DELIVERABLE GROUP 3 House Legislative Oversight Review of S - - PowerPoint PPT Presentation
DELIVERABLE GROUP 3 House Legislative Oversight Review of S ecretary of S tates Office 1 Disclaimer: Updates to Program Evaluation Report In the course of preparing the Deliverable Group presentations, some data provided in the original
House Legislative Oversight Review of S ecretary of S tate’s Office
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In the course of preparing the Deliverable Group presentations, some data provided in the original Program Evaluation Report has been corrected. The presentations will reference the corrected data, and the Program Evaluation Report will be updated
presentations are concluded.
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Divisions Grouped in Deliverable Group 3:
Notaries, Authentications, Boards & Commissions
Legal Functions Related to Notaries, Authentications, Boards & Commissions
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The Division of Notaries, Authentications, Boards & Commissions encompasses a variety of areas, including:
Not aries Public Apost illes & Aut hent icat ions Oat hs & Commissions for Public Officials S t at e Boards & Commissions Execut ive Orders & Rat ified Act s Elect oral College
Notaries public are public officers of the state of S
commissioned to perform notarial acts.
Notaries are appointed by the Governor and commissioned by the S ecretary of S tate.
Notaries serve as impartial witnesses for the state in order to prevent fraud.
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S ection 26-1-15 requires that a person meet the following qualifications to serve as a notary public in S
Be registered to vote in S
Be able to read and write in the English language.
S ubmit an application with no significant misstatement or
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Under S ection 26-1-40, a notary public must take the oath of office prescribed by the S tate Constitution and record a copy of the
S ecretary of S tate.
The oath of office is included on the notary application.
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Applicant downloads not ary public applicat ion from S ecret ary of S t at e’s websit e. Applicant complet es applicat ion and forwards it t o t heir Legislat ive Delegat ion, wit h check for $25.00 filing fee made payable t o t he S ecret ary of S t at e. Legislat ive Delegat ion verifies t hat applicat ion is complet e, including checking wit h t he S t at e Elect ion Commission t o verify t hat applicant is a regist ered vot er. Legislat ive Delegat ion endorses applicat ion. Legislat ive Delegat ion forwards applicat ion t o t he S ecret ary of S t at e’s Not aries Division. The Not aries Division verifies and processes applicat ion. The Not aries Division print s commission and mails it t o t he newly appoint ed not ary public. Wit hin 15 days of receipt of commission, t he not ary public enrolls t heir commission wit h t he clerk of court in t he count y in which t hey reside.* 9 *The failure of a not ary public t o enroll t heir commission wit h t he clerk of court does not invalidat e t heir commission or t heir not arial act s.
Deliverable Nos. 127, 128 & 129
Notary public commissions have a duration
provided that the notary maintains the statutory requirements.
The application fee is $25.00 (for both new and renewal applications).
If a notary application is not complete or the applicant does not meet the statutory requirements for a notary, the application must be rej ected by the applicant’s Legislative Delegation or S ecretary of S tate.
10 Required by S .C. Code
§§ 26-1-10, -15
Cust omers: Not ary Public Applicant s Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalent s in 2017-18:
Out come S
Fulfill st at ut ory requirements of issuing commissions and maint aining record of not ary appoint ment s.
*Legislat ive int ent not expressly st at ed.
Deliverable Nos. 130 & 131
Change in S tatus/ Duplicate Commissions
A notary public must notify the S
ecretary of S tate within 45 days of a change in the notary’s name or address. The filing fee for a Change in S tatus form is $10.00.
A notary public may also use this form to request a duplicate commission.
Resignation
If a notary public resigns their commission, the notary must immediately
file a Change in S tatus-Resignation form with the S ecretary of S tate. There is no filing fee for this form. Death
If a notary public dies, the notary’s personal representative must notify
the S ecretary of S tate in writing and destroy or deface all notary seals of the decedent.
11 Required by S .C. Code
§§ 26-1-130, -140, -150
Cust omers: Not aries Public Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Maint aining accurate record of not aries public and prevent misuse of not ary seals following deat h or resignat ion of not ary.
*Legislat ive int ent not expressly st at ed.
12 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 8,693 8,498 8,693 8,276 6,906 7,036 6,883 6,394
Notary Application Filings
New Applicat ions Renewal Applicat ions
13 500 1,000 1,500 2,000 2,500 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 1,222 1,397 2,035 1,872 0* 13 92 88 0* 378 2,105 1,809
Change in S tatus, Resignation, and Rej ected Filings
Change in S tatus Forms Resignat ion Forms Rej ections *Rej ect ions and resignat ions not t racked in FY 2015-16
Deliverable No. 132
Upon receipt of a written request to verify whether an individual is commissioned as a notary public, the S ecretary of S tate will provide a verification letter regarding the individual’s status.
14 Provided under S .C. Code
§ 26-1-10
Cust omers: General Public Number of Cust omers S erved in 2017-18: 2 Tot al Employee Equivalents in 2017-18: 0.01 Out come S
Maint aining accurate record of not aries public and prevent misuse of not ary seals following deat h or resignat ion of not ary.
*Legislat ive int ent not expressly st at ed.
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The S ecretary of S tate also provides an online, searchable database of S
Carolina notaries public, which includes the notary’s name, county of residence, and commission expiration date.
Deliverable No. 133
Each fall, the S ecretary of S tate’s Office provides free seminars throughout S
educate notaries public and the general public on state laws governing notaries, including the application process, notary duties and responsibilities, and best practices.
16 Provided under S .C. Code
§§ 26-1-5, -10, -15, -20,
Cust omers: Not aries Public; General Public Number of Cust omers S erved in 2017-18: 798 Tot al Employee Equivalents in 2017-18: 0.22 Out come S
Educate notaries public and general public about laws governing not aries, including qualificat ions, dut ies, and prohibited activities.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 134
17 Provided under S .C. Code
§§ 26-1-5, -10, -15, -20,
Cust omers: Not aries Public; General Public Number of Cust omers S erved in 2017-18: Unknown Tot al Employee Equivalents in 2017-18: 0.04 Out come S
Educate notaries public and general public about laws governing not aries, including qualificat ions, dut ies, and prohibited activities.
In August 2017, the S ecretary of S tate’s Office began offering a notary public webinar on its website, so that notaries and members of the public could access the same information provided at the seminars from the comfort of their home or office.
*Legislat ive int ent not expressly st at ed.
In order to increase efficiency and conserve state resources, the S ecretary of S tate recommends that S ections 26-1-15 be amended and S ections 26-1-20 and 26-1-25 be repealed to allow notary public applicants to submit their applications directly to the S ecretary of S tate’s Office.
This would increase efficiency and conserve state agency resources by having
Processing time for applications could be reduced from 4 to 12 weeks to only 1 to 2 weeks.
Having only one office process applications would provide a single point of contact for citizens seeking to become a notary.
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Applicant downloads not ary public applicat ion from S ecret ary of S t at e’s websit e. Applicant complet es applicat ion and forwards it t o t heir Legislat ive Delegat ion, wit h check for $25.00 filing fee made payable t o t he S ecret ary of S t at e. Legislat ive Delegat ion verifies t hat applicat ion is complet e, including checking wit h t he S t at e Elect ion Commission t o verify t hat applicant is a regist ered vot er. Legislat ive Delegat ion endorses applicat ion. Legislat ive Delegat ion forwards applicat ion t o t he S ecret ary of S t at e’s Not aries Division. The Not aries Division verifies and processes applicat ion. The Not aries Division print s commission and mails it t o t he newly appoint ed not ary public. Wit hin 15 days of receipt of commission, t he not ary public enrolls t heir commission wit h t he clerk of court in t he count y in which t hey reside. 19
Applicant downloads notary public application from S ecretary of S tate’s website. Applicant submits application to S ecretary of S tate, along with the $25.00 filing fee. The Notaries Division verifies and processes application. The Notaries Division prints commission and mails it to the newly appointed notary public. Within 15 days of receipt
public enrolls their commission with the clerk
which they reside.
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The S ecretary of S tate’s Office is the state agency which authenticates documents to be sent to another country.
In order for the S ecretary of S tate’s Office to authenticate a document, it must be signed by a public official whose signature is on file with the S ecretary of S tate, which includes notaries public.
S
authentications are vital records, school transcripts, international adoption papers, etc.
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Certifications of documents being sent to a country that is a member of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents are called Apostilles.
Certifications of documents being sent to a country that is not a member of the Hague Convention are called Authentications, and require additional certification from the U.S . S tate Department.
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Example of Apostille
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Example of Authentication
Deliverable No. 135
25 Required by S .C. Code
§§ 26-1-200, -210, -220
Cust omers: General Public Number of Cust omers S erved in 2017-18: 10,095 Tot al Employee Equivalents in 2017-18: 0.30 Out come S
Provide evidence of t he aut hent icit y of a signat ure of a public official for document s being sent t o anot her nat ion. Cust omer submit s t he document and Apost ille or Aut hent icat ion request , along wit h a $5.00 fee, t o t he S ecret ary of S t at e. The S ecret ary of S t at e verifies t he signat ure of t he public official on t he document . The S ecret ary of S t at e at t aches an Apost ille or Aut hent icat ion t o t he document and ret urns it t o t he cust omer. The cust omer may send t he document direct ly t o t he dest inat ion count ry or t o t he U.S . S t at e Depart ment for furt her aut hent ication, depending on whet her t he dest inat ion count ry is a member of t he Hague Convent ion.
*Legislat ive int ent not expressly st at ed.
26 8,000 8,500 9,000 9,500 10,000 10,500 11,000 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 8,939 10,585 10,095 9,720
Number of Authentications and Apostilles Issued
Deliverable No. 136
Under S ection 26-1-230, the S ecretary of S tate must rej ect a request for an Authentication or Apostille in certain circumstances. For example:
The S
ecretary of S tate cannot authenticate documents that are not signed by a S
The S
ecretary of S tate cannot authenticate documents if the S ecretary has cause to believe that the authentication is sought for an unlawful or improper purpose (e.g. S
The S
ecretary of S tate cannot authenticate photocopies or documents that do not contain notarial certificate wording.
27 Required by S .C. Code
§ 26-1-230
Cust omers: General Public Number of Cust omers S erved in 2017-18: 453 Tot al Employee Equivalents in 2017-18: 0.12 Out come S
Prevent issuance of Aut hent icat ion
anot her st at e.
*Legislat ive int ent not expressly st at ed.
28 50 100 150 200 250 300 350 400 450 500 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 204 307 453 461
Number of Rej ected Authentication and Apostille Requests
The S ecretary of S tate’s Office files oaths of office and issues commissions to both elected and appointed officials.
For some offices, the S ecretary of S tate files bonds if required by statute.
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Deliverable Nos. 137, 138 & 139
Upon receipt of notification of the election or appointment of a
public official, the S ecretary of S tate will send a form containing an
Types of notification include certified election results from S
tate Election Commission and appointment letters from the Governor, General Assembly, or
Additionally, pursuant to S
ection 8-3-40, the S ecretary of S tate sends blank oath and bond forms to all county clerks of court following each general election.
The S
ecretary of S tate will issue a commission to the newly elected
bond (if required).
30 Required by S .C. Code
§ 1-1-1310, § 1-5-40, § 8-3-10, § 8-3-40
Cust omers: Elect ed Officials; Appointed Officials; Count y Clerks of Court Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Ensure t hat newly elect ed count y officials have access t o
requirement t hat public
before ent ering office.
*Legislat ive int ent not expressly st at ed.
31 200 400 600 800 1,000 1,200 1,400 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 1,099 992 839 1,188 46 46 Oaths sent t o Appointed Officials Oaths & Bonds S ent to County Officials
Oaths of Office S ent to Appointed Officials & County Clerks of Court
32 200 400 600 800 1000 1200 1400 1600 1800 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 965 1,219 780 1,732
Commissions Filed for Elected & Appointed Officials
Deliverable No. 140
The S
ecretary of S tate files bonds for certain elected officials as required by statute.
The S
ecretary of S tate also files bonds for special state constables pursuant to S ection 23-7-30.
Upon receipt of a bond, the S
ecretary of S tate forwards the bond to Attorney General for approval. Once approved, the Attorney General returns the bond to the S ecretary of S
ecretary of S tate retains a copy of the bond and forwards the original bond to the S tate Treasurer.
33 Required by S .C. Code
§ 8-3-140
Cust omers: At t orney General’s Office; S t at e Treasurer’s Office Number of Cust omers S erved in 2017-18: 2 Tot al Employee Equivalent s in 2017-18: 0.04 Out come S
Record copies of bonds and file
t at e Treasurer.
*Legislat ive int ent not expressly st at ed.
34 50 100 150 200 250 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 225 87 56 42
Total Number of Bonds Recorded for Elected Officials & Special State Constables
Deliverable Nos. 141 & 142
The S
ecret ary of S t at e files oat hs of office and issues commissions for cert ain law enforcement officers, including:
S
tate Constables
S
pecial S tate Constables
S
tate Law Enforcement Agents (S LED)
S
tate Patrol Officers
Department of Natural Resources Officers
35 Required by S .C. Code
§§ 23-3-10, -20; § 23-7-10; §§ 23-6-100, -120, -210; §§ 50-3-320, -330
Cust omers: S LED (including S LED Regulat ory Division); S pecial S t at e Const ables & Ent it ies S erved by S pecial S t at e Const ables; Depart ment of Nat ural Resources; Depart ment of Public S afet y Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalent s in 2017-18:
Out come S
File oat hs of office and issue commissions t o law enforcement officers as required by st at ut e.
*Legislat ive int ent not expressly st at ed.
36 200 400 600 800 1000 1200 1400 1600 1800 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 433 890 594 1,765
Total Number of Commissions Issued for Constables & Law Enforcement Officers
Deliverable Nos. 143 & 144
The S
ecret ary of S t at e issues cert ificat es of appoint ment t o Municipal Housing Aut horit y commissioners, upon receipt of not ice of appoint ment from t he municipalit y.
The S
ecret ary of S t at e issues cert ificat es of elect ion, along wit h commissions, t o persons elect ed t o t he Aeronaut ics Commission, Agricult ure Commission, and S t at e Board of Educat ion.
37 Required by S .C. Code §
31-3-340; § 13-1-1040; § 46-5-10; § 59-5-10
Cust omers: Municipal Housing Aut horit ies; Commissioners for Municipal Housing Aut horit ies; Aeronaut ics Commission; Agricult ure Commission; S t at e Board
Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalent s in 2017-18:
Out come S
Provide cert ificat es evidencing appoint ment of persons t o serve on municipal housing aut horities and st at e boards and commissions.
*Legislat ive int ent not expressly st at ed.
38 5 10 15 20 25 30 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 26 17 22 29
Total Number of Certificates of Appointment & Certificates of Election Issued
Under S ection 1-5-40, the S ecretary of S tate has the responsibility to monitor positions on state boards and commissions.
The S
ecretary of S tate is required to keep a public record of the membership of state boards and commissions and information related to their appointment including terms of office.
The S
ecretary of S tate must publicize vacancies, expired terms, and terms that are expiring within one year on a semiannual basis.
39
S ection 1-1-1310 requires each state board and commission to send written notification to the S ecretary of S tate’s Office of any appointment, election, resignation, or vacancy in its membership with two weeks of the change in membership.
This notification must include:
The statute or Executive Order authorizing the appointment or election; The board or commission’s contact information; The member’s name and position; The beginning and end date of the term; Whether the member is eligible for compensation; The name of the former member; and Whether the appointment or election is a re-appointment or re-election.
40
Deliverable No. 145
The S
ecretary of S tate’s Office provides a searchable S tate Boards and Commissions database that is accessible from the agency’s website.
The agency also provides on its
website listings of all vacant, expired, and soon-to-be expired terms that are updated daily.
41 Required by S .C. Code
§ 1-5-40
Cust omers: General Public; Elect ed Officials; Appoint ed Officials Number of Cust omers S erved in 2017-18: 5,196 Tot al Employee Equivalent s in 2017-18: 0.09 Legislat ive Int ent : Monit or all elect ed or appoint ed st at e boards and commissions t o ascert ain when vacancies occur, and publicize vacancies and expired t erms. (S ect ion 1-5-40)
Deliverable No. 146
Under S
ection 6-11-255, the membership of the governing body of a special purpose district may be increased by petitioning the county legislative delegation or county governing body.
This section only applies to special purpose districts created prior to
1975, located wholly within one county, and providing water, sewer or fire service.
The total number of members cannot exceed 10.
If petition is not affirmatively disapproved within 60 days of receipt,
the membership may file the petition with the S ecretary of S tate.
The S
ecretary of S tate then certifies the change of membership.
42 Required by S .C. Code
§ 6-11-355
Cust omers: S pecial Purpose Dist rict s Number of Cust omers S erved in 2017-18: 1 Tot al Employee Equivalent s in 2017-18: 0.01 Legislat ive Int ent : Provide for t he manner in which membership of governing body
dist rict s may be expanded. (2012 Act No. 146)
Deliverable No. 147
43 Provided under S .C. Const it ution Art icle 3, S ect ion 25 Cust omer: General Assembly Number of Cust omers S erved in 2017-18: 1 Tot al Employee Equivalent s in 2017-18: 0.01 Out come S
Fulfill const it ut ional requirement t o fill vacancies in t he General Assembly.
Article 3, S ection 25 of the S tate Constitution provides that when members of the General Assembly resign, die, or depart the state, the President of the S enate or S peaker of the House issues a writ of election and forwards it to the S ecretary of S tate.
The S ecretary of S tate signs the writ of election, stamps the writ, and forwards a copy to the legislature.
*Legislat ive int ent not expressly st at ed.
Deliverable Nos. 148 & 149
S ection 7-17-310 directs the S tate Election Commission to provide certified election results to the S ecretary of S
results are received, the S ecretary of S tate sends a copy of the results to the Clerk of the S enate, the Clerk of the House, and the Governor.
Alt hough S ect ion 7-17-310 requires t he S ecret ary of S t at e’s Office t o send cert ified elect ion result s t o t he elect ed individuals, t his is not done in pract ice since t he agency t ypically does not have mailing addresses for t he elect ed individuals prior t o t he filing of t he oat h of
In addit ion, t he agency does not publish cert ified elect ion result s in one or more newspapers as provided under S ect ion 7-17-320, since cert ified elect ion result s are published by t he S t at e Elect ion Commission on it s websit e and widely circulat ed by t he media.
44 Required by S .C. Code §§
7-17-310, -320
Cust omers: Clerk of t he S enat e; Clerk
Elect ed Officials; General Public Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Provide cert ified copy of elect ion result s t o Governor and elect ed officials.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 150
45 Required by 2 U.S .C. § 26; 2 U.S .C. § 1(a)-(b) Cust omers: Clerk of t he U.S . House of Represent at ives; President
. S enate; U.S . Represent at ives; U.S . S enat ors Number of Cust omers S erved in 2017-18: 0 Tot al Employee Equivalents in 2017-18: 0.00 Out come S
Fulfill federal requirement for cert ificat es of elect ion t o be signed by t he Governor, at t est ed by t he S ecret ary of S t at e, affixed wit h t he st at e seal, and sent t o U.S . House or S enat e.
Upon the election of members of Congress from S
ecretary
tate mails a certificate of election to the elected
tates House of Representatives, and the United S tates S enate.
*Legislat ive int ent not expressly st at ed.
In S
ecretary of S tate presides
46
How t he Elect oral College Works:
In the United S tates, the President and Vice President are elected by the Electoral College rather than by the popular vote.
In S
College representing the candidates for President and Vice President they prefer (although the names of the candidates appear on the ballot).
The electors representing the candidates who win the maj ority vote statewide are elected to the Electoral College.
S
members of t he Elect oral College according t o t he percent age of vot es act ually received by t he candidat es for President and Vice President .
Presently, S
candidate must win 270 or more electoral votes to win the election.
47
Deliverable Nos. 151 through 154
48 Required by §§ 7-19-70, -
80, -120
Cust omers: Polit ical Part ies; Chairs of Polit ical Part ies; Elect ors; S t at e Elect ion Commission; Governor Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Provide t he elect or vot es t o Congress as part of t he official record of t he elect ion of President and Vice President.
Political parties file notifications
presidential and vice presidential electors (and alternate electors) with the S ecretary of S tate. Each candidate for presidential and vice presidential elector must declare the candidates whom they would vote for, and file the declaration with the S ecretary of S tate. At least 60 days prior to the general election:
The Secretary of State’s Office mails elector declaration forms to each party chair listed on the State Election Commission’s website in late July or early August before the general election, so that the party can distribute the forms to their electors to complete and file with the Secretary of State. If a petition candidate will be on the ballot, the Secretary of State also sends elector declaration forms to that candidate.
*Legislat ive int ent not expressly st at ed.
Deliverable Nos. 151 through 154
Following receipt of the declarations of the electors for each political party, the S ecretary of S tate sends notifications of the nominated electors to the S tate Election Commission.
The electors selected by each certified political party are actually the candidates voted for on Election Day. Under S ection 7-19-70, each party’s candidates appear
the party’s individual electors. However, a vote for a party’s candidates is actually a vote for that party’s nine electors.
49 Required by §§ 7-19-70, -
80, -120
Cust omers: Polit ical Part ies; Chairs of Polit ical Part ies; Elect ors; S t at e Elect ion Commission; Governor Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Provide t he elect or vot es t o Congress as part of t he official record of t he elect ion of President and Vice President.
*Legislat ive int ent not expressly st at ed.
Before the Electoral College meeting, the S ecretary of S tate prepares certificates of vote to be signed by the electors at the meeting.
In addition, the Governor prepares nine certificates of ascertainment which set forth:
The names of the candidates for president and vice president; The names of the electors; and The number of votes received by each.
The Governor sends three certificates of ascertainment directly to the Archivist of the United S tates prior to the Electoral College meeting, and sends to the remaining certificates to the S ecretary of S tate.
The certificates of ascertainment are affixed to the certificates of vote at the Electoral College meeting.
50
51
Certificate of Vote
52
Certificate of Ascertainment
Deliverable Nos. 155 and 157
On the first Monday after the second Wednesday in December following the presidential election, at 11:00 AM, the S ecretary of S tate convenes the meeting of the S
At the meeting, each of the nine electors signs certificates of vote for President and Vice-President. The S ecretary of S tate then signs the certificates of vote to certify the election. Additionally, the certificates of ascertainment are affixed to the certificates of vote.
Under S ection 7-19-110, electors are entitled to mileage, subsistence and per diem to be paid from appropriations to the S ecretary of S tate’s Office.
53 Required by §§ 7-19-90,
Cust omers: Elect ors; General Public Number of Cust omers S erved in 2017-18:
Tot al Employee Equivalents in 2017-18:
Out come S
Record elect or vot es as part
elect ion of President and Vice President.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 156
Following the Electoral College meeting, the S ecretary of S tate delivers the certificates of vote and certificates of ascertainment to the following entities:
One certificate of vote and one certificate of ascertainment are mailed to the
President of the United S tates S enate.
Two certificates of vote and two certificates of ascertainment are mailed to the
Archivist of the United S tates.
One certificate of vote and one certificate of ascertainment are mailed to the
federal j udge of the district where the electors assembled.
The S ecretary of S tate also keeps two certificates of vote and two certificates
54 Required by §§ 7-19-100, -
120
Cust omers: President of t he Unit ed S t at es S enat e; Archivist of t he Unit ed S t at es; Federal j udge of dist rict where elect ors meet . Number of Cust omers S erved in 2017-18: 0 Tot al Employee Equivalents in 2017-18: 0.00 Out come S
Record elect or vot es as part
elect ion of President and Vice President.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 158
Under S ection 7-19-10, the S tate Election Commission may decertify a political party if the political party fails to:
Organize on the precinct level as provided by law Hold county and/ or state conventions Fails to nominate and/ or certify candidates for certain offices.
The S tate Election Commission must notify a decertified political party in writing at its last address of record.
If the notification is returned as undeliverable, then it must be placed on file with the S tate Election Commission and the S ecretary of S tate.
55 Required by § 7-9-10 Cust omers: S t at e Elect ion Commission; Polit ical Part ies Number of Cust omers S erved in 2017-18: 0 Tot al Employee Equivalents in 2017-18: 0.00 Out come S
Record Not ice of Decert ification by t he S t at e Elect ion Commission
*Legislat ive int ent not expressly st at ed.
Deliverable No. 159
Following county conventions, political parties must report their elected county officers to the clerk of court and the S ecretary of S tate’s
political party’s state convention.
Following state conventions, political parties must report their elected state officers to the S tate Election Commission and the S ecretary of S tate’s Office. The reports must be filed within 15 days of their election.
56 Required by §§ 7-9-80,
Cust omers: Polit ical Part ies Number of Cust omers S erved in 2017-18: 7 Tot al Employee Equivalents in 2017-18: 0.01 Out come S
File report s of polit ical part y
st at e convent ions.
*Legislat ive int ent not expressly st at ed.
In order to avoid duplication of functions among state agencies and county offices, the S ecretary of S tate recommends the following changes to election-related statutes:
Repeal of S ection 7-17-320 requiring that the S ecretary of S tate publish certified election results in one or more newspapers.
Amendment of S ection 7-9-10 requiring that undeliverable political party decertification notices be filed with both the S tate Election Commission and the S ecretary of S tate, to remove the filing requirement with the S ecretary of S tate.
Amendment of S ection 7-9-80 requiring that political parties file reports of their elected county officers with the clerk of court and the S ecretary of S tate, to remove the filing requirement with the S ecretary of S tate.
Amendment of S ection 7-9-100 requiring that political parties file reports of their elected state officers with the S tate Election Commission and the S ecretary of S tate, to remove the filing requirement with the S ecretary of S tate.
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Deliverable No. 160
Executive orders issued by the Governor are countersigned, sealed, and filed by the S ecretary
tate.
Once the S ecretary of S tate receives and signs the executive order, the S ecretary of S tate returns a copy to the Governor.
58 Provided under § 1-5-30 Cust omer: Governor Number of Cust omers S erved in 2017-18: 1 Tot al Employee Equivalents in 2017-18: 0.08 Out come S
Count ersign, apply st at e seal, and file execut ive orders issued by t he Governor.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 161
The S ecretary of S tate files ratified acts passed by the General Assembly.
Once the ratified acts are received, they are date-stamped with the S ecretary of S tate’s name and embossed with the S tate S eal.
59 Required by S .C. Const it ution, Art icle 3, S ect ion 18 Cust omers: Governor; Legislat ive Council; General Assembly Number of Cust omers S erved in 2017-18: 3 Tot al Employee Equivalents in 2017-18: 0.09 Out come S
File and apply st at e seal t o act s passed by t he General Assembly.
*Legislat ive int ent not expressly st at ed.
60 20 40 60 80 100 120 140 160 180 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 28 46 55 63 175 136 157 118
Number of Executive Orders and Ratified Acts Filed with the Secretary of State
Executive Orders Rat ified Act s
Deliverable No. 162
10 20 30 40 50 60 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19
Number of Bonds Certified
61 Required by §§ 11-15-20, 11-41-120 Cust omers: Law Firms; Purchasers of Bonds; Int erest ed Parties Number of Cust omers S erved in 2017-18: 47 Tot al Employee Equivalents in 2017-18: 0.04 Out come S
File and index submit t ed bonds as required by st at ut e.
The S ecretary of S tate files and indexes information related to the issuance of bonds from state agencies, and certifies board information in incumbency certificates to be included with transcript bonds.
The S ecretary of S tate attests to and affixes the state seal to state general obligations bonds issued pursuant to the S tate General Obligation Economic Development Bond Act.
*Legislat ive int ent not expressly st at ed.
Deliverable No. 163
The S ecretary of S tate’s Office frequently receives requests for regular and certified copies of appointment letters, oaths, bonds, acts, and notary applications that have been filed with the office.
Pursuant to S ection 1-5-50, the S ecretary of S tate may collect fees for the cost of searching for and making copies of records.
The fee for regular copies is $1.00 for the first page and $.50 for each additional
page.
The fee charged for certified copies is $3.00 for the first page and $.50 for each
additional page.
62 Provided under § 1-5-50 Cust omers: General Public Number of Cust omers S erved in 2017-18: 175 Tot al Employee Equivalents in 2017-18: 0.12 Out come S
Make filed documents available t o t he public upon request .
*Legislat ive int ent not expressly st at ed.
63 20 40 60 80 100 120 140 160 180 200 FY 2016-17 FY 2017-18 FY 2018-19
Number of Copies Provided through Notaries Division
$172 $496 $157 $0 $100 $200 $300 $400 $500 $600 FY 2016-17 FY 2017-18 FY 2018-19
Copy Fees Collected by Notaries Division
*Copy request s and f ees were not t racked by t he Not aries Division in FY 2015-16.
Document Requests for Division of Notaries, Authentications, Boards & Commissions
Performance Measure No. 5: Protect data and records and provide staff
additional tools to fulfill statutory duties. (Create database and applications for municipal incorporations, railroads, landlord-tenants, business opportunities and special purpose districts.)
Performance Measure No. 11: Provide notary staff in-house application to
gather data and more easily process applications.
Performance Measure No. 12: Improve search capabilities for customer
inquiries.
Performance Measure No. 13: Improve workflow for notary renewals and
updates.
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Performance Measure No. 14: Replace legacy system for notary
division.
Performance Measure No. 15: Replace legacy database for notary
division.
Performance Measure No. 23: Number of notary trainings provided
statewide.
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Performance Measure No. 5: Protect data and records and provide staff additional tools to fulfill statutory duties. (Create database and applications for municipal incorporations, railroads, landlord-tenants, business opportunities and special purpose districts.)
In FY 2014-15, the S ecretary of S tate launched a public officials database application that included special purpose districts. This performance measure relates to Deliverable No. 146, in which the S ecretary of S tate certifies changes in membership for special purpose districts.
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Performance Measure No. 12: Improve search capabilit ies for cust omer inquires.
In FY 2013-14, the S ecretary of S tate’s Office began development of a S tate Boards and Commissions Database that was accessible to appointing officials and the general public from the S ecretary of S tate’s website.
In addition to providing a searchable listing of state boards and commissions and their members, the database provides a listing of expired and vacant terms that is updated daily.
The S tate Boards and Commissions Database went live in FY 2014-15.
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Performance Measure Nos. 11, 13, 14 & 15: Provide notary staff an in- house application to gather data and more easily process notary applications; improve workflow for notary renewals and updates; and replace legacy system and legacy database for the Notaries Division.
In FY 2016-17, the S ecretary of S tate’s Office developed and launched a new Notaries Database.
This upgrade provided staff with improved capabilities to process notary applications and renewals for notaries public, including the capability to process and scan notary applications in one transaction.
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Performance Measure No. 23: Number of not ary t rainings provided st at ewide.
9 7 6 7 6 7 1 2 3 4 5 6 7 8 9 10 FY 2012-13 FY 2013-14 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19
Number of Notary Seminars Conducted
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Performance Measure No. 23: Number of not ary t rainings provided st at ewide.
In addition to the in person
notary seminars, the S ecretary of S tate’s Office began offering the notary public webinar on its website in August 2017.
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Notary Public Applications
($25.00*)
Notary Public Change in S
tatus Forms ($10.00**)
Apostilles & Authentications
($5.00***)
Copy Fees
Regular Copies: $1.00 for first
page and $.50 for each additional page
Certified Copies: $3.00 for
first page and $.50 for each additional page
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The Division of Notaries, Authentications, Boards & Commissions collects fee revenue from the following sources:
*Amount of fee has not increased since 1988. [1988 Act No. 658 (General Appropriat ions Act , Part II, S ect ion 3A)] **Amount of fee has not increased since 1983. [1983 Act . No. 151 (General Appropriat ions Act , Part II, S ect ion 8B)] ***In FY 2017-18, t he fee for issuing Aut hent icat ions and Apost illes increased from $2.00 t o $5.00. (S ect ion 26-1-220 allows t he S ecret ary of S t at e t o charge a reasonable fee t o issue an Aut hent icat ion or Apost ille)
72 50,000 100,000 150,000 200,000 250,000 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 $217,325 $212,450 $216,350 $206,900 $172,650 $175,900 $172,075 $159,850 $12,218 $14,040 $20,380 $18,720
Fees Collected for Notary Filings
New Applicat ions Renewal Applicat ions Change in S tatus Forms
73 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 $17,485 $20,618 $45,263 $48,600
Fees Collected for Authentications and Apostilles
*In FY 2017-18, t he fee for issuing Aut hent icat ions and Apost illes increased from $2.00 t o $5.00.
74 50 100 150 200 250 300 350 400 450 500 FY 2016-17 FY 2017-18 FY 2018-19 $172 $496 $157
Fees Collected for Copy Requests
*Copy request s and fees were not t racked by t he Not aries Division in FY 2015-16.
75 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 $419,678 $423,180 $454,564 $434,227 $203,659 $239,539 $186,298 $145,935
Comparison of Fee Revenue Collected by Notaries, Authentications, Boards & Commissions Division with Costs (Excluding Agency Operations)
Revenue Costs Excluding Agency Operations
Melissa Dunlap
Deputy S ecretary of S tate & Chief Legal Counsel (803) 734-2157 mdunlap@ sos.sc.gov
Shannon A. Wiley
General Counsel (803) 734-0246 swiley@ sos.sc.gov
Kataria Watkins
Director of Notaries, Authentications, Boards & Commission (803) 734-6045 kwatkins@ sos.sc.gov
Meredith Augustine
Deputy General Counsel (803) 734-0208 maugustine@ sos.sc.gov
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