Could South Carolina elected officials gamble or play a lottery outside the state?

Plain-English summary

Cottageville’s mayor asked whether elected officials could play a lottery or gamble outside South Carolina. In April 2002, the AG said Article XVII, Section 8 of the state constitution applied to gambling or betting on games of chance by holders of an office of honor, trust or profit even outside the state. The provision contained no geographical exception.

The letter relied on an earlier office opinion applying the same provision to the state lottery. It said the prohibition did not turn on whether the gambling itself was legal. The constitutional text quoted in the letter attached disqualification from further exercise of office upon conviction; the letter did not assess a particular official or activity.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Elected and other public officers

The AG read the constitutional ban on gambling by officeholders to apply wherever the described activity occurred. He also said an activity’s legality did not supply an exception.

Public bodies

The answer addressed the scope of a constitutional restriction on officers. It did not decide whether any named person had gambled or been convicted.

Common questions

Did gambling outside South Carolina avoid the constitutional restriction? A: The AG said no; the provision had no geographical limitation.

Did the AG distinguish legal lotteries from illegal gambling? A: No. He said the constitutional prohibition did not depend on whether the gambling activity was otherwise legal.

Background and statutory framework

The opinion quoted Article XVII, Section 8 of the South Carolina Constitution, which prohibited holders of an office of honor, trust or profit from gambling or betting on games of chance and described the consequence of conviction. It applied the reasoning of a January 2002 AG opinion about the state lottery to gambling beyond South Carolina’s borders.

Citations and references

• Article XVII, Section 8 of the South Carolina Constitution: the provision quoted and interpreted by the AG.

Official title

Concerning “…elected officials playing the lottery or gambling outside of the State of South Carolina.”

Requester

The Honorable George Addison, Mayor, Town of Cottageville

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-2-2002/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02apr2addison.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

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April 2, 2002

The Honorable George Addison
Mayor, Town of Cottageville
Post Office Box 57
Cottageville, South Carolina 29435

Re: Your Letter of February 26, 2002
Dear Mayor Addison:
In your above-referenced letter, you request " ... an advisory opinion concerning elected officials playing the lottery or gambling outside of the State of South Carolina." Article XVII, Section 8 of the South Carolina Constitution provides that: It shall be unlawful for any person holding an office of honor, trust or profit to engage in gambling or betting on games of chance, and any such officer, upon conviction shall become disqualified from the further exercise of the functions of the office, and the office of said person shall become vacant, as in the case of resignation or death.

This Office recently opined that this provision of the Constitution applied to the State Lottery and prevented state and local officials from participating in such. See OP. ATTY. GEN. (Dated January 7, 2002). In reaching this opinion, we concluded that the legality of the gambling activity was irrelevant to the prohibition and stated that" ... the Constitution in Article XVII, Section 8, makes no mention of any requirement that the 'gambling' or 'betting on games of chance' must be illegal activity." Id. Similarly, Article XVII, Section 8 contains no geographical restriction or limitation on the gambling prohibition. As we stated previously, "[t]he purpose of Article XVII, Section 8 is to insure that public officers holding an 'office of honor, trust or profit' are not compromised in their duties or placed in a conflict of interest by engaging in gambling activities." Id. Therefore, I am compelled to conclude that the constitutional prohibitions of"gambling" and "betting on games of chance" apply equally to "officials playing the lottery or gambling outside of the State of South Carolina." This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked.

,!.,

REMBERT C. DENNIS BUILDING

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POST OFFICE Box 11549

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COLUMBIA,

s.c. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable George Addison
Page 2
April 2, 2002

It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

David K. Avant
Assistant Attorney General

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