Kentucky Secretary of State

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The Secretary of State for Kentucky is one of the constitutional officers of the U.S. state of Kentucky, responsible for business registration, preservation of state records, state election management and other administrative, fiscal and personnel tasks.[1]

Current officeholder

As of January 29, 2011, the current officeholder is Elaine Nogay Walker. Governor Steve Beshear tapped Walker to serve the remaining year of previous Secretary Trey Grayson's term, which ends in 2012. Grayson announced he would resign on January 7, 2011, to accept a position as director of the Institute of Politics at Harvard University's John F. Kennedy School of Government.[2] Walker pursued a full four year term during the 2011 elections, but was defeated during the May 17 primary by challenger Alison Lundergan Grimes.

Authority

The office of Secretary of State is established by Section 91 of the Kentucky Constitution. The Constitution prescribes only one duty for the Secretary of State: keeping a "fair register of ... all the official acts of the Governor." The other duties of the Secretary of State, as for all Kentucky state executives, are "as may be prescribed by law," and are thus not constitutionally enshrined.[3].

Kentucky Constitution, Section 91

A Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney-General, shall be elected by the qualified voters of the State... The duties of all these officers shall be such as may be prescribed by law, and the Secretary of State shall keep a fair register of and attest all the official acts of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto before either House of the General Assembly.

Qualifications

Per Section 91 of the Kentucky Constitution, the Secretary of State must be at least thirty years old and have been a resident of Kentucky for two years before election.[4]

Kentucky Constitution, Section 91

A ... Secretary of State ... shall be elected by the qualified voters of the State at the same time the Governor and Lieutenant Governor are elected ... for the term of four years, [who] shall be at least thirty years of age at the time of his election, and shall have been a resident citizen of the State at least two years next before his election.

Elections

The Secretary of State, like all Kentucky executive officers, is chosen in the year preceding a presidential election (e.g. 2003, 2007, 2011).[5] The incumbent is inaugurated on the first Monday in January after his election.[6]

Term of office

See also: States with gubernatorial term limits, State legislatures with term limits

A Secretary of State may only be elected to two consecutive terms and is ineligible to run for the four years following his second term. After those four years, he is free to run again.[7]

Duties

The Secretary of State's duties are administrative in nature.[8] Many involve keeping state records, from the registration of businesses to officially recording the acts of the Governor. The Secretary of State is also the repository of land grants and surveys through the State Land Office.

The Secretary of State's office also represents the state in various legal matters, from lawsuits involving foreign corporations to pursuing non-resident motorists who violate traffic laws.

Additionally, the Secretary serves as the Chief Election Officer of Kentucky, and is the chairman of the Kentucky Board of Elections. He is thus responsible for administrating state elections and publicizing and analyzing the result.

Other miscellaneous duties of the Secretary of State include appointing notaries public, issuing Kentucky colonel commissions, and keeping the Seal of the Commonwealth of Kentucky.

Divisions

The Secretary of State's office is composed of two divisions, the Division of Corporations and the Division of Administration.[9]

The Division of Corporations is divided into three departments:

  • The Business Filings Department is responsible for "administering the incorporation of businesses, both domestic and foreign, profit and nonprofit, including the administration of documents of merger, dissolution, name changes, and certain stock matters. This office is entrusted with filing, maintaining, and preserving certain historically significant documents and public records of the Commonwealth."[10]
  • The Business Records Department is responsible for "issuing certificates of existence, authorization, and certified copies of the original document that is on file with the Secretary of State. "[11]
  • The Uniform Commercial Code (UCC) Branch "serves as the state repository for financing statements regarding security interests. These financing statements are filed by banks, mortgage companies, and other lending institutions against secured collateral of individuals and other entities that are located within the state.[12]

The Division of Administration is responsible "for fiscal and personnel matters, public documents, legal affairs, and special projects and commissions." It also runs the State Land Office, the depository for land grants and surveys.[13]

Compensation

In 2010, the Secretary of State received compensation in the amount of $108,720.[14] Salary for the office is determined by statute, not the state's constitution, as is automatically adjusted upwards every year to adjust for inflation. Besides inflation adjustments, the last increase in salary occurred in 1976.[15]

Vacancy

The Kentucky Constitution allows the Governor to fill vacancies in all state executive offices, including the Secretary of State. Temporary commissions to fill the office expire after the next election.[16]

Electoral history

2011

General election

See also: Kentucky Secretary of State election, 2011

Businessman Bill Johnson and Lexington attorney Alison Lundergan Grimes will face off in the November 8 general election.

Secretary of State
Party Candidate Vote Percentage
     Republican Party Bill Johnson 0%
     Democratic Party Alison Lundergan Grimes 0%
Total Votes 0

Republican primary

Western Kentucky businessman and U.S. Navy veteran Bill Johnson edged out former U.S. Department of Agriculture official Hilda Legg to claim the Republican nomination in the May 17 primary.

Secretary of State -- Republican primary results
Party Candidate Vote Percentage
     Republican Party ApprovedaBill Johnson 50.42%
     Republican Party Hilda Legg 49.58%
Total Votes 131,714
NOTE: Hilda Legg requested a recanvass of the vote in the Republican primary, which was conducted on May 26. It did not change the result.[17]

Democratic primary

Lexington attorney Alison Lundergan Grimes defeated incumbent Elaine Walker handily to clinch the Democratic nomination; after leading considerably in fundraising for the entire primary season, Grimes claimed victory by over 11 points in the May 17 contest.

Secretary of State -- Democratic primary results
Party Candidate Vote Percentage
     Democratic Party Approveda Alison Lundergan Grimes 55.25%
     Democratic Party Elaine Walker 44.75%
Total Votes 154,610

2007

  • 2007 Race for Secretary of State - Republican Primary
    • Trey Grayson ran unopposed in this contest
2007 Race for Secretary of State - General Election [18]
Party Candidate Vote Percentage
     Republican Party Approveda C.M. "Trey" Grayson 57.1%
     Democratic Party S. Bruce Hendrickson 42.9%
Total Votes 1,011,156

2003

  • 2003 Race for Secretary of State - Republican Primary
    • Trey Grayson ran unopposed in this contest
2003 Race for Secretary of State - General Election [19]
Party Candidate Vote Percentage
     Republican Party Approveda C.M. "Trey" Grayson 52.5%
     Democratic Party Russ Maple 47.5%
Total Votes 1,006,429

Contact Information

Capitol Address:
Kentucky

Office of the Secretary of State
The Capitol Building
700 Capital Avenue
Suite 152
Frankfort, KY 40601

Phone: (502) 564-3490
Fax: (502) 564-5687

See also

Elections

External links

References

  1. ↑ Kentucky Secretary of State, Office Duties, accessed May 9, 2011.
  2. ↑ WHAS11.com: "Trey Grayson resigning to take job at Harvard," Jan. 7, 2011
  3. ↑ Kentucky Constitution, Section 91, accessed May 9, 2011
  4. ↑ Ibid.
  5. ↑ Kentucky Constitution, Section 95, accessed May 7, 2011.
  6. ↑ Kentucky Constitution, Section 91, accessed May 7, 2011.
  7. ↑ Kentucky Constitution, Section 93, accessed May 7, 2011.
  8. ↑ Kentucky Secretary of State, Office Duties, accessed May 7, 2011.
  9. ↑ Kentucky Secretary of State, Office Duties, accessed May 7, 2011.
  10. ↑ Ibid.
  11. ↑ Ibid.
  12. ↑ Kentucky Uniform Commercial Code Branch, accessed May 7, 2011.
  13. ↑ Kentucky Secretary of State, accessed May 7, 2011
  14. ↑ The Book of States<i>, Council of State Governments 2010, accessed May 7, 2010.
  15. ↑ Kentucky Revised Statutes 64.480, accessed May 7, 2011.
  16. ↑ Kentucky Constitution, Section 76, accessed May 7, 2011.
  17. ↑ Lexington Herald-Leader, "Legg concedes Republican Secretary of State primary to Johnson," May 27, 2011.
  18. ↑ Kentucky State Board of Elections - 2007 General Election Results
  19. ↑ Kentucky State Board of Elections - 2003 General Election Results
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