Could one person serve on a Chesterfield County transportation committee and school board?

Plain-English summary

In 2006, a legislator asked whether someone could sit on both the Chesterfield County Transportation Committee and the Chesterfield County School Board. The Attorney General said simultaneous service would most likely violate South Carolina's constitutional prohibition on holding two offices of honor or profit.

The AG cited earlier opinions treating county transportation committee members as likely public officers and county school board members as officers. Its answer retained the “most likely” qualification; it did not present a new fact-specific inquiry into the powers of a particular member.

Currency note

This opinion was issued in 2006. 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.

Common questions

Q: Could a member hold both Chesterfield County seats at once?

A: The AG said that would most likely violate the state constitution's dual office holding rule.

Q: Why did the AG treat the two seats as public offices?

A: It relied on earlier AG opinions addressing county transportation committees and school boards under the constitutional test for public office.

Background and statutory framework

The opinion applied article XVII, section 1A of the South Carolina Constitution. Its office-holding test looked to whether both positions involved some exercise of sovereign power and to their legal creation, duties, and qualifications.

Citations and references

• Article XVII, section 1A of the South Carolina Constitution: the dual office holding rule.
• Sanders v. Belue, 78 S.C. 171, 58 S.E. 762 (1907): the sovereign-power test cited by the AG.
• State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980): additional office-status considerations.

Official title

Questioning whether an individual can serve simultaneously as member of the Chester County Transportation Committee and as a member of the Chester County School Board without violating the dual office holding prohibition of the South Carolina Constitution.

Requester

The Honorable Ted M. Vick, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-20-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06apr20-Vick.pdf

Original opinion text

Hfl-;RY M CMASTER
A TIORNEY G E:-OERAL

April 20, 2006

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The Honorable Ted M. Vick
Member, House of Representatives
929 Shag Road
Chesterfield, South Carolina 29709
Dear Representative Vick:

In a telephone call to this office you questioned whether an individual could serve simultaneously as a member ofthe Chesterfield County Transportation Committee and as a member of the Chesterfield County School Board without violating the dual office holding prohibition ofthe South Carolina Constitution.

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Article XVII, Section IA of the South Carolina Constitution provides that "no person may hold two offices of honor or profit at the same time ... " with exceptions specified for an officer in the militia, a member of a lawfully and regularly organized fire department, a constable, or a notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise of some portion of the sovereign power of the State. Sanders v. Belue, 78 S.C. 171, 58 S.E. 762 (1907). Other relevant considerations are whether statutes, or other such authority, establish the position, prescribe its duties or salary, or require qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980). This office has advised in prior opinions that a member of a county transportation committee would likely be considered an office holder for dual office holding purposes. See: Ops. Atty. Gen. dated February 14, 2005; July 26, 2002; April 2, 1998; September 3. 1994; January 25, l 994; July 28, 1993. This office has also detell11ined on numerous occasions that a mt!mber of a county school board or a school board of trustees would boJd an office for dual office holding purposes. See: Ops. Atty. Gen. dated December 20, 2005; May 27, 2004; January 17, 1985; July 8, 1983. Based upon the foregoing) if an individual were to serve simultaneously as a member of the Chesterfield County Transportation Committee and as a member of the Chesterfield County School Board, such service would most likely violate the dual office holding prohibitions of the State Constitution.

REMBERT C. D EN.' llS B UlLDlNG

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POST OFFICE B OX 11549 •

COl. t;MBl A, SC 292 11 - 1549

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T EL EPHONF 801-71d.1 Q70

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The Honorable Ted M. Vick
Page 2
April 20, 2006

If there are any questions, please advise.
Sincerely,

(Jk?,wt~--Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General