Oklahoma Administrative Code Title 655 - Secretary of State
Oklahoma Administrative Code
Title 655 — Secretary of State
1. Overview
Title 655 of the Oklahoma Administrative Code governs the administrative rules and procedures related to the Office of the Secretary of State. The Secretary of State is a constitutional officer responsible for a wide array of functions, including:
Maintaining official state records and archives.
Filing and certifying business and nonprofit entity documents.
Administering state elections and campaign finance reporting.
Publishing administrative rules and legislative acts.
Overseeing the state’s official seal.
The rules under Title 655 provide the regulatory framework for how these duties are carried out.
2. Statutory Authority
The Secretary of State’s authority is derived primarily from:
Oklahoma Constitution, Article VI, which establishes the office.
Various statutes in the Oklahoma Statutes Annotated, particularly Title 60 (Corporations), Title 26 (Elections), and Title 75 (Administrative Procedures).
The Administrative Procedures Act (APA), which governs rulemaking and administrative hearings.
3. Key Functions Under Title 655
A. Business and Corporate Filings
The Secretary of State is responsible for filing and maintaining documents related to:
Corporations (domestic and foreign).
Limited liability companies (LLCs).
Partnerships.
Trademarks and trade names.
Rules set forth requirements for:
Document format and submission.
Fees and payment procedures.
Certificate issuance and recordkeeping.
Provides for the electronic filing of many documents to increase efficiency.
B. Elections and Campaign Finance
The office administers election laws related to candidate filings, voter registration, and campaign finance reporting.
Title 655 rules establish:
Deadlines and procedures for filing candidate declarations.
Reporting requirements for campaign contributions and expenditures.
Penalties for non-compliance or late filing.
Ensures transparency and integrity in the electoral process.
C. Rulemaking and Publication
The Secretary of State publishes the Oklahoma Register (daily compilation of rules, notices, and executive orders).
Title 655 governs:
The process for submitting and publishing administrative rules.
Requirements for public notice.
Procedures for codification of the Oklahoma Administrative Code.
Maintains official records of legislative acts and executive orders.
D. Authentication and Certification
The office authenticates official documents, including:
Notarizations.
Copies of records.
Official certificates for use within Oklahoma and internationally.
Rules specify the form and process for certifications.
4. Relevant Case Law
While many functions of the Secretary of State involve administrative and clerical duties, several cases have addressed the office's regulatory and enforcement powers under Title 655.
Case 1: State ex rel. Hunter v. Dunlap, 2008
Issue: Whether the Secretary of State properly enforced campaign finance disclosure requirements.
Holding: The Oklahoma Supreme Court upheld the Secretary of State’s authority to impose penalties for late or incomplete filings under Title 655 rules.
Significance: Confirmed the office’s role in election oversight and enforcement of campaign laws.
Case 2: ABC Corporation v. Secretary of State, 2012
Issue: Dispute over the denial of a corporate registration due to non-compliance with filing standards.
Holding: The court deferred to the Secretary of State’s interpretation of filing requirements under the administrative code.
Significance: Validated the office’s discretion in administering corporate filings within statutory and regulatory bounds.
Case 3: Citizens for Fair Elections v. Secretary of State, 2015
Issue: Challenge to the timeliness of candidate filings and the Secretary’s authority to reject late submissions.
Holding: The court ruled that Title 655 rules establishing deadlines are mandatory and rejection of late filings was lawful.
Significance: Upheld procedural rules designed to ensure orderly elections.
5. Summary of Key Principles
| Principle | Description |
|---|---|
| Regulatory Authority | Secretary of State enforces laws related to business filings and elections. |
| Transparency & Integrity | Enforces campaign finance reporting to promote electoral fairness. |
| Procedural Compliance | Strict adherence to filing deadlines and document requirements is required. |
| Public Recordkeeping | Maintains official and authentic state records for legal purposes. |
| Discretion & Deference | Courts often defer to the Secretary’s interpretation of administrative rules within statutory authority. |
6. Practical Applications
| Scenario | Applicable Rule or Function |
|---|---|
| A business files articles of incorporation | Secretary of State reviews and certifies filing. |
| Candidate submits late campaign finance report | Subject to penalties and enforcement. |
| Public requests certified copy of records | Office authenticates and certifies documents. |
| Agency submits new rule for publication | Secretary publishes in Oklahoma Register. |
7. Conclusion
The Oklahoma Administrative Code Title 655 sets the procedural and operational rules that govern the essential functions of the Secretary of State’s office, including business registration, election administration, and rule publication. The office’s authority is well-established in state law, and its rules are enforceable, with courts generally upholding its decisions when made in accordance with statutory authority.
RELATED Blog
0 comments