Could a South Carolina State Board of Education member also sit on a county council in 2006?

Plain-English summary

In 2006, the South Carolina Attorney General concluded that Ron F. Wilson could not simultaneously serve on the State Board of Education and Anderson County Council. The opinion treated each position as a public office under the state constitution's dual office holding provision. Holding both at once therefore violated that provision.

The answer relied on earlier Attorney General opinions finding that State Board of Education members and county council members each exercised public office. The opinion did not identify an applicable constitutional exception for these two posts.

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: Was the State Board of Education seat considered an office?
A: Yes. The Attorney General cited multiple earlier opinions reaching that conclusion.

Q: Was a county council seat also an office?
A: Yes. The office said it had repeatedly treated county council service as public office holding.

Q: What was the result for a person elected to county council while serving on the education board?
A: The opinion concluded simultaneous service violated the constitutional dual office prohibition.

Background and statutory framework

The constitution barred holding two offices of honor or profit at one time, subject to named exceptions. The opinion applied that rule through prior determinations about the two bodies rather than reexamining their powers in detail. Because both seats counted as offices, the requested combination was prohibited.

Citations and references

The original opinion quotes Article XVII, section 1A of the South Carolina Constitution and cites prior Attorney General opinions about both positions.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-2-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06aug2cooper.pdf

Original opinion text

HENRY MCMASTER
ATT'ORNEY GENERAL

August 2, 2006

The Honorable Daniel T. Cooper
Member, House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Representative Cooper:
We received your letter informing us that "[t]he Anderson County Delegation's appointee to the State Board of Education, Ron F. Wilson, circuit 10, has been elected to the County Council." Thus, you request an opinion from this Office as to whether serving in both of these positions constitutes dual office holding. Law/Analysis

Article XVIl, section lA of the South Carolina Constitution (Supp. 2005) prohibits a persop. from holding "two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public." In order to contravene this provision, a person concurrently must hold two offices having duties that involve the exercise of some portion of the sovereign power of the State. Sanders v. Belue, 78 S.C. 171 , 174, S.E. 762, 763 (1907). Furthermore, our courts recognize other relevant considerations in determining whether an individual holds an office, such as, whether a statute, or other such authority, establishes the position, proscribes the position's duties or salary, or requires qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 477, 266 S.E.2d 61, 62 (1980). Several previous opinions of this Office concluded that a member of the State Board of Education is considered an office holder for dual office holding pwposes. See Ops. S.C. Atty. Gen., January 17, 2000; October 23, 1995; January 31, 1994; October 5, 1993 ; November 27, 1985. Additionally, on numerous occasions we determined a member of a county council is an officer for

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PosT ClmCE Box 11549 • COLUMBIA.SC 29211 -1549 • 'fEu;PHONE 803·734-3970 •

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The Honorable Daniel T. Cooper
Page 2
August 2, 2006

dual office holding purposes. See, e.g., Ops. S.C. Atty. Gen., May 31, 2006; November 2, 2005; June 7, 2004; July 26, 1999. Accordingly, holding these two positions at the same time violates the dual office holding prohibition provided in article XVII, section IA of the South Carolina Constitution. Very truly yours,

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C;n~y M. Qlling

Assistant Attorney General
REVIEWED AND APPROVED BY:

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ROertD.COOk

Assistant Deputy Attorney General

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