Tennessee Secretary of State
Encyclopedia
The Tennessee Secretary of State is the state secretary of state
for the State of Tennessee
.
The office is created by the Tennessee State Constitution
. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee
. The current Secretary of State is Tre Hargett
.
in a joint convention. "Joint convention" means that the 99 state Representatives
and 33 state Senators
sit as a single body and cast individual votes. A majority of the 132 votes (67) is thus required for election. As this office is elected on a partisan
basis, this means that the party having an overall majority of members in the two houses will elect its nominee secretary of state. Since Reconstruction, in Tennessee this invariably resulted in the secretary of state being a Democrat
until 2009, when the Republicans
had the majority of seats in the General Assembly. The election of the secretary of state occurs in the cycle opposite to that of the election of the governor of Tennessee; in other words the term of the Tennessee Secretary of State is roughly coincident with that of the President of the United States
, generally beginning and ending only a few days earlier.
Tennessee's method of selection stands in contrast to that of nearly all other U.S. states, where the secretary of state is generally either popularly elected on a statewide basis or appointed by the governor
. In contrast to the practice of some states, in Tennessee the secretary of state is not high in the order of succession to the governorship; the speakers
of the Senate and House
are the first two in line.
Secretary of State is one of only three state "constitutional officers" other than governor under the Tennessee Constitution; most other states have more. In contrast to this office, the other two, State Treasurer and Comptroller (a position similar to State Auditor in many other states), are elected by the joint convention to two-year terms. There are no constitutional limits on the number of terms to which a person can be elected to any of these offices. The office headed by the secretary of state is officially styled the "Tennessee Department of State".
, not the executive branch
, of government. Duties of the secretary of state's office include the chartering of corporation
s, the registration of trademark
s and service mark
s, and the administration of election
s. The secretary of state also publishes the biennial Tennessee Blue Book
, the official guide to all three branches of Tennessee State Government, and other state publications including the publication of all public and private acts enacted by the General Assembly. The secretary of state is further charged with the regulation of charitable solicitations
, the operations of the state library and archives
, and the administration of the state Economic Commission on Women. To discharge the above duties, the Tennessee Department of State employs several administrative law judge
s.
, Secretary of State Edward H. East
succeeded to the governorship when Andrew Johnson
, who had served as military governor, became Vice President of the United States
on March 4, 1865, and served as governor until April 5, when William "Parson" Brownlow
was inaugurated as governor. Interestingly, the official Tennessee Blue Book, published by the secretary of state's office, does not include East on its list of governors. As the Tennessee General Assembly ceased to meet during the Civil War and much of the ordinary process of government ceased effective function in the state, East had been appointed Secretary of State by Johnson. Those who recognize East's governorship do so on the theory that the was the highest-ranking remaining state official once Johnson had become Vice President.
The most prominent secretary of state in Tennessee history was probably Joe C. Carr
. Carr served on three different occasions for a total of 27 years in the office, far longer than anyone else; in addition, his wife held the office while he was in military service during World War II
. As secretary of state and thus the official responsible for conducting elections in the state, he was the nominal defendant in the famous 1962 Supreme Court
case Baker v. Carr
, in which the Supreme Court held that Congressional
and legislative districts had to be of substantially equal populations in order to comply with the "equal protection" provision of the Fourteenth Amendment to the United States Constitution
(the so-called "one man one vote" decision). (Carr's name as defendant was merely ex officio; the General Assembly, not the secretary of state, was responsible for setting the district boundaries, Carr's responsibility was to publish the resulting map and conduct elections accordingly.)
In the 1970s and 1980s the secretary of state's office was given the responsibility for issuing and administering bingo
licenses. An investigation into irregularities in the issuance of these licenses (Operation Rocky Top
) resulted in several indictment
s and the suicide
of then-Secretary of State Gentry Crowell
. As a result, bingo was made illegal in Tennessee, which it remains as of 2008.
The current secretary of state, Tre Hargett
, has served since January 2009. He had previously served as Minority Leader in the Tennessee House of Representatives
.
Secretary of State (U.S. state government)
Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...
for the State of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
.
The office is created by the Tennessee State Constitution
Tennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee....
. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. The current Secretary of State is Tre Hargett
Tre Hargett
Tre Hargett is an American Republican Party politician who currently is serving as the Secretary of State of Tennessee. He is the son of Tennessee Adjutant General Gus L. Hargett, Jr.-Education:...
.
Selection process
According to the Tennessee Constitution of 1870, the Secretary of State is to be elected to a four-year term by the General AssemblyTennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
in a joint convention. "Joint convention" means that the 99 state Representatives
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
and 33 state Senators
Tennessee Senate
The Tennessee Senate is the upper house of the Tennessee state legislature, which is known formally as the Tennessee General Assembly.The Tennessee Senate, according to the state constitution of 1870, is composed of 33 members, one-third the size of the Tennessee House of Representatives. Senators...
sit as a single body and cast individual votes. A majority of the 132 votes (67) is thus required for election. As this office is elected on a partisan
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
basis, this means that the party having an overall majority of members in the two houses will elect its nominee secretary of state. Since Reconstruction, in Tennessee this invariably resulted in the secretary of state being a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
until 2009, when the Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
had the majority of seats in the General Assembly. The election of the secretary of state occurs in the cycle opposite to that of the election of the governor of Tennessee; in other words the term of the Tennessee Secretary of State is roughly coincident with that of the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, generally beginning and ending only a few days earlier.
Tennessee's method of selection stands in contrast to that of nearly all other U.S. states, where the secretary of state is generally either popularly elected on a statewide basis or appointed by the governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
. In contrast to the practice of some states, in Tennessee the secretary of state is not high in the order of succession to the governorship; the speakers
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Senate and House
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
are the first two in line.
Secretary of State is one of only three state "constitutional officers" other than governor under the Tennessee Constitution; most other states have more. In contrast to this office, the other two, State Treasurer and Comptroller (a position similar to State Auditor in many other states), are elected by the joint convention to two-year terms. There are no constitutional limits on the number of terms to which a person can be elected to any of these offices. The office headed by the secretary of state is officially styled the "Tennessee Department of State".
Duties
As the secretary of state is elected by the legislature, in Tennessee the secretary of state's office is considered to be part of the legislative branchLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, not the executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, of government. Duties of the secretary of state's office include the chartering of corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, the registration of trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s and service mark
Service mark
A service mark or servicemark is a trademark used in some countries, notably the United States, to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used...
s, and the administration of election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s. The secretary of state also publishes the biennial Tennessee Blue Book
Tennessee Blue Book
The Tennessee Blue Book is an official government manual for the U.S. state of Tennessee, published by the Secretary of State of Tennessee.The Blue Book is typically published on a biennial basis...
, the official guide to all three branches of Tennessee State Government, and other state publications including the publication of all public and private acts enacted by the General Assembly. The secretary of state is further charged with the regulation of charitable solicitations
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
, the operations of the state library and archives
Tennessee State Library and Archives
The Tennessee State Library and Archives , established in 1854, currently operates as a unit of the Tennessee Department of State. According to the Tennessee Blue Book, the Library and Archives "collects and preserves books and records of historical, documentary and reference value, and encourages...
, and the administration of the state Economic Commission on Women. To discharge the above duties, the Tennessee Department of State employs several administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
s.
In history
According to some historians, during the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, Secretary of State Edward H. East
Edward H. East
Edward Hazzard East , also known as E. H. East, served as Secretary of State for the U.S. state of Tennessee from 1862-1865, having been appointed by Andrew Johnson, the military governor of the state under Union occupation during the American Civil War...
succeeded to the governorship when Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
, who had served as military governor, became Vice President of the United States
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
on March 4, 1865, and served as governor until April 5, when William "Parson" Brownlow
William Gannaway Brownlow
William Gannaway "Parson" Brownlow was an American newspaper editor, minister, and politician who served as Governor of the state of Tennessee from 1865 to 1869 and as a United States Senator from Tennessee from 1869 to 1875...
was inaugurated as governor. Interestingly, the official Tennessee Blue Book, published by the secretary of state's office, does not include East on its list of governors. As the Tennessee General Assembly ceased to meet during the Civil War and much of the ordinary process of government ceased effective function in the state, East had been appointed Secretary of State by Johnson. Those who recognize East's governorship do so on the theory that the was the highest-ranking remaining state official once Johnson had become Vice President.
The most prominent secretary of state in Tennessee history was probably Joe C. Carr
Joe C. Carr
Joseph Cordell Carr, Sr. , commonly known as "Joe C. Carr," was a Democratic Party politician in the state of Tennessee who served almost 27 years as Tennessee Secretary of State. -Early life:...
. Carr served on three different occasions for a total of 27 years in the office, far longer than anyone else; in addition, his wife held the office while he was in military service during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. As secretary of state and thus the official responsible for conducting elections in the state, he was the nominal defendant in the famous 1962 Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case Baker v. Carr
Baker v. Carr
Baker v. Carr, , was a landmark United States Supreme Court case that retreated from the Court's political question doctrine, deciding that redistricting issues present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases...
, in which the Supreme Court held that Congressional
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and legislative districts had to be of substantially equal populations in order to comply with the "equal protection" provision of the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
(the so-called "one man one vote" decision). (Carr's name as defendant was merely ex officio; the General Assembly, not the secretary of state, was responsible for setting the district boundaries, Carr's responsibility was to publish the resulting map and conduct elections accordingly.)
In the 1970s and 1980s the secretary of state's office was given the responsibility for issuing and administering bingo
Bingo (US)
Bingo is a game of chance played with randomly drawn numbers which players match against numbers that have been pre-printed on 5x5 matrices. The matrices may be printed on paper, card stock or electronically represented and are referred to as cards. Many versions conclude the game when the first...
licenses. An investigation into irregularities in the issuance of these licenses (Operation Rocky Top
Operation Rocky Top
Operation Rocky Top was the Federal Bureau of Investigation's code name for a public corruption investigation into the Tennessee state government in the late 1980s.-Investigation:...
) resulted in several indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s and the suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
of then-Secretary of State Gentry Crowell
Gentry Crowell
Gentry Crowell was a Tennessee Secretary of State whose office was a target of investigation in Operation Rocky Top and committed suicide during the investigation....
. As a result, bingo was made illegal in Tennessee, which it remains as of 2008.
The current secretary of state, Tre Hargett
Tre Hargett
Tre Hargett is an American Republican Party politician who currently is serving as the Secretary of State of Tennessee. He is the son of Tennessee Adjutant General Gus L. Hargett, Jr.-Education:...
, has served since January 2009. He had previously served as Minority Leader in the Tennessee House of Representatives
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
.
List of past Secretaries of State
The following have held the office of Secretary of State in Tennessee:- Daniel Smith, Territorial Secretary of Territory South of the River OhioSouthwest TerritoryThe Territory South of the River Ohio, more commonly known as the Southwest Territory, was an organized incorporated territory of the United States that existed from May 26, 1790, until June 1, 1796, when it was admitted to the United States as the State of Tennessee.The Southwest Territory was...
, 1792-1796 - William Maclin, 1796-1807
- Robert Houston, 1807-1811
- William Grainger BlountWilliam Grainger BlountWilliam Grainger Blount was a statesman from Tennessee, the son of William Blount and the nephew of Thomas Blount. He was born near New Bern, North Carolina in Craven County and attended the New Bern Academy....
, 1811-1815 - William Alexander, 1815-1818
- Daniel Graham, 1818-1830
- Thomas H. Fletcher, 1830-1832
- Samuel G. Smith, 1832-1835
- Luke LeaLuke Lea (1783–1851)Luke Lea was a two-term United States Representative from Tennessee.Lea was born in Surry County, North Carolina and moved with his parents in 1790 into what would become Hawkins County, Tennessee. As a young man he was a clerk for the Tennessee House of Representatives...
, 1835-1839 - John S. Young, 1839-1847
- W.B.A. Ramsey, 1847-1855
- F.N.W. Burton, 1855-1859
- J.E.R. Ray, 1859-1862
- Edward H. EastEdward H. EastEdward Hazzard East , also known as E. H. East, served as Secretary of State for the U.S. state of Tennessee from 1862-1865, having been appointed by Andrew Johnson, the military governor of the state under Union occupation during the American Civil War...
, 1862-1865 (appointed by Andrew JohnsonAndrew JohnsonAndrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
, Military Governor of Tennessee) - A.J. Fletcher, 1865-1870
- T.H. Butler, 1870-1873
- Charles N. Gibbs, 1873-1881
- David A. Nunn, 1881-1885
- John Allison, 1885-1889
- Charles A. Miller, 1889-1893
- William S. Morgan, 1893-1901
- John W. Morton, 1901-1909
- Hallum W. Goodloe, 1909-1913
- R.R. Sneed, 1913-1917
- Ike B. Stevens, 1917-1921
- Ernest N. Hasten, 1921-1937
- A.B. Broadbent, 1937-1941
- Joe C. CarrJoe C. CarrJoseph Cordell Carr, Sr. , commonly known as "Joe C. Carr," was a Democratic Party politician in the state of Tennessee who served almost 27 years as Tennessee Secretary of State. -Early life:...
, 1941-1944 - Mrs. Joe C. Carr (Mary Hart Carr), 1944-1945
- Joe C. CarrJoe C. CarrJoseph Cordell Carr, Sr. , commonly known as "Joe C. Carr," was a Democratic Party politician in the state of Tennessee who served almost 27 years as Tennessee Secretary of State. -Early life:...
, 1945-1949 - James H. Cummings, 1949-1953
- G. Edward Friar, 1953-1957
- Joe C. CarrJoe C. CarrJoseph Cordell Carr, Sr. , commonly known as "Joe C. Carr," was a Democratic Party politician in the state of Tennessee who served almost 27 years as Tennessee Secretary of State. -Early life:...
, 1957-1977 - Gentry CrowellGentry CrowellGentry Crowell was a Tennessee Secretary of State whose office was a target of investigation in Operation Rocky Top and committed suicide during the investigation....
, 1977-89 - Milton P. Rice, 1989-90
- Bryant Millsaps, 1990-93
- Riley DarnellRiley DarnellRiley C. Darnell was the Tennessee Secretary of State.Defeated for reelection to the state Senate in November, 1992, Darnell's political comeback was immediate...
, 1993-2009 - Tre Hargett (2009-)