Could a South Carolina House member also serve on the Economic Education Council?

Plain-English summary

A South Carolina House member asked whether he could also serve on the South Carolina Economic Education Council. The 2001 informal opinion said the constitutional dual-office rule did not bar the combination. The House seat was a public office, but the council was chartered as a nonprofit corporation and its principal work was educating students about the free-enterprise system. The AG found no exercise of state sovereign power in that work and no statutory definition of its duties.

The conclusion classified this council role on the facts supplied by its director. It did not address other rules governing a legislator's outside activity.

Currency note

This opinion was issued in 2001. 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: Did the council seat count as a second public office?
A: No. The AG concluded that the nonprofit council's education mission did not involve state sovereign power.

Q: Did a House seat count as an office for the constitutional rule?
A: Yes. The letter treated that point as settled and focused its analysis on the council.

Q: Why did the council's nonprofit status matter?
A: The council director said it was chartered as a nonprofit, and its duties were not defined in South Carolina's general statutes. The AG also examined what the council actually did.

Background and statutory framework

The opinion applied the state constitutional rule against holding two offices at once. It described a public office as involving continuing duties that exercise some portion of state sovereign power, then found those features absent from this council service.

Citations and references

• Sanders v. Belue
• State v. Crenshaw

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-9-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01feb-9-klauber.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

February 9, 2001
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The Honorable James S. Klauber
Member, House of Representatives
518-A Blatt Building
Columbia, South Carolina 29211
RE: Infonnal Opinion
Dear Representative Klauber:

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By your letter of January 26, 2001 , you have requested an opinion as to whether you may serve simultaneously as a member of the South Carolina House of Representatives and as a member of the South Carolina Economic Education Council. For the reasons set forth below, it is my opinion that concurrent service in these positions would not violate the South Carolina Constitution's prohibition against dual office holding. Article XVII, Section 1A 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, constable, or a notary public. As concluded by Attorney General Daniel McLeod in an opinion dated April 26, 1977, "[t]o determine whether a position is an office or not depends upon a number of circumstances and is not subject to any precise fonnula. ·· The South Carolina Supreme Court, though, has held that 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). "One who is charged by law with duties involving an exercise of some part of the sovereign power, either smaJI or great, in the performance of which the public is concerned. and which are continuing and not occasional or intermittent, is a public officer.'' Id., 78 S.C. at 174. Other relevant considerations, as identified by the Court, are whether statutes. or other authority, establish the position, prescribe its tenure, duties or salary, or require qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 6 l ( 1980).

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The Honorable James S. Klauber
Page 2
February 9, 2001

One who serves as a member of the South Carolina House of Representatives unquestionably holds an office for dual office holding purposes. See, Ops. Att'y. Gen. dated September 13, 1990; June 11, 1992; September4, 1992; and many others. It must therefore be determined whether service on the South Carolina Economic Education Council would likewise be considered an office. The Director of the Economic Education Council informs me that the Council is chartered as a nonprofit corporation. Thus, the Council's duties and responsibilities are not defined in the general statutory laws of this State. Moreover, its main duty -- to educate South Carolina students on the free enterprise system-- does not appear to involve an exercise of the state's sovereign power. Accordingly, it is my opinion that one who serves on the South Carolina Economic Education Council does not hold an office within the meaning of S.C. Const. Article XVII, Section IA and that your concurrent service in the South Carolina House of Representatives would not constitute a violation of the Constitution's prohibition against dual office holding.

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This letter is an informal opinion only. It has been written by a designated Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. I trust that it has satisfactorily responded to your inquiry and that you will advise if clarification or additional assistance should be necessary. With kindest regards, I am Sincerely,

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Zeb C. Williams, III
Deputy Attorney General

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