Could a South Carolina county education commissioner also hold an elected position in a county political party?

Plain-English summary

In December 2003, South Carolina's Attorney General said a member of either of two Spartanburg County education commissions could also hold an elected office in a county political party. Prior opinions classified seats on the county's Commission on Higher Education and Technical Education Commission as public offices. The office said an elected local party post was not a public office for the constitutional dual-office rule.

Because the combination contained only one office counted by that rule, the AG found no dual-office violation.

Currency note

This opinion was issued in 2003. 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

Education commissioners and party officers

The AG distinguished government commission service from internal party office. It treated the commission seats as public offices but excluded the local party post from the constitutional count.

Common questions

Was an education commission seat a public office?
Yes. The opinion relied on prior AG conclusions for both named commissions.

Did an elected county party position count as a second public office?
No. The AG said local party officers did not hold an office for this constitutional rule.

Did the opinion address every possible conflict involving party activity?
No. It answered only the constitutional dual-office question posed.

Background and statutory framework

A legislator asked about concurrent service on a county education commission and in elected local party leadership. The AG applied the constitutional test requiring two public offices and earlier opinions classifying each role.

Citations and references

The opinion discussed Article XVII, Section 1A of the South Carolina Constitution and earlier opinions on commission and local party positions.

Official title

Questioning whether an individual may serve concurrently as a member of the Spartanburg County Commission on Higher Education or Spartanburg County Technical Education Commission and as an elected officer of a county political party.

Requester

The Honorable Bob Walker, Chairman, Spartanburg County Legislative Delegation

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-15-2003/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/09/03dec-15-Walker.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
AlTORNEY GENERAL

December 15, 2003

The Honorable Bob Walker
Chairman, Spartanburg County Legislative Delegation
Room 1210, 366 North Church Street
Spartanburg, South Carolina 20303
Dear Representative Walker:
In a letter to this office you questioned whether an individual may serve concurrently as a member of the Spartanburg County Commission on Higher Education or Spartanburg County Technical Education Commission and as an elected officer of a county political party. I am interpreting your question as raising the issue of whether holding both positions would violate the dual office provisions of the South Carolina Constitution.

Article XVII, Section lA of the State 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, member of a lawfully and regularly organized fire department, constable or a notary public. As stated in an opinion of this office dated July 17, 1996, "(f)or this provision to be contravened, a person concurrently must hold two public offices which have duties involving an exercise of some portion of the sovereign power of the State." Other relevant considerations are whether statutes, or other such authority, establish the position, prescribe its tenure, duties or salary, or require qualifications or an oath for the position. This office has held that an individual who serves on the Spartanburg County Commission on Higher Education or the Spartanburg County Technical Education Commission would hold an office for dual office holding purposes. See: Ops. Atty. Gen. dated February 27, 2001 and July 17, 1996. However, this office has consistently advised that an officer of a local political party does not hold an office for purposes of the State constitutional prohibition against dual office holding. See: Ops. Atty. Gen. dated July 29, 1986; March 23, 1982. Accordingly, it is the opinion of this office that an elected officer of a county political party may serve simultaneously as a member of the Spartanburg County Commission on Higher Education or the Spartanburg County Technical Education Commission without violating the dual office holding prohibition of the State Constitution.

Charles H. Richardson
Senior Assistant Attorney General
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