Texas Secretary of State, Statutory Filings Division, Statutory Documents Section:

An Inventory of Secretary of State Election Registers (a.k.a. Appointment Registers) at the Texas State Archives, 1837-2007

Agency History

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following: maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; and maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Statutory Filings Division (known as the Business and Public Filings Division since 2002) is composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), and assists the secretary in most of his/her duties not related to elections.

The Statutory Documents Section records the charters of home rule cities; files amendments of charters of incorporated towns and villages; appoints, reappoints, and commissions all notaries public for the state (since 1940); files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts; files the constitutional statement of bribery; issues cards to all labor organizers in the state; files labor union annual reports; registers business opportunity sellers in Texas; registers health spas, athlete agents, and credit service organizations; licenses and regulates automobile clubs; files deeds of cession; etc.

Although the creation of election or appointment registers was not specifically required by law during the Republic, the Texas Constitution of 1836 provides for election returns for "officers who are to be commissioned by the President" to be made to the Secretary of State. The maintenance of election registers during the Republic may have been an extension of this function.

On May 9, 1846, the 1st Texas Legislature approved an act "to define the duties of Secretary of State," which among other things required the Secretary of State "in a separate book, suitable for the purpose," to "keep a complete register of all the officers appointed and elected in the State."

Scope and Contents of the Records

The Secretary of State is required by Texas law to keep a complete register of all the officers appointed and elected in the State. Election registers are created to document the election of officials to state, district, and (through 1976) county office, and the appointment of officials to boards and commissions. Beginning consistently in 1884, until 1978, the election registers were also used to record election returns for statewide and district offices and constitutional amendments. These records are registers listing elected and appointed officials of the Republic of Texas and the state of Texas, dating 1837-2007.

Three registers cover the Republic, 1837-1846. The earliest, 1837-1842, is a working ledger with entries in several hands. The second is a very incomplete listing of officials in office May 1, 1838. The third, 1842-1846, is written in one hand and appears to be a fair copy of an original list done at a later date. Information given in the first and third Republic registers includes date of election or appointment, name of person and office held, and usually the date of confirmation and/or commissioning. The first register also includes a register of passports issued, 1838-1842.

Information in the post-annexation election registers usually consists of the following: office; name; residence (post office/town); dates elected, appointed, confirmed, qualified, commissioned, and/or term expires; and remarks. The appointed offices and elected statewide and district offices usually come first in the register, followed by county offices (county judge, school superintendent, county clerk, county treasurer, county attorney, county surveyor, sheriff, county tax assessor/collector, justices of the peace, constables, inspector of hides and animals, county commissioners, etc.). Registers do not provide these county officers after 1976.

Finally, beginning consistently in 1884 but ending in 1978, election registers provide county-by-county election returns (giving the total number of votes cast in each county for each candidate on the ballot for presidential electors, statewide and district offices, and for each proposed constitutional amendment). No election returns are given for county offices. Elections for which returns are given include general elections, special elections and runoff elections, and (1956-1978) primary elections.

A note about chronology: From at least 1884 onward, each register is designated by an even-numbered year, e.g. "1920 Election register." But the data recorded in each register sometimes predates, and usually postdates, that biennial year, e.g. "1974 Election register, 1966-1975." This reflects considerable overlapping of data (from one register to another) in the election/appointment portion.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

Restrictions

Restrictions on Access

Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

The majority of volumes are restricted due to their physical condition, so researchers must use the microfilmed copies of those volumes. In those cases only the microfilm reel numbers are given in the inventory that follows.

Microfilm readers are available in the Lorenzo de Zavala State Archives and Library Building. Ask staff members for exact locations.

Related Material

Administrative Information

Preferred Citation

(Identify the item), Texas Secretary of State election registers (a.k.a. appointment registers). Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1932/004, 1938/008, 1965/029, 1979/021, 1984/001, 1990/159, 1994/132, 1998/260, 2009/034

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Secretary of State on December 21, 1932; January 3, 1939; November 8, 1965; by the Administrative Division of the Secretary of State on October 16, 1978; by the Statutory Documents Section of the Secretary of State on September 1, 1983; by the Executive Division of the Secretary of State on August 4, 1994; by the Statutory Documents Section of the Secretary of State on August 25, 1998; and September 29, 2008; and by the Records Management Division of the Texas State Library and Archives Commission (the 35 mm microfilm) on June 21, 1990.

Processing Information

Lists prepared by State Archives staff, various dates

Original finding aid prepared by Paul Beck, September 1994

Finding aid encoded in EAD Version 2002 by Tony Black, September 2003

Revisions to "Other Formats for Records" field by Tony Black, January 2005

Corrections and further encoding to DACS standards, and new accession added by Tony Black, October 2008

Index term and links added by Tony Black, February 2011.

Appraisal Information

These records were appraised as archival by an in-house appraisal of Secretary of State (Republic of Texas) records on January 16, 1998. See that appraisal report online at http://www.tsl.state.tx.us/arc/appraisal/sosrepublic.html#34 or in paper in the State Archives reading room.

Other Formats for the Records

The originals of the volumes dating 1837-1970 were microfilmed (on 35 mm microfilm) in 1990 by the Records Management Division of the Texas State Library and Archives Commission. Those dating 1972-1980 were microfilmed (on 16 mm microfilm) at an unknown date by the Secretary of State, and were subsequently duplicated by the State and Local Records Management Division of the Texas State Library and Archives Commission. The reels (all 36 of them) are available through interlibrary loan (see http://www.tsl.state.tx.us/arc/electionreg.html); contact your local librarian for details. Note: reel numbers for purposes of interlibrary loan are different from the reel numbers listed in this finding aid.

The first 31 reels are also available for purchase; contact the State and Local Records Management Division, Texas State Library and Archives Commission. (See the "Records and Publications on Microfilm" section in the website.)

The following equivalency chart will be helpful in matching Archives reel numbers listed in this finding aid with TSLAC Catalog reel numbers:

Detailed Description of the Records