Must a South Carolina school board member resign before running for county council?

Plain-English summary

Colleton County's school board chair asked whether he had to leave that board before running for county council. The Attorney General's informal 2002 letter said he knew of no such requirement in the general school-trustee law or the Colleton County school-board statutes he had reviewed. He suggested checking with the school board attorney for any local law unknown to him.

The letter drew a firm distinction between candidacy and holding office. A school board member could run for council, but simultaneous service on the school board and county council would be prohibited dual-office holding. If elected, sworn in and assuming council duties, the person would vacate the school-board seat as a matter of law. The AG noted that school trustees ordinarily resigned before taking the oath for a second office.

Currency note

This opinion was issued in 2002. 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.

Historical summary

School trustees considering a campaign

The opinion said merely running for county council did not require resignation under the law the AG had located. It reserved the possibility of a local rule he had not found and suggested a check with the school board's lawyer.

Candidates elected to county council

The AG treated school-board membership and council membership as public offices that could not be held together. The school seat would be vacated when the successful candidate was sworn into and assumed the duties of the county council seat, rather than upon declaring candidacy.

Common questions

Did a school trustee have to resign to file or campaign for county council? A: The AG said he knew of no requirement to resign merely to run, based on the state and Colleton County provisions he reviewed.

When would the school board seat be vacated?
A: The letter said it would be vacated if the person was elected, sworn in and assumed the duties of county council office.

Did the AG rule out every possible local restriction? A: No. He suggested checking with the school board attorney for a local law he might not know about.

Background and statutory framework

The opinion addressed a sitting Colleton County School Board chair's possible council campaign. It separated eligibility to run from South Carolina's dual-office rule, citing earlier AG opinions for the latter. It did not identify a statute that forced resignation at candidacy. The letter says it is an informal opinion by an Assistant Deputy Attorney General.

Citations and references

• Prior AG opinion dated December 11, 1990: school trustees and county council members treated as officeholders.
• Prior AG Opinion No. 85-121: cited for vacancy of the first office after assuming the second.

Official title

Whether a school trustee must resign before running for county council.

Requester

Reverend Evon Robinson, Chairman, Colleton County School Board

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-6-2002-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02may6robinson.pdf

Original opinion text

7.856 6(~

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATIORNEY GENERAL

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May 6, 2002

Reverend Evon Robinson
Chairman, Colleton County School Board
1008 Bodison Memorial Drive
Round 0, South Carolina 29474
Re:

Informal Opinion

Dear Reverend Robinson:
You note that you are considering running for County Council of Colleton County. You are presently Chairman of the Colleton County School Board. You have asked whether it is necessary for you to resign from the Colleton County School Board to run for County Council. I am aware of no requirement that you resign from the School Board in order simply to run for County Council. Neither the law governing school trustees generally, nor the specific statutes relating to the Colleton County School Board appears absolutely to prohibit a School Board member from running for another office. See, e.g. Acts and Joint Resolutions, 1961, p. 122; 1966, p. 2133; 1984, p. 587; 1987, p. 262; 1991, p. 1588. I suggest, however, that you consult with the School Board's attorney to insure that there is not a local law, of which I am unaware, which might address this question. Of course, simultaneously to hold the positions of a member of the School Board and member of County Council would constitute dual office holding. See, Op. Atty. Gen, December 11 , 1990 (members of school board of trustees and county council are offices for dual office holding purposes.) Therefore, while there is no prohibition upon your running for county council, if you are elected and sworn in to that office, and assume the duties thereof, you would vacate the School Board position as a matter oflaw. See, Op. Atty. Gen., Op. No. 85-121 (O:ctober 21, 1985). Typically, a person who is elected to another office as a member of a school board, resigns the school board position prior to taking the oath of office for the second position (in this instance membership on county council).

REMBERT

c. DENNIS BUILDING •

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POST OFFICE Box 11549

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C OLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

Reverend Robinson
Page 2
May 6, 2002
This letter is an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

Robert D. Cook
Assistant Deputy Attorney General
RDC/an