Did Marlboro County’s auditor have to resign before running for county treasurer in 1996?

Plain-English summary

Marlboro County's elected auditor asked whether she had to resign from that office before seeking election as county treasurer. In 1996, the AG said no state law required resignation just to become a candidate. He distinguished candidacy from actually holding both offices: the constitutional dual office holding issue would arise if she won the treasurer election and attempted to retain the auditor's office at the same time.

The requester said her auditor position received no federal funds, so the opinion did not analyze the federal Hatch Act. It also did not decide campaign ethics questions; the AG referred those to the State Ethics Commission.

Currency note

This opinion was issued in 1996. 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 resignation required before filing for treasurer?

The AG said there was no state-law requirement to leave the auditor's office merely to run for county treasurer.

Did running for treasurer count as holding two offices?

No. The opinion said the dual office holding question would arise only if the auditor were elected and tried to hold both offices simultaneously.

Did the AG decide whether the auditor's campaign complied with ethics rules?

No. The letter pointed the requester to the State Ethics Commission for campaign and office-use questions.

Background and legal framework

The opinion separated eligibility to run from concurrent service in two public offices. It relied on the requester's statement that the auditor position received no federal funding and therefore left the federal Hatch Act aside. It was an informal view of the signing assistant attorney general.

Citations

• South Carolina dual office holding provision, discussed without a section citation in the letter.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-5-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96mar5cox.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES !vioto;-.;Y Co;-..;D()l\
,-\ITORNEY GENf:R,\L

March 5, 1996

The Honorable Delorice B. Cox
Marlboro County Auditor
Post Office Box 468
Bennettsville, South Carolina 29512
RE: Informal Opinion
Dear Ms. Cox:
By your letter of February 26, 1996, to Attorney General Condon, you have sought an opinion on whether it would be permissible for you, as Marlboro County Auditor, to hold that position and offer for election as the Marlboro County Treasurer. You have asked whether you would be required to resign from the office of Auditor to be a candidate for Treasurer. You have advised that you were recently reelected to your current office for a four-year term ( 1995-1999). As I advised you by telephone, I would confirm that there is no state law requiring that you resign from your current office to offer for election to the office of Marlboro County Treasurer. Your office does not receive federal funding, and so there is no need to consider the federal Hatch Act. Dual office holding is not a consideration because you are only inquiring about offering for election to an office; you would not have a problem with dual office holding under the South Carolina Constitution unless and until you should be elected to the office of Marlboro County Treasurer and attempt to hold both positions at the same time. The only other consideration of which you would want to be aware would be the requirements and restrictions of the state ethics laws, relative to campaigning and using your office for personal financial gain, and the like. For advice concerning the ethics laws, I would respectfully refer you to the State Ethics Commission.

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The Honorable Delorice B. Cox
Page 2
March 5, 1996
I trust that this letter is responsive to your inquiry. questions, please do not hesitate to advise.

If you have additional

This letter is an informal opinion only. It has been written by a designated Senior Assistant 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. With kindest regards, I am Sincerely,

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Patricia D. Petway
Assistant Attorney General