Could a county election-board member attend a fundraiser for candidates whose election the member oversaw?

Plain-English summary

A legislator asked whether a county election or registration-board member could attend a fundraiser for local council candidates of one party when the member had jurisdiction over their election. The Attorney General read the then-current statute to prohibit a member from knowingly attending a fundraiser for candidates whose elections the member oversaw. The same provision also barred specified campaign activity and contributions.

The AG said a violation made the member subject to removal by the Governor or other appropriate appointing authority. Because Greenwood County registration-board members were appointed by the Governor with Senate advice and consent, the opinion placed removal power with the Governor, to be exercised under the statutes governing removal of county officers. The letter identified that authority but did not give the requested step-by-step removal procedure or find that a particular member had violated the statute.

Currency note

This opinion was issued in 1998. 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

Could a board member attend a candidate fundraiser in an election the board oversaw? A: The AG said knowingly attending a fundraiser for such a candidate violated the statute.

Did the rule cover voter-registration boards as well as election commissions? A: Yes. The quoted provision named county and municipal election commissions, voter-registration boards, and combined boards.

Who could remove a Greenwood County registration-board member for a violation? A: The opinion said the Governor held that power under the board's appointment statute and would use the county-officer removal laws.

Did the AG prescribe a citizen complaint process?
A: No. The request asked for a step-by-step process, but the letter identified the removal authority without detailing a citizen filing procedure.

Background and statutory framework

Section 7-13-75 barred board members from political management or campaigns during their term and separately barred contributions or knowing fundraiser attendance for candidates whose elections they administered. The opinion applied that text to the described fundraiser and used Section 7-5-10 to identify who appointed the Greenwood board.

Citations and references

The opinion quoted Section 7-13-75 and cited Section 7-5-10. The official PDF contains the full statutory passage.

Official title

Concerning the applicability of section 7-13-75 of the South Carolina Code of Laws.

Requester

The Honorable James S. Klauber, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-4-1998-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/98nov4klauber.pdf

Original opinion text

I

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATIORNEY GENERAL

November 4, 1998
The Honorable James S. Klauber
Member, House of Representatives
406 E. Henrietta Avenue
Greenwood, South Carolina 29649

I

RE:

Informal Opinion

Dear Representative Klauber:
Your opinion request has been forwarded to me for reply. You have asked two questions concerning the applicability of Section 7-13-75 of the South Carolina Code of Laws. QUESTIONS

1. Does attendance at a fund raiser for a group of local county council
   candidates from one political party, at which the member has jurisdiction over their election, constitute a violation of the statute?

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2. When a citizen discovers a violation of sec. 7-13-75, what is the step-bystep procedure for removal?
   LAW/ANALYSIS
   Section 7-13-75 of the Code provides as follows:
   No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political

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FACSIMILE: 803-253-6283

Representative Klauber
Page 2
November 4, 1998
campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority.

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As you can see, Section 7-13-75 prohibits members of county or municipal election commissions, voter registration boards, or combined election and voter registration commissions from participating in specified political activities. In addition to prohibiting a member from participating in political management or in political campaigns during the member's term of office and making contributions to a candidate over whose election the member has jurisdiction, the statute specifically prohibits a member from knowingly attending a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Clearly, then, if a member knowingly attends a fundraiser held for the benefit of a candidate or candidates over whose election the member has jurisdiction, the statute would be violated. If a member violates Section 7-13-75, the member is subject to removal by the Governor or appropriate appointive authority. It is my understanding that the Greenwood County board of registration was established pursuant to Section 7-5-10 et seq. of the Code. Under Section 7-5-10, the members of the board are appointed by the Governor, by and with the advice and consent of the Senate. The Governor thus holds the removal power. See also, S.C. Code Ann. § 7-5-10. In exercising this removal power, the Governor would do so in accordance with the statutes governing the removal of county officers.

This letter is an informal opinion only. It has been written by a designated 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 remain Very truly yours,

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Paul M. Koch
Assistant Attorney General