A Guide to the Records of the Secretary of the Commonwealth, 1996-2006 Secretary of the Commonwealth, Records of 42418, 42513 and 42630

A Guide to the Records of the Secretary of the Commonwealth, 1996-2006

A Collection in
the Library of Virginia
Accession Number 42418, 42513 and 42630


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Library of Virginia

The Library of Virginia
800 East Broad Street
Richmond, Virginia 23219-8000
USA
Phone: (804) 692-3888 (Archives Reference)
Fax: (804) 692-3556 (Archives Reference)
Email: archdesk@lva.virginia.gov(Archives)
URL: http://www.lva.virginia.gov/

© 2008 By The Library of Virginia. All Rights Reserved.

Processed by: Roger Christman

Repository
The Library of Virginia
Accession Number
42418, 42513 and 42630
Title
Records of the Secretary of the Commonwealth, 1996-2006
Extent
100 cu. ft (290 boxes)
Creator
Virginia Secretary of the Commonwealth
Language
English

Administrative Information

Access Restrictions

Clemency Files (pardon files, pardon files-denied) and Restoration of Rights Files (restoration of rights files, and restoration of rights files-denied) contain confidential and privacy-protected information. Access is restricted for 75 years after date of creation per Code of Virginia 42.1-78.

Use Restrictions

Extradition Requisition and Rendition files may contain confidential and privacy-protected information.

Preferred Citation

Records of the Virginia Secretary of the Commonwealth, [cite specific date and accession used]. State Records Collection, The Library of Virginia.

Acquisition Information

Jonathan Young, Office of the Secretary of the Commonwealth, Patrick Henry Building, 1111 East Broad Street, Richmond, VA 23219, transferred 18 January 2006 (accession 42418), 27 February 2006 (accession 42513), and 12 April 2006 (accession 42630).

Biographical/Historical Information

The Office of the Secretary of the Commonwealth has evolved from early colonial times when there existed a Secretary of the Colony. Thomas Nelson held the position of the first Secretary of Virginia in 1776. Early Secretaries were elected by the public. An Act of the General Assembly in 1920 changed the election to a joint vote of the General Assembly. In a 1930 Act the duties of the Secretary were redefined with the Secretary of the Commonwealth serving as the ex officio secretary of the Governor, as custodian of many official State records, and as keeper of the Greater and Lesser Seals of the Commonwealth. The office of the Secretary has gradually acquired other functions, such as: service of out-of-state civil process; appointment and regulation of notaries public; and registration and oversight of lobbyists. The Office became a gubernatorial appointment subsequent to a 1958 Act of the Assembly. The Secretary of the Commonwealth is under the jurisdiction of the Governor's Office. The Secretary is appointed by the Governor for a term of four years. Currently the Secretary of the Commonwealth is responsible for gubernatorial appointments, clemency and restoration of civil rights requests and extraditions. Additional activities include: serving as ex officio Secretary to the Governor; serving as keeper of the seals of the Commonwealth; compiling and publishing the annual Blue Book; commissioning and regulating notary publics, including the publication of a Notary Handbook and conduct of disciplinary hearings; promulgating the lobbying disclosure requirements, registration of lobbyists, and recording of lobbying reports; servicing the civil process of out-of-state defendants and other parties; and authenticating and certifying the records of the courts and of any state agency.

Scope and Content

The Secretary of the Commonwealth, Records, are housed in 290 boxes. The collection is arranged into ten (10) series. Series have been designated for: I Appointment Calendars; II. Correspondence and Supporting Documentation; III. Executive Papers; IV. Registration of State Agency Logos, Devices and Slogans; V. Clemency: Pardon Files; VI. Clemency: Pardon Files-Denied; VII. Extradition Requisitions and Renditions; VIII. Notary Public Register; IX. Restoration of Rights Files; and X. Restoration of Rights Files-Denied. These records include affidavits, agendas, appointment calendars, certificates, executive orders, invitations, judicial records, legal files, letters (correspondence), medical records, memorandums, notes, oaths, petitions, transcripts, warrants and writs. These records primarily document the clemency activities of the Warner Administration (2002-2006).

Arrangement

This collection is arranged into the following series:

Series I. Appointment Calendars: Secretary, 2002-2005 Series II. Correspondence and Supporting Documentation: Office of the Secretary, 2001-2005 Series III. Executive Papers, 2002-2006 Series IV. Registration of State Agency Logos, Devices and Slogans, 2000-2005 Series V. Clemency: Pardon Files, 2002-2005 Series VI. Clemency: Pardon Files-Denied, 1996-2006 Series VII. Extradition Requisitions and Renditions, 2002-2005 Series VIII. Notary Public Register, 2002-2005 Series IX. Restoration of Rights Files, 1996-2006 Series X. Restoration of Rights Files-Denied, 1997, 2003-2006

Contents List

Series I. Appointment Calendars: Secretary , 2002-2005 (accession 42418) .
Boxes 1-4
Extent: 28 folders.

Series contains invitations to Secretary Rimler and related materials pertaining to various events, speaking engagements, meetings and conferences. Secretary Rimler or one of her assistants, Marilyn Mandell or Jo Ann Pulliam, noted on the invitation if she planned to attend. Events attended by Secretary Rimler often include additional registration and contact information. The files are generally arranged chronologically by the date of the engagement, though some invitations/conference material appear to have been filed separately.

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Series II. Correspondence and Supporting Documentation: Office of the Secretary , 2001-2005 (accession 42418) .
Boxes 4-9
Extent: 2.10 cu. ft.

Series consists of incoming and outgoing correspondence and supporting documentation from the Office of the Secretary of the Commonwealth. The files are arranged alphabetically by topic. The majority of the correspondence consist of constituent correspondence and thank you notes and letters. Notable documents include: memorandum dated 21 July 2002 from Robert M. Blue, Counselor, to Governor Mark R. Warner, summarizing current Virginia law and processes for restoring the right to vote, process for restoring the right to vote in other states, and the policy change recommendations of Blue, Anita Rimler and Secretary of Public Safety, John Marshall; correspondence between Rimler and Delegate Brad Marrs pertaining to his Freedom of Information Act requests concerning the Warner Administration's policies on the restoration of rights (fall 2004); and meeting agendas, notes and documents for HJR 159 (2002), the Joint Subcommittee to Study the Operations, Practices, Duties and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and other Governmental Entities.

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Series III. Executive Papers , 2002-2006 (accession 42418) .
Boxes 10-20
Extent: 3.68 cu. ft.

Series documents certain official actions of Governor Mark R. Warner during his administration. The files are arranged alphabetically by type of record. Records include gubernatorial appointment announcement letters, lists of appointments submitted to the General Assembly for confirmation, Executive Orders, gubernatorial and judicial appointment oaths, board resignation letters and writs of election. The announcement letters are from the Governor to Secretary of the Commonwealth Rimler requesting that she prepare a commission of appointment. They are arranged chronologically. The lists of appointments were compiled five times a year (during General Assembly session, June, August, October and December) and were submitted to the General Assembly for confirmation. The gubernatorial and judicial appointment oaths and board resignations are arranged by date and then by first letter of surname.

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Series IV. Registration of State Agency Logos, Devices and Slogans , 2000-2005 (accession 42418) .
Boxes 21-25
Extent: 1.58 cu. ft.

Series documents the registration of logos, state mottos or slogans of state agencies through a form signed by the Secretary of the Commonwealth. This series includes records from the final two years of the administration of Governor James S. Gilmore (2000-2001) and the Warner Administration (2002-2005). The files are arranged chronologically by date filed and registered. Nearly all of the records concern the registration of Virginia Lottery scratch-off tickets and each application form contains an example of the ticket.

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Series V. Clemency: Pardon Files , 2002-2005 (accession 42413) RESTRICTED FOR 75 YEARS .
Boxes 26-30
Extent: 1.58 cu. ft.

Series documents the pardons granted by Governor Mark R. Warner during his term (2002-2006). Each pardon file usually includes a copy of pardon letter, parole board investigation, Virginia Criminal Information Network reports, Executive Clemency Review Form, recommendation letters or other supporting documentation, and in the case of medical furloughs or pardons, medical records. The files are arranged alphabetically by name. This series contains confidential and privacy-protected information. Access is restricted for 75 years after date of creation per Code of Virginia 42.1-78.

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Series VI. Clemency: Pardon Files-Denied , 1996-2006 (accessions 42418, 42513 and 42630) RESTRICTED FOR 75 YEARS .
Boxes 31-87, 285-287
Extent: 21.76 cu. ft.

Series documents the pardons denied by Governor's George F. Allen (1996-1998), James S. Gilmore (1998-2002) and Mark R. Warner (2002-2006). The files are arranged into four subseries: Allen and Gilmore and Warner, 1996-2002, Medical Denials, 1996-1998, 2001, Warner, 2003-2006 and Capital Punishment files, 2002-2006. The files are arranged alphabetically (1996-2002 and 2005-2006) and chronological by date of last action taken such as a denial letter or request to pardon board for an investigation (2003-2004). In some instances there are two files - one filed by date of last action and a second file by date of denial. Capital Punishment clemency files are arranged chronologically by date of execution or action taken by Governor. This series contains confidential and privacy-protected information. Access is restricted for 75 years after date of creation per Code of Virginia 42.1-78.

Each pardon filed usually includes a copy of the pardon denial letter from the Secretary of the Commonwealth, parole board investigation, Virginia Criminal Information Network reports, Executive Clemency Review Form, and recommendation letters or other supporting documentation. A small number of applicants included photographs of themselves and/or family.

Most, but not all, capital punishment files contain a clemency petition (either a letter or a formal document), legal files (trial transcripts, court rulings, execution orders, etc.) and correspondence from interested parties. Some also include memorandum about the petition by the Counselor to the Governor, Robert M. Blue (2002-2005) to Governor Warner, handwritten by Blue concerning the case and police and prison files.

Notable denied pardon files include: Elizabeth Renee Otte (denied 10 October 2002), Davey James Reedy (denied 14 January 1998 and 9 September 2004), Dustin Turner (denied 28 November 2005) and a request to amend Earl Washington's 2000 absolute pardon (denied 2 December 2005).

Notable denied capital punishment clemency files include: Percy Levar Walton (execution stayed by U.S. Supreme Court, 27 May 2003) and Bobby Wayne Swisher (executed 22 July 2003).

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Series VII. Extradition Requisitions and Renditions , 2002-2005 (accessions 42418 and 42513) .
Boxes 88-136
Extent: 16.8 cu. ft.

Series consists of extradition and requisitions issued during the final days of Governor James S. Gilmore's term and Governor Mark R. Warner's administration (2002-2006). The files are arranged into two series: requisitions and renditions. A requisition documents Virginia's request of another state to return a fugitive to Virginia's jurisdiction. A rendition documents another state's request of Virginia to return a fugitive to the requesting state's jurisdiction. The files are arranged by year and alphabetical therein. This series contains confidential and privacy-protected information and some information may be redacted.

A typical requisition file contains an application from the Commonwealth's Attorney, a formal request by the Governor for extradition, and the Governor's request of one or more law enforcement officers to retrieve the fugitive. The Commonwealth's Attorney's application usually includes: copies of the indictment or arrest warrant with supporting affidavits and a statement of facts in support of a Governor's Warrant. Some files include a photograph of the subject of the requisition.

A typical rendition file contains a formal request for extradition from another state's governor, correspondence from the Office of the Attorney General to the Office of the Governor concerning the extradition request, and a copy of the notice of extradition sent by the Secretary of the Commonwealth to the wanted individual. The request for extradition usually includes: copies of the indictment or arrest warrant with supporting affidavits and an appointment of agent by the Governor. Some applications may include a photograph of the fugitive. Also included in each files is a Rendition Fact Sheet completed by the Secretary of the Commonwealth. The Rendition Fact Sheet lists date received, jurisdiction, fugitive's name and address, attorney's name and address, date charged as a fugitive, disposition of fugitive warrant, next scheduled court appearance on fugitive warrant, fugitive status (in custody or out on bond), list of pending Virginia charges and disposition and contact information for requestor.

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Series VIII. Notary Public Register , 2002-2005 (accessions 42418) .
Boxes 137
Extent: 0.35 cu. ft.

This series consists of an annual printout that documents the registration of persons appointed to be notaries public by the Secretary of the Commonwealth between 2002 and 2005 and the date they were appointed.

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Series IX. Restoration of Rights Files , 1996-2006 (accessions 42418 and 42513) RESTRICTED FOR 75 YEARS .
Boxes 138-274
Extent: 47.60 cu. ft.

Series documents the restoration of rights that were granted by Governor Mark R. Warner (2002-2006). Also included are files for a few restoration of rights granted by Governors George F. Allen (1996) and James S. Gilmore (1998-2002) that were not previously transferred to the Library of Virginia. The files are arranged into two subseries: Allen and Gilmore, 1996-2002 and Warner, 2002-2006. Each file includes a copy of the restoration of rights certificate, original application, recommendation letters, parole information, and police record checks. The files are arranged by year and alphabetically by name therein. This series contains confidential and privacy-protected information. Access is restricted for 75 years after date of creation per Code of Virginia 42.1-78.

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Series X. Restoration of Rights Files - Denied , 1997, 2003-2006 (accessions 42418 and 42513) RESTRICTED FOR 75 YEARS .
Boxes 275-284, 287
Extent: 3.50 cu. ft.

Series documents the restoration of rights applications that were denied by Governor Mark R. Warner (2002-2006). Also included are a handful of applications denied by Governor George F. Allen (1994-1998). Each file includes a copy of the original application, rejection letter, recommendation letters, parole information, and police record checks. The files are arranged by year and alphabetically by name therein. This series contains confidential and privacy-protected information. Access is restricted for 75 years after date of creation per Code of Virginia 42.1-78.

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