preserving declarations, affidavits, certificates, and/or copies, and issuing commissions, certificates of incorporation, and/or certified copies) for other kinds of corporations: steamship or navigation,1851-52; street railroad, 1875-1886; railroad, 1875-76; banks and banking, 1880-81; and insurance, 1886.

In addition, with incorporated railroad companies, the Secretary was required to record a subscriber list and the proceedings of subscriber meetings as certified by the Probate Judge. (Code 1886) He also filed duplicate agreements for mergers and consolidations. (Code 1876) Insurance companies were also required to file copies of proceedings with the Secretary. (Code 1907)

In the instance of amended or altered charters, acts in 1888 and 1895 directed that business corporations file declarations with the Secretary, if the original was filed with the Secretary before 1867. (Code 1896)

Foreign corporations were required to furnish the Secretary at least one business address and the name of an agent in the state in 1887, legislation which gave force to Section 4 of Article XIV of the Constitution of 1875. (Acts 1886-87, No. 60, pp. 102-03)

Major revisions in corporation legislation since 1901 and 1903 have involved the Model Business Corporation Act. A third of the Model Act's provisions were incorporated in 1959. In 1980, inclusion by the Legislature of many of the omitted Model Act sections with other statutes served to strengthen the Alabama Act. These modifications, including those in 1901 and 1903, substantially form the basis of current corporation law.

The Secretary maintains an alphabetical list of domestic and foreign corporations whose statements, certificates, or articles of incorporation, applications for authority, copies of articles and certificates of dissolution (1984), and annual reports are filed in his office. Each corporation also continuously maintains a registered office and agent in the state.

The Secretary, in addition, files documents relating to corporate name registration and the reservation of names for exclusive use. He may authorize, withdraw, or revoke the certificates of foreign corporations. In the case of corporations created before 1901 or of mergers and consolidations, the Secretary will issue certificates upon delivery of the appropriate documents.

After the Probate Judge transmits copies of the certificate and certified articles of incorporation, the Secretary permanently records all documents filed in compliance with law and returns the executed copies to the corporation.

The Secretary also has responsibilities relating to non-business corporations, including the Alabama Port Authority, Bishop of the Diocese, Coosa Valley Development Authority, electric cooperatives, Elk River Development Agency, historical preservation authorities, industrial development authority and corporations, Institution Finance Authority;, public works improvement authorities, Synfuels Development Authority, Tombigbee Valley Development Authority, and unincorporated professional associations.

The Secretary furnishes the forms for all reports to be filed in his office. (Code 1975, 10:2A:1-339)

Alabama. Secretary of State. Elections and Registration Division.

Responsibilities of the Secretary of State relating to election returns date from the Constitution of 1819, Article VI, Section 15, when he was designated the recipient of election returns for officers to be commissioned by the Governor and for members of the General Assembly. The Code of 1852 identified commissioned officers as members of Congress, judges of the several courts, the Attorney General, Solicitors, Clerks of the Circuit and Superior Courts, Sheriffs, Justices of the Peace, the Secretary of State, Comptroller, and Treasurer. The Code of 1867 added Clerks of the City Courts. The Code of 1852 specified that returns for Governor be mailed to the Speaker of the House to the care of the Secretary and that returns for Presidential and Vice-Presidential electors be sent to the Secretary.

The Constitution of 1875, Article VIII, Section 7, authorized election returns for civil officers who are commissioned by the Governor, except the Secretary of State, Auditor, Treasurer, Attorney General, and members of the General Assembly, be made to the Secretary. The Constitution of 1901, however, added that returns for members of the Legislature be made to the Secretary and further excepted returns for the Superintendent of Education and the Commissioner of Agriculture and Industries. Amendment 284 provided for appointment of the Superintendent. The Code of 1975 states that the returns for Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, and Commissioner of Agriculture and Industries are forwarded to the Governor for the Speaker of the House. After the Speaker proclaims the results, the returns are filed with the Secretary and are subject to inspection by any state elector. (Code 1876, Section 295) The Secretary presents certificates of election to members of the Legislature and of Congress. (Code 1876, Section 294)

The Secretary of State has received election returns for constitutional amendments since ordered by the Constitution of 1819. Along with the returns, he receives a certificate of the total number of qualified electors who voted in the county. In the presence of the Governor and/or Attorney General, the Secretary opens the certificates and determines if the majority of electors who voted favor the amendment.

Legislation in 1867 divided the state into Senatorial Districts for General Assembly elections and into Congressional Districts. (Acts 1866-67, No. 576, pp. 626-27; Acts 1866-67, No. 572, pp. 623-24) In 1875 the Secretary superintended the state registration system and appointed county registrars. Duplicates of county registration lists were forwarded to the Secretary, who arranged them by precincts, wards, and counties, and had them bound. (Acts 1874-75, No. 17, p. 68) The Secretary also furnished the necessary blanks and forms. (Acts 1875-76, No. 24, pp. 112-14) Legislation in 1893 delegated the above duties to county probate judges and the Governor. (Acts 1892-93, No. 377, pp. 837-51) In the Constitution of 1901 and in 1903, however, his duties relating to the furnishing of forms and blanks of oaths, certificates of registration, and notices and of receiving a certified alphabetical registration list were more specifically restored. (Acts 1903, No. 480, pp. 438-79)

The Secretary had duties in relation to ties in elections as early as 1850 and with contested elections in 1819. (Acts 1849-50, No. 6, pp. 37-40; Acts 1819, p. 39.) At present, when ties occur in elections for Circuit Judge, Senator, Representative, or a state officer not provided for, the Secretary of State, in the presence of the Governor and other electors who choose to be present, decides the tie by lot. (Acts 1874-75, No. 18, pp. 76-101) Currently, in contested elections for certain executive and judicial officials, the Secretary files and records the bond of the contestant. (Code 1896, Section 1672)

Certificates of nomination for certain state and federal offices and certain nominating petitions must be filed with the Secretary, a function which began in part in 1893. The Secretary must also certify the nomination to the Probate Judge(s). (Acts 1892-93, No. 377, p. 837-51) Petitions to form a political party also must be filed with the Secretary.

Political parties file at least 150 copies of their emblem with the Secretary, who compares it with other party emblems, certifies its adoption with a proof copy to the Probate Judge, or rejects it. (Code 1907, Sections 374, 375, 379)

The filing of copies of resolutions and/or statements of political parties which declare their intentions to enter the primary or not are covered under the primary election law. (Acts 1931, No. 56, pp. 73-91) When delegates to national conventions are selected by a Presidential preference primary, a notice prescribing the procedure for listing the names of candidates and selecting delegates pledged under party rules is filed with the Secretary. The Probate Judge sends the Secretary certified copies of notices to hold meetings to nominate candidates or select delegates. (Acts 1975, No. 1196, Sections 39, 40) Also, in contested primary elections, the declaration of the result shall be forwarded by the state chairman to the Secretary, who files with the Probate Judge. (Acts 1931, No. 56, pp. 73-96)

Within five days after a candidate announces for state office, he files with the Secretary a statement naming from one to five persons to manage all moneys and a consent by such person(s). Candidates for national or state offices, representative in Congress, Judge or District Attorney of any judicial circuit, and political committees in support or opposition to measures submitted to the state popular vote must file detailed statements of expenditures and obligations, and include the names of contributors of amounts over ten dollars. (Acts 1915, No. 171, p. 250) (Code 1975, Title 17)

The Territorial Secretary had duties in relation to official bonds as early as 1803, when he filed the bond of the Territorial Treasurer. The Secretary of State, who inherited the responsibilities of the Territorial Secretary, was required by statute to file bonds of officials, at least those of clerks of the circuit courts, in 1819. (Toulmin, p. 757; Acts 1819, p. 47) In 1843 he informed solicitors of circuits of those officers who had failed to give bond. (Acts 1842-43, No. 30, p. 30)

The Secretary files the official bond of every state official, except the bond of the Secretary of State. They are recorded, indexed alphabetically by office title, and remain in the custody of the Secretary. He also files and records those bonds required through executive discretion of employees or agents. (Code 1975, 36:5:1-68)

In 1819 records of the oaths of office of the Secretary of State, Attorney General, Solicitors, and Judges of the Circuit Courts were required to be deposited in the Office of the Secretary. (Acts 1819, p. 86) In 1830 the Secretary was asked, with other state officials, to administer oaths of office to members of the General Assembly. (Acts 1830-31, p. 71.)

At the present time, the Secretary of State files in his Office oaths taken by the Governor, Judges of the Supreme, Appellate, and Circuit Courts, Auditor, Treasurer, Attorney General, District Attorney, or other office not limited to one county. This statute is substantially the same as provisions in the Code of 1852, Section 112, with the exception of the later modification that oaths of the Secretary of State be filed with the Auditor. A certificate of the officer administering the oath must accompany the oath. (Code 1975, 36:4:1-9)

The Constitution of 1819, Article IV, Section 13, directed that "all commissions shall be in the name, and by authority of the state of Alabama, be sealed with the state seal, signed by the Governor, and attested by the Secretary of State."

Officers required to obtain commissions include: the Judges of the several courts, Attorney General, District Attorneys, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Industries, Commissioner of Conservation and Natural Resources, Public Service Commissioners, Director of the Department of Revenue, Director of the Department of Finance, Commissioner of Corrections until 1979, Director of Industrial Relations, Director of the State Department of Pensions and Security, Clerks of the Supreme and Circuit Courts, Sheriffs, Tax Accessors and Collectors, County Treasurers and Commissioners, Constables, and other officers required to obtain a commission. The commission of the Secretary is signed by the Governor. (Code 1975, 36:2:6)

Alabama. Secretary of State. Lands Division.

The Secretary's statutory duties which relate to land records include:

(1) to record all grants and patents for real property belonging to the state and to attest patents signed by the governor (Acts 1821, p.57);

(2) to keep all books, maps, and papers pertaining to the survey of lands belonging to the state and papers belonging to the land office and to certify transcripts (Acts 1841, No. 49, p.43; Acts 1844-45, No. 109, p. 61; Code 1852, Section 56; Code 1958, 55:182);

(3) to keep the books, maps, and field notes of the late U.S. Surveyor General, as public archives, and to certify copies which shall be received as evidence in any state court. (Acts 1851-52, No. 26, p. 40) In 1863 the Alabama State Tract Books were transferred from the Comptroller of Public Accounts to the Commissioner of Public Lands. By 1864, the Office of Commissioner and Draftsman in the land office, created by state convention ordinance, was abolished, and its duties and records were moved to the Office of the Secretary, who would continue to enter descriptions of federal lands sold in the tracts and furnish a register to the county Probate Judge (Acts 1863-64, No. 132, p. 109; Acts 1864, No. 129, p. 101);

(4) to obtain annually lists of the entries of public lands from the U.S. General Land Office in order to complete the Alabama State Tract Books and to furnish Probate Judges a register of lands sold in their respective counties (Acts 1871-72, No. 18, pp.44-5);

(5) to furnish certified copies of the field notes of original surveys from records in his office, upon entering upon a contract with the county commissions (Acts 1874-75, No. 68, pp. 177-78);

(6) to issue patents for school lands (Acts 1855-56, No. 40, p. 29) From 1860 to 1876, the Secretary filed reports of the school lands sales in his office (Acts 1859-60, No. 113, p. 92; Acts 1875-76, No. 83, pp. 197-99);

(7) to file and record deeds and leases to the state, except tax sales deeds, and to furnish certified copies to any state government entity created by legislative act. (Acts 1943, No. 399, pp. 365-67) (Code 1975, 36:14:1; 16:20:3)

Alabama. Secretary of State. Public Documents Division.

According to the Government Manual (1982), the Division is concerned with the distribution of acts, journals, and codes, as well as warehousing. This function is discussed in the introductory section.

Alabama. Secretary of State. Trademarks Division.

Legislation in 1891 provided for optional registration of marks for containers used in the manufacture, bottling, or selling of beverages. Applicants filed with the Secretary and the Probate Judge. (Acts 1890-91, No. 319, pp. 700-03) The right to exclusive use of a trademark, under conditions, was granted in the Code of 1923 (10370). Effective in 1981, the Trademark and Service Mark Act significantly modified trademark law. (Acts 1980, No. 80-166, p. 236; Government Manual, 1982)

According to the Code of 1975, Comments, marks are acquired by use, and filing for registration is permissive, not mandatory. The Secretary has established without legislative directives an informal procedure for registration, and he must use his judgement when evaluating the registerability of a trademark.

The Secretary receives applications on forms provided by him. Upon the applicant's compliance with law, he issues a certificate of registration, which is admissable in any state court. He renews registrations and notifies of the need for renewal. Registrations in his office prior to 1981 were cancelled if not renewed. He keeps a public record of marks and records and certifies assignments and cancellations. (Code 1975, 8:12:1-44)

Alabama. Secretary of State. Uniform Commercial Code Division.

Article 9 of the Uniform Code, effective in 1967, is concerned with secured transactions, sales of accounts, and chattel paper. Revised Article 9 further regulates security interests in personal property and fixtures. (Acts 1965, No. 549, p. 811; Acts 1981, No. 81-312, p. 399)

The Secretary assists in the perfecting of security interests by the filing of financing statements with his Office, including statements of continuation, termination, assignment, amendment, and partial release. He validates the statements and handles requests for copies or information.

He maintains an alphabetical index file by debtor and a numerical file by statement. Certain statements may be filed with Probate Judges, but the Secretary will accept any filing if in the proper form and accompanied by the fee. (Code 1975, 7:9:401-407)

From the description of Agency history record. (Unknown). WorldCat record id: 145407176