What Is A County Recorder?
This election year will feature a write-in race for this county office
Staring tomorrow, voters can turn out to the Board of Elections in the old County Courthouse and cast their vote in November’s General Election. And while there is plenty of discussion, television commercials and direct mail advertising for those offices at the top of the ticket, there are interesting races down ballot.
One of those down ballot races is a write-in election between David Norman and Samuel Pierce for County Recorder. Former County Recorder Jessica Lopez recently resigned, and that resignation came too late in the election cycle to have candidates have their name on the ballot. Rather, voters will be faced with a blank line. Voters will need to fill in the bubble and write-in the name of the candidate they would like to see hold the office.
And to add to the perplexity of this race, there is very little discussion on what exactly a County Recorder does and what role the position plays in County Government. Today, this newsletter will look deeper into the role and give local voters a better understanding of the skills, knowledge and abilities someone needs to perform this critical job.
The Decentralized Nature of County Government
If you look into how county government in our state was established and how it still operates today, one will notice that county government is extremely decentralized. There is nobody, let alone one person, that leads the decision-making processes in county government. There is no further evidence in this than seeing the large number of executive offices that are elected every four years in county government. These executive officials are responsible for managing and leading a specific part of the county government operation. For example, there is a County Auditor, County Engineer, County Treasurer and yes, County Recorder, just to name a few.
The County Recorder plays a critical role in the administration of county government in Ohio. To understand their responsibilities and significance, it's important to delve into the history, role, and specific duties of the county recorder in the context of Ohio's county government.
The office of the County Recorder has a rich history that dates back to the early establishment of Ohio's county governments. The concept of recording deeds and other legal documents is an English common law tradition, which the United States inherited. In Ohio, the position of county recorder was established as part of the state's original constitution in 1803. This was a period when the recording of land transactions, deeds, and other legal documents was becoming increasingly important due to the growing population and the subsequent need for orderly land distribution and ownership.
The Recorder’s Role in County Government
The County Recorder's role is one of many roles that are integral to the functioning of county government in Ohio. This role is primarily administrative but carries significant legal responsibilities. The recorder's office serves as a repository for numerous public records, most notably land records. This includes the recording of deeds, mortgages, land contracts, easements, and other documents related to real estate.
One of the key aspects of the recorder's role is to ensure the integrity and accuracy of these records. The office is responsible for preserving these documents, which are essential for legal ownership and transfer of property. The accessibility of these records is also crucial, as they must be available to the public for inspection. The recorder's office facilitates searches of these records for title companies, surveyors, attorneys, and the public, playing a vital role in property transactions and legal research.
Responsibilities and Duties
The responsibilities of the County Recorder in Ohio are diverse and detailed primarily in Chapter 317 of the Ohio Revised Code. These major responsibilities include:
Recording and Preservation of Documents: The primary duty is to record and preserve various legal documents, especially those related to real estate transactions. This includes deeds, mortgages, easements, and liens.
Ensuring Public Access: Ensuring that these records are accessible to the public is a legal requirement. The recorder's office manages databases and physical records to facilitate easy access.
Maintaining Integrity of Records: The recorder is responsible for ensuring the integrity and accuracy of all documents filed in the office. This involves a thorough review process to ensure compliance with state laws.
Providing Assistance and Information: The office assists the public, legal professionals, and government agencies in accessing and understanding these records. It often involves guiding research and providing certified copies of documents.
Fee Collection and Financial Management: The recorder's office collects fees for document filing and copies, which are then used to support the operations of the office and sometimes contribute to the county's general fund.
Collaboration with Other Government Entities: The recorder often works closely with other county offices, such as the assessor and treasurer, to share information vital for taxation and legal purposes.
The County Recorder's role is vital in upholding property rights and the legal validity of real estate transactions. By maintaining a comprehensive and accessible record of property transactions, the recorder's office helps to prevent disputes over property ownership and ensures a transparent property transfer process. This is crucial not only for individual property owners but also for the overall stability and reliability of the real estate market.
Summing up, the County Recorder in Ohio holds a position of significant responsibility and trust. The office's role in maintaining, recording, and ensuring public access to vital records is essential to the functioning of county government and the protection of property rights. The history and evolution of this role reflect the growing complexities of land ownership and the ongoing need for transparent and accurate public records in a democratic society.
What Do You Think?
This publication will put on an endorsement piece on the County Recorder’s race soon. However, if there is a certain candidate that you wish to promote, please feel free to share your personal endorsement as a “Letter to the Editor” to this publication! Your thoughts and ideas are not limited by word counts and will not be put behind an annoying paywall. Send your ideas and insights to: pinnaclestrategiesltd@gmail.com
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The county recorder is not an administrative position, it is ministerial. There is little or no discretion allowed to the recorder in how they execute the job. Read the law relative to county recorders. Admittedly there are some aspects of administration in budgeting, hiring and employee supervision, but the nuts and bolts of the job are statutorily prescribed with no discretion left to the individual recorder.