Could a South Carolina election commissioner also serve as an assistant solicitor in another county?

Plain-English summary

A South Carolina senator asked in 2006 whether one person could serve on Marion County's Voter Registration/Election Commission and work as an assistant solicitor for Horry County. The Attorney General said the combination would most probably amount to holding two public offices, contrary to the state constitution's dual-office restriction.

The opinion relied on earlier AG opinions classifying election-commission and voter-registration-board members as officeholders. It said earlier opinions also treated assistant solicitors as officeholders. The fact that the two roles were in different counties did not change the conclusion given in this request.

Currency note

This opinion was issued in 2006. 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 membership on the Marion County election commission count as an office?

A: The AG cited earlier opinions treating election-commission and voter-registration-board membership as office holding for the dual-office provision.

Q: Did the assistant solicitor position also count?

A: Yes. The opinion said earlier AG opinions had classified assistant solicitors as officeholders too.

Q: Did serving in different counties avoid the dual-office concern?

A: The opinion still said this Marion County and Horry County combination would most probably conflict with the constitutional rule.

Background and statutory framework

The AG applied Article XVII, Section 1A of the South Carolina Constitution, which barred simultaneous holding of two offices of honor or profit subject to stated exceptions. It described exercise of state sovereign power as the central office-holding criterion and also mentioned statutory creation, duties, compensation, qualifications, and oath requirements.

Citations and references

• Sanders v. Belue, 78 S.C. 171, 58 S.E. 762 (1907): the sovereign-power criterion cited by the AG.
• State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980): other office indicators listed in the opinion.

Official title

Questioning whether an individual may both serve on the Marion County Voter Registration / Election Commission and as an assistant solicitor for Horry County.

Requester

The Honorable Kent M. Williams, Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-17-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06may17-Williams.pdf

Original opinion text

HENRY M CMASTER
ATI"OR:-I EY G ENERAL

May 17, 2006

The Honorable Kent M. Williams
Senator, District No. 30
Post Office Box 1514
Marion, South Carolina 29571
Dear Senator Williams:
In a letter to this office you questioned whether an individual may both serve on the Marion County Voter Registration/Election Commission and as an assistant solicitor for Horry County. You have questioned whether the simultaneous serving in both capacities constitutes dual office holding.

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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, a constable, or a notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise ofsome portion ofthe 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, or require qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980). This office in prior opinions has determined that one who would serve on an election commission or voter registration board is considered an office holder for dual office holding purposes. See, Ops. Atty. Gen. dated December 15, 2004; Febrnary23, 1995; September 12, 1990; July 24, 1980. As to the position of assistant solicitor, this office has determined that the position of assistant so licitor would also be considered an office for dual office holding purposes. See: Ops. Atty. Gen. dated February 8, 2005; May 30, 1997; March 27. 1995; October 19, 1990. Consistent with the above, an individual simultaneously serving as a member of the Marion County Voter Registration/Election Commission and as an assistant solicitor for Horry County would most probably hold dual offices in conflict with the referenced provisions of the State Consti tu ti on.

The Honorable Kent M. Williams
Page2
May 17, 2006

If there are any questions, please advise.

Sincerely,

dJ,,pf~
Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:
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obert D. Cook
Assistant Deputy Attorney General