Could a South Carolina state constable also serve on a town or county council?

Plain-English summary

In 2011, the South Carolina Attorney General said an advanced state constable could serve simultaneously on a town or county council without violating the state constitution's dual-office prohibition. The opinion treated town and county council seats as public offices. It then applied the constitution's express constable exception and a statute confirming that constable service did not create dual-office holding by itself.

The question asked whether council service would jeopardize the person's constable commission. The AG interpreted it as a dual-office question and answered on that ground. It did not examine licensing or other commission requirements.

Currency note

This opinion was issued in 2011. 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 a town or county council seat an “office” for this rule?
A: Yes. The AG said both types of council seat counted as offices for the dual-office analysis.

Why did a state constable qualify for an exception?
A: The state constitution expressly listed constables among exceptions to the two-office prohibition, and § 8-1-130 reinforced the rule.

Did the opinion decide every condition of a state constable commission? A: No. The AG interpreted the request as asking whether council service violated the constitutional dual-office ban. It did not analyze other commission conditions.

Background and statutory framework

The requester held an advanced state constable commission and considered town or county council service. The AG compared the constitutional ban on two offices of honor or profit with its constable exception and § 8-1-130.

Citations and references

The opinion discusses article XVII, section 1A of the state constitution, § 8-1-130, and Sanders v. Belue on what counts as an office.

Official title

Inquiring whether you may simultaneously serve as a town or county council member without jeopardizing your constable commission.

Requester

Mr. Cecil W. Rorie

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-29-2011-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/rorie-c-w-os-9208-3-29-11-dual-office-holding.pdf

Original opinion text

ALAN WILSON
ATIORNEY G ENERAL

Mr. Cecil W. Rorie
P.O. Box369
Jefferson, SC 29718
Dear Mr. Rorie:
As an "advanced state constable" licensed by SLED, you have inquired as to whether you may simultaneously serve as a town or county council member without jeopardizing your constable commission. I am interpreting your question as raising the issue of whether such service would violate the dual office provisions of the South Carolina Constitution. Article XVII, Section lA of the State Constitution (Supp. 2007) 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. (emphasis added). 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 58 S.E. 762 (1907). Furthermore, our courts recognize other relevant considerations such as whether a statute, or other 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). In numerous opinions, this Office has determined that a position on a town or city council is an office for purposes of dual office holding. E.g., Ops. S.C. Att'y Gen. (June 11, 2008; October 7, 2006; November 5, 2003). Similarly, positions on county councils also qualify as offices for purposes of dual office holding. Ops. S.C. Att'y Gen. (June 25, 2010; March 7, 2008; January 18, 2006; November 2, 2005; March 18, 2004). Accordingly, clearly should you serve as a town or county council member, this position would be considered an office. However, as noted above, Article xvn, Section l A of the South Carolina Constitution specifically exempts constables from the dual office holding prohibition. Further, section 8-1-130 of the South Carolina Code (Supp. 20 I 0) provides: "Any member of a lawfully and regularly organized fire department, county veterans affairs officer, constable, or municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State." (emphasis added). Thus, as we have concluded in prior opinions, those holding state constable commissions are exempt from the prohibition on dual office holding. Ops. S.C. Att'y Gen. (March 4, 2009; December 15, 2003; May 2, 1989). Therefore, it is our opinion that your

REMBERT

c. D ENNIS B un.oING • POST OPACE Box 11549 • COLUMB.IA, SC 29211-1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

Mr. Rorie
Page2
March 29, 2011

service on city or town council while simultaneously serving as a state constable does not violate the dual office holding prohibition of the South Carolina Constitution. Conclusion A position on town or county council constitutes an office for purposes of dual office holding. However, because state constables are exempt from the dual office holding prohibition, your simultaneously serving as a town or county council member and a state constable not does violate article XVII, Section I A of the South Carolina Constitution. Very truly yours,

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Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Deputy Attorney General