Could a Beaufort election-board member also serve on Bluffton’s advisory public-safety commission?

Plain-English summary

Beaufort County’s election-board director asked whether one member could also join Bluffton’s Public Safety Commission. The AG said the election-board seat was an office under prior opinions. Based on information that the Bluffton commission only made recommendations, was not created by ordinance, and had no fixed terms or oath, it found that seat was not an office. The two roles therefore did not violate the constitutional dual-office rule on the described facts.

Currency note

This opinion was issued in 2004. 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 Beaufort election-board seat a public office?
A: Yes. The AG said its prior opinions had treated board members as officeholders.

Q: Why did the Bluffton commission not count as a second office?
A: The AG was told it was advisory, made only recommendations, and lacked an ordinance, fixed term, and oath.

Q: Could one person serve on both bodies?
A: The AG said yes under the facts supplied because the commission membership was not a second office.

Background and statutory framework

Article XVII, Section 1A prohibited holding two public offices at once. The AG applied the sovereign-power test from Sanders v. Belue and the reported structure of Bluffton’s advisory commission.

Citations

• Article XVII, Section 1A
• Sanders v. Belue

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-23-2004-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04fmarch23garvin.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMA.sTER

March 23, 2004

AlTORNEY GENERAL

Agnes M. Garvin, Executive Director
Beaufort County Board of Elections and Registration
104 Ribaut Road
Beaufort, South Carolina 29901-1228
Dear Ms. Garvin:
In a letter to this office the question was raised as to whether an individual, presently a member of the Beaufort County Board of Elections and Registration, may serve on the Bluffton Public Safety Commission without violating the dual office holding provisions of the State Constitution

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Article XVII, Section 1A 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, a member of a lawfully and regularly organized fire department, a constable, and 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, orrequire qualifications or an oath for the position. State v. Crenshaw,274 S.C. 475, 266 S.E.2d 61 (1980). This office has determined in prior opinions that members of the Beaufort County Board of Elections and Registration would be considered office holders for dual office holding purposes. See Ops. Atty. Gen. dated July 9, 1998 and July 23, J996. As to a member of the Bluffton Public Safety Commission, I have been advised that such board is a strictly advisory board that reports to the Bluffton Town Council. I have also been advised that the Commission is not established by ordinance, members do not serve a term of office nor do they take an oath of office when assuming their duties. The members of the Commission receive no compensation for their services and only make recommendations to the Town Council. Consistent with such understanding, it is my opinion that a member of the Bluffton Public Safety Commission would not hold an office for dual office holding

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• POS'TOfflCEBoX 11549 • COUJMBIA,S.C. 29211-1 549 • TWJ>HONE:803-734-3970 • fACSIMILE:803-253-6283

Ms. Garvin
Page2
March 23, 2004
purposes. Therefore, an individual may serve both on the Beaufort County Board of Elections and Registration and the Bluffton Public Safety Commission. If there is anything further, please advise.

Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General
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