Could a Union County drug and alcohol commissioner also serve on Lockhart Town Council?

Plain-English summary

A Lockhart council member asked whether she could continue serving on the Union County Drug and Alcohol Commission after her election to town council. The AG concluded that both seats were public offices under South Carolina’s constitutional dual-office rule, so simultaneous service violated that rule.

The letter relied on earlier AG opinions that treated city and town council members as officeholders and county alcohol and drug commission board members the same way. It did not identify an exception covering these two seats.

Currency note

This opinion was issued in 2005. 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

Was the Lockhart council position a public office?
Yes. The AG cited a line of earlier opinions treating city and town council members as officeholders.

Did the county commission position also count?
Yes. The AG relied on earlier opinions treating county alcohol and drug abuse commission board members as officers.

Could the requester hold both seats at once under the opinion?
No. The AG concluded that concurrent service would violate the state constitutional prohibition.

Background and statutory framework

The letter applied Article XVII, Section IA of the South Carolina Constitution, which barred one person from holding two offices of honor or profit at once, subject to specified exceptions. It described sovereign power as the central inquiry for public office.

Citations and references

The original text cites Sanders v. Belue, 78 S.C. 171, 58 S.E. 762 (1907), and State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980), for the office test.

Official title

Questioning whether being a member of the Union County Drug and Alcohol Commission and elected to serve on the Lockhart Town Council constitutes dual office holding.

Requester

The Honorable Nancy C. Lawson, Member, Lockhart Town Council

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-22-2005-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05apr22lawson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsn:R
ATIDRNEY GENERAL

April 22, 2005

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The Honorable Nancy C. Lawson
Member, Lockhart Town Council
P. 0. Drawer 250
Lockhart, South Carolina 29364
Dear Ms. Lawson:
In a letter to this office you indicated that you are a member of the Union County Drug and Alcohol Commission and have recently been elected to serve on the Lockhart Town Council. You have questioned whether holding both positions constitutes dual office holding.

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 on numerous occasions that a member of a city or town council would be considered an officer for dual office holding purposes. See, Ops. S.C. Atty. Gen. March21, 2005; April 12, 1998; June 12, 1995; February 4, 1994; July 23, 1993; July 24, 1991. This Office has also consistently opined that a board members for county commissions on alcohol and drug abuse are officers for purposes of dual office holding. Ops. S.C. Atty. Gen. dated June 7, 2004; May 6, 1992; January 17, 1985; February 13, 1984; March 6, 1989; and December 10, 1991 ). As a result, it is my opinion that an individual may not simultaneously serve as a member of the Union County Drug and Alcohol Commission and as a councilperson on the Lockhart Town Council without violating the dual office holding prohibition of the State Constitution.

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REMB~,CJ>ENNIS BUILDING • POST OFFICE Box 11549 • COLUMBIA, S.C. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283 kl'~ ./ ,,.,,,,,,c.t/ \ V,7:7"/r,

The Honorable Nancy C. Lawson
Page2
April 22, 2005

If there are any questions, please advise.
Sincerely,

a:~f?#!t(d___
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