County Clerk Functions
The Clerk of the Circuit Court (commonly called
the County Clerk) is a constitutional officer elected for a four-year
term by the voters of the county at large, but is prohibited from
serving more than eight years within a period of 1 2 years. For
services performed ex officio as secretary of the County Election
Board and clerk of the Board of Canvassers, the Clerk may receive
compensation equal to that of elected members of the election
board.
Functions of the Clerk include:
1. Attending, either in person or through one of his/her deputies,
all sessions of the Circuit Court and any other county courts.
2. Filing, recording, and entering all orders pertaining to civil,
juvenile, and criminal matters.
3. Issuing letters testamentary, letters of administration, and
letters of guardianship; recording wills, inventories of estates,
sales bills, inheritance tax orders, final accounts, and reports
of distribution in probate proceedings. Money to be held in trust
is kept with the Clerk.
4. Serving ex officio as a member and secretary of the County
Election Board, and as a member and clerk of the County Board
of Canvassers.
5. Appointing of other members of the County Election Board and
the Board of Canvassers. These appointments must be made one from
each of the two major political parties from nominations filed
in writing by the county chairmen of the parties.
6. Receiving filings of candidacy from persons seeking certain
elective public offices and issuing certificates of election to
successful local candidates, except in the cases of judges who
receive commissions from the Governor.
7. Notifying the custodian of alien property in Washington, D.C.
concerning any court action involving the property of an alien.
8. Change venue cases. Payment must be made to the Clerk
in the county of the original action prior to case being sent to other county.
Licenses and Fees: The Clerk issues marriage
licenses. He/She also collects license fees
from poultry dealers and junk dealers operating within the county.
Miscellaneous Duties: The Clerk receipts for
and pays out all support monies in dependent cases; files petitions
for court determination of time and place of birth and keeps these
birth certificate records, sending copies of the certificates
to the State Board of Health; administers oaths to appointed officers;
files and records notary bonds and applications for patents; distributes printed copies of
the state laws. In counties where there is no federal court, the
records of naturalization proceedings are kept by the Clerk. He
also serves as a member and secretary of the County Commission
on Public Records.
County Registration of Voters: Under the voter
registration law, the Clerk of the Circuit Court is ex officio
registration officer for the county in all counties having a population
of less than 10,000 except those that have established a Board
of Registration. The Clerk exercises control of registration of
voters within the county and has the power of appointment and
general supervision of deputy registration officers.
In counties having a population of 125,000 or more, the registration
of voters is handled by a Board of Registration appointed by the
county chairmen of the two major political parties. Counties with
a population of under 125,000 may establish such a board by majority
vote of the County Commissioners 60 days before the next primary,
general or city election. If not a candidate for office, the Clerk
may be appointed to this Board, but does not receive any additional
compensation. Other appointive members receive salaries set by
the County Commissioners within ranges established by law. The
precinct committeemen and vice-committeemen of the two major political
parties serve as ex- officio deputy registration officers. Other
deputy registration officers may be employed to a maximum number
of two per precinct.
Elections: Local police and firemen may be appointed
and serve in any office. They may also be candidates for elected
offices. In addition, if they are not in uniform and not on duty,
they may solicit votes and campaign funds and challenge voters
for the office for which they are candidates. The new legislation
applies to all officeholders holding offices on the effective
date of this act.
Vacancies in Elective Offices: Vacancies in all
elected county, township, city and town, except the offices of
Prosecuting Attorney, Clerk of the Circuit Court, and Judge of
any court, shall be filled for the unexpired term by a caucus.
To be eligible as a member of a caucus, a person must:
1. be a member of the same political party as the officer who
vacated the office which is to be filled;
2. be the precinct committeeman of a precinct in which voters
are eligible to vote for the officer who vacated the office which
is to be filled; and
3. have been a precinct committeeman continuously for a period
beginning 30 days prior to the dale the vacancy occurred until
after the caucus has adjourned. However, in the event that no
person at all is eligible as a member of a caucus under Items
2 and 3 of this section, the chairman shall be deemed to be an
ex officio member of the caucus and be entitled to vote.
Budget Estimates: The Clerk of the Circuit Court
must prepare budget estimates of the following matters:
1 . Amount required to pay expenses of cases tried in other counties
on changes of venue such as are chargeable under the law against
the county from which the change is taken.
2. Amount required for the operation of his own office and courts,
and for
