History+of+Secretary+of+State

On July 25, 1868, the Fortieth Congress, Second Session, passed the Organic Act, A Temporary Government for the Territory of Wyoming. Although it would be nearly a year before that government was instituted in the territory, its framework and form was established by the act. Section 3 of the Organic Act provided for a Secretary of Wyoming Territory appointed by the president for a four-year term, unless removed prior to expiration of the term by the president. The duties of the secretary were to record and preserve all laws and proceedings of the territorial legislative assembly and the executive acts and proceedings of the governor of the territory, and annually, on or before December 1, transmit copies of the laws and the executive proceedings to the president, the Speaker of the U.S. House of Representatives, and the President of the United States Senate.
 * Administrative History of the Office of Secretary of State ** **Wyoming Blue Book Volume 5, Part 2**

During the twenty-one years that Wyoming was a territory, the legislative assembly, by law, assigned functions and duties to the secretary of the territory that were not specifically included in the Organic Act. Some of these functions carried over to the secretary of state when Wyoming joined the union in 1890, and have continued during the one hundred years of statehood. Two enactments of the first territorial legislative assembly, Chapters 8 and 25, Session Laws of the Territory of Wyoming, 1869, charged the secretary of the territory certify certificates of incorporation and to file and preserve them, as well as to attest to commissions of notaries public and to maintain records of these commissions -- duties still performed by the secretary of state.

From the territorial legislative sessions that followed the first one in 1869, the legal functions of the secretary of the territory were further expanded. By law, the secretary became the chief election officer of the territory, giving notices of elections, of an existing vacancy in the office of the territorial delegate to congress, of contested legislative elections to the presiding officers of the territorial council and House of Representatives, and of notices of expiration of legislators' terms. In addition, the territorial legislative assembly enacted bills which mandated the secretary serve as a member of the territorial canvassing board, and be responsible for obtaining election returns from the counties. Other territorial legislation made the secretary accountable for: the publication and distribution of the territory's laws; the endorsement and filing of officials' bonds; the arrangements for the accounting and settling of the accounts of territorial auditors and treasurers leaving office; and the certification of records copies. For performing these various services, Chapter 95, Session Laws of the Territory of Wyoming, 1882, authorized the secretary to charge fees, as set forth in the law.

The Wyoming State Constitution, ratified by the state's electorate on November 5, 1889, provided in Article 4, Section 11 for a secretary of state. The qualifications to hold the office, as stated in the constitution, were that the secretary of state be: a citizen of the United States, at least twenty-five years of age, and a qualified elector of Wyoming. The term of office was established as four years; the powers and duties of the secretary of state were to be prescribed by law, and the secretary of state was to be the keeper of the Great Seal of the State of Wyoming and to use it officially, as directed by law.

The First Wyoming State Legislature, with the passage of Chapter 95, Session Laws of Wyoming, 1890-1891, fixed the bond of the secretary of state, set forth the duties of the office, and established the fees which could be charged. Before undertaking the office, the secretary of state was required to take the oath of office prescribed by the constitution, and deposit a sureties bond in the sum of $10,000 with the state auditor. The secretary of state was required by the law to reside and maintain the office in Cheyenne, to have custody and control "of all public records, rolls, documents, acts, and resolutions" of the territorial legislative assembly and the state legislature, and to maintain "a register of all commissions issued and other official acts of the governor."

Other duties and authorizations of the secretary of state assigned by Chapter 95 were: to appoint a chief clerk who could perform any duties of the secretary of state prescribed by law; to pay postage on all official letters and public documents distributed by the office; to report and to provide information to the governor and to the legislature as requested, and allow free access to the office for inspection of all books, papers, records, and proceedings; to keep all public documents in the office unless called for by either house of the legislature, or by the governor; to have charge, care and custody of all state property, unless otherwise provided by law; to affix the seal of the state and countersign all commissions, other official acts, and instruments required by law, or authorized by the governor; to make, certify, and affix the seal of the state to copies of all public records deposited in the office, as requested by "every person"; and to maintain an abstract of all commissions and appointments of the governor, specifying the name of all appointees, the office conferred, and the district or county from which the appointment was made.

The First State Legislature also enacted Chapter 14, Session Laws of Wyoming, 1890-1891, which provided for the succession to the office of governor in the event of a vacancy in the office, and named the secretary of state first in line of succession to be followed by the president of the senate, the speaker of the house, the state auditor, and finally the state treasurer. To succeed to the office of governor, the secretary of state was required to meet the qualifications for governor, including being at least thirty years of age and having five years of residency in Wyoming, in addition to possessing the qualifications for the office of secretary of state specified by the constitution. During the one hundred years that have transpired since the enactment of Chapter 14, seven elected secretaries of state have succeeded to the office of governor because of a vacancy, and all secretaries of state have acted as governor when the elected governor was out of state.

During the century of Wyoming statehood, the basic duties and functions of the secretary of state have changed mainly only in scope and content. The enactment of new laws by the state legislature has usually focused on the volume of records and documents to be recorded and filed by the office, rather than the assignment of new functions.

Although the duties and functions of the secretary of state’s office did not change significantly, the secretary of state was assigned membership on numerous boards and commissions. These memberships altered his or her role in state government. By 1937, the secretary of state was serving on eleven different boards and commissions. These included the State Game Commission, the School Land Board, the State Land Board, the Land Settlement Board, the Fiscal Board, the Farm Loan Board, the State Canvassing Board, the Liquor Commission, the State Historical Board, the Board of Wills and Trust, and the Board of Deposits. The enactment of Chapter 63 in 1937, which assigned membership to all boards and commissions to the five state elected officials on which only two officials had previously been serving, further increased the board membership of the secretary of state.

Since 1937, however, there has been a trend to reduce the number of commissions and boards on which the five elected officials serve. In 1990, the secretary of state's membership on boards and commissions is down to seven: the Board of Charities and Reform, the Board of Land Commissioners, the Farm Loan Board, the Capitol Building Commission, the State Canvassing Board, the Liquor Commission, the Board of Wills and Trust, and the Board of Deposits. The current reorganization plan for the executive branch of state government will further reduce the number of boards and commissions on which the secretary of state serves when it is fully implemented.

At the present, 1990, the office of the secretary of state is organized into five divisions: corporations, securities, elections, notary, and publications and rules and regulations. The elected secretary of state, assisted by a deputy, provides general administration of the office, with division administrators and directors reporting to the secretary of state.

Despite business laws enacted by the legislature in 1989 and requiring new rules, regulations, and filing systems, the office of the secretary of state functions effectively.