Posts Tagged ‘Election’

January 31, 2017

Opinion on eligible voters to be included on voter registration list used when an election is overturned due to irregularities or illegalities.

 

Requested by Ms. Marci Andino, Executive Director, State Election Commission.

Read full opinion.

December 20, 2016

Opinion on whether the SC Department of Revenue has the authority to cancel certain permits that have been authorized by an affirmative vote on a referendum during the general election (S.C. Code Ann. Section 61-6-2010).

Requested by The Honorable J. Derham Cole, Member, South Carolina House of Representatives.

Read full opinion.

 

 

November 1, 2016

Opinion on whether an ordinance setting an implementation date for a change in the form of government is consistent with the Constitution and the general law of the state.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate

Read full opinion.

October 25, 2016

Opinion on whether Sections 21-1639 through 21-1641 of the S.C. Code of Laws of 1962 are still applicable in South Carolina.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina House of Representatives.

Read full opinion.

 

February 18, 1994

Opinion regarding a situation in Lee County, where for some time elections for a number of seats on county council were unable to be held because of restrictions, but may now be held, and inquiring as to how these procedures should be handled.

Requested by: Paul M. Fata, Esquire, Lee County Attorney

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September 30, 2016

Opinion on legality of wording of a bond referendum by the Dorchester County Council – whether it is legal to combine both of the requests for authorization to issue bonds for libraries and for parks into one referendum question.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate.

Read full opinion.

August 29, 2016

Opinion on whether certain information must be redacted from voter registration lists prior to being furnished to any qualified elector.

Requested by Ms. Marci Andino, Executive Director, S.C. Election Commission.

Andino M. OS-10065 FINAL Opinion 8-29-2016 (01102168xD2C78)

 

August 19, 2016

Opinion on whether a special district fire board can be elected by popular vote.

Requested by The Honorable Stephen Goldfinch, Jr., Member, South Carolina House of Representatives.

Read full opinion.

 

August 16, 2016

Opinion on whether an outcome of a vote can be changed in a subsequent meeting for filling vacancies on the Renewable Water Resources Board of Commissioners.

Requested by The Honorable Bruce Bannister, Vice Chairman, Greenville County Legislative Delegation.

Read full opinion.

May 17, 2016

Opinion regarding whether a referendum held by the Town of Duncan on November 3, 2015 is valid.

Requested by The Honorable Lisa C. Scott, Mayor, Town of Duncan.

Read full opinion

May 12, 2016

Opinion regarding a possible conflict between statutes establishing the method of appointment of members of the Tri-County Technical College.

Requested by The Honorable Gary E. Clary, Member, South Carolina House of Representatives.

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May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

Read full opinion

April 28, 2016

Opinion regarding whether commodity boards are exempt from the South Carolina Consolidated Procurement Code.

Requested by The Honorable Hugh E. Weathers, South Carolina Department of Agriculture.

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March 31, 2016

Opinion regarding whether the Buffalo Volunteer Fire Department is a special purpose district.

Requested by The Honorable Bryan Gardin, Chief, Buffalo Fire Department.

Read full opinion

March 16, 2016

Opinion on whether the Governor possesses the authority to suspend or remove individuals from office.

Requested by Holly Pisarik, Chief Legal Counsel, Office of the Governor.

Read full opinion.

March 8, 2016

Opinion regarding South Carolina’s Voter ID law.

Requested by The Honorable Tommy Pope, Speaker Pro Tempore, SC House of Representatives.

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March 1, 2016

Opinion regarding SC Constitution Article VII, Section 7.

Requested by Bradley T. Farrar, Esq., Chief Deputy Richland County Attorney.

Read full opinion

February 11, 2016

Opinion regarding whether the Beaufort County Board of Education has the authority to discipline one of its own members for policy or conduct violations in executive session pursuant to Section 30-4-70(a)(1) (2007 & Supp. 2015) of the South Carolina Freedom of Information Act.

Requested by Drew H. Davis, Esq., General Counsel, Beaufort County Board of Education.

Read full opinion

January 5, 2016

Opinion regarding whether a conflict of interest would arise if an individual is serving in the capacity of both “an elected SC School Board member” and as an assistant or head coach of a sports team of the same district.

Requested by Chairman Linda A. Wooten, Board of Trustees for Lexington School District Two.

Read full opinion

December 30, 2015

Opinion regarding whether the Clarendon County Fire Protection Service Area would be subject to the millage rate cap imposed by S.C. Code Ann. 6-1-320 (Supp. 2014).

Requested by Patricia Pringle, Esq., Clarendon County Auditor.

Read full opinion

December 16, 2015

Opinion regarding whether S.C. Code Ann. 5-7-180 prohibits the Fire Chief or member of the City of Loris Volunteer Fire Department from simultaneously serving as a member of the Loris City Council.

Requested by Michael W. Battle, Esq., City Attorney for the City of Loris.

Read full opinion

December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

Read full opinion.

 

November 24, 2015

Opinion regarding Act No. 472 of 1976 and S.C. Code 4-9-70.

Requested by Dr. George Yeldell, Chairman, McCormick County School District, and G.P. Callison, Jr., Esquire, McCormick County Attorney.

Read full opinion

November 13, 2015

Opinion related to S.C. Code Ann. §7-3-20(C)( 12)(Supp. 2014), providing that the executive director of the South Carolina Election Commission shall “furnish at reasonable price any precinct lists to a qualified elector requesting them.”

Requested by Marci Andino, Executive Director, South Carolina Election Commission.

Read full opinion

October 28, 2015

Opinion concerning whether the Enabling Act (Act No. 769 of 1973) is constitutional under the Home Rule Amendments.

Requested by The Honorable William M. “Bill” Chumley, House of Representatives, District No. 35.

Read full opinion.

October 26, 2015

Opinion regarding whether simultaneously holding the positions of Coroner of Dorchester County and Chief Magistrate of Dorchester County would contravene the dual office holding prohibition set forth in the State’s Constitution as well as the Judicial Code of Conduct.

Requested by Mark A. Leiendecker, First Circuit Public Defender.

Read full opinion

October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

Requested by Kenneth A. Bingham, Chairman, House Legislative Ethics Committee.

Read full opinion

September 29, 2015

Opinion regarding the statutory construction of S.C. Code Ann. 7-15-700, a provision of the South Carolina Uniform Military and Overseas Voters Act.

Requested by Marci Andino, Executive Director, South Carolina Election Commission.

Read full opinion

September 24, 2015

Opinion regarding whether one can be employed as a constable for a magistrate court and run for sheriff at the same time.

Requested by Kayla Buchanan, SCTR – Bates Township Summary Court.

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August 4, 2015

Opinion regarding the constitutionality of S.C. Code Ann. Section 2-19-20(C), which prohibits any person from concurrently seeking more than one judicial vacancy.

Requested by The Honorable Gerald Malloy, Senator, District No. 29.

Read full opinion

July 16, 2015

Opinion on whether the Chesterfield County Council can change a fire district boundary which is also a special purpose tax district without District Fire Board of Directors’ concurrence or agreement.

Requested by the Honorable Richard Yow, Member, South Carolina House of Representatives.

Read full opinion.

 

July 9, 2015

Opinion regarding the statutory interpretation of SC Code Ann. 59-19-350 (Supp. 2014), which permits the creation of “schools of choice exempt from state laws and regulations.”

Requested by The Honorable Molly M. Spearman, State Superintendent of Education, South Carolina Department of Education.

Read full opinion

July 6, 2015

Opinion on the constitutionality of a referendum on the question of whether to change state law regarding the display of the Confederate battle flag on the grounds of the South Carolina State House.

Requested by The Honorable Larry Grooms, Member, South Carolina Senate.

Read full opinion.

 

June 17, 2015

Opinion regarding whether administrative law judges “are exempt from accruing annual leave.”

Requested by The Honorable Ralph King Anderson, III, State of South Carolina Administrative Law Court.

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June 17, 2015

Opinion regarding how the Beech Island Rural Community Water District can fill upcoming vacancies on its board of directors if its bylaws and the statute creating water districts are not uniform.

Requested by The Honorable Tom Young, Jr.

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May 19, 2015

Opinion regarding what appears to be a conflict between the ability to campaign within the vicinity of a polling place on an election day and the authority of a homeowners’ association to regulate political campaign signage and solicitation within the given community.

Requested by Ms. Allison C. Coppage, Esq., Assistant Beaufort County Attorney.

Read full opinion

May 13, 2015

Opinion regarding the interpretation of section 56-5-5015(H)(1) of the South Carolina Code.

Requested by The Honorable Luke A. Rankin.

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April 8, 2015

Opinion regarding a March 30, 2015 opinion, which addressed Article III, §15 of the South Carolina Constitution.

Requested by The Honorable Raymond E. Cleary III, Senator, District No. 34.

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March 26, 2015

Opinion regarding whether serving on the board of directors of the Pee Dee Mental Health Center and on the Marion City Council would constitute dual office holding.

Requested by Ms. Doris J. Gerrald.

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March 13, 2015

Opinion regarding Town of Atlantic Beach Ordinance No. 9-2009 amending 1-2-7 of the Code of Ordinances for the Town of Atlantic Beach.

Requested by The Honorable Jake Evans, Town of Atlantic Beach.

Read full opinion

December 23, 2014

Opinion request regarding the recent election for a Fairfield County Council seat that resulted in a victory for the incumbent by four votes.

Requested by John E. James, III, County Attorney for Fairfield County.

Read full opinion

December 17, 2014

Opinion regarding preneed funeral contracts.

Requested by The Honorable Peter M. McCoy, Jr., Representative, District No. 115.

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December 12, 2014

Opinion regarding potential representation of a county veterans’ affairs officer who may be sued.

Requested by The Honorable Michael A. Pitts, Representative, District No. 14.

Read full opinion

November 6, 2014

Opinion regarding whether the South Carolina Coroners Association has authority pursuant to section 17-5-130 of the South Carolina Code to submit to the Governor a list of coroners who have not completed their required annual in-service training hours.

Requested by Lloyd B. Ward, Barnwell County Coroner.

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September 29, 2014

Opinion regarding whether it is a violation for people who do not live inside of a town’s limits to cast ballots in an election for a town official.

Requested by The Honorable Dennis Moss, Representative, House District 29.

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September 23, 2014

Opinion regarding the authority of the Murrells Inlet-Garden City Fire District “to levy and collect taxes.”

Requested by The Honorable Raymond E. Cleary III, Senator, District No. 34.

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September 18, 2014

Opinion regarding the interpretation of statutory authority governing millage rate increases for special purpose districts in the context of Murrell’s Inlet-Garden City Fire District’s desire to increase its millage rate from 10 to 14 mills.

Requested by The Honorable Stephen Goldfinch, Jr., Representative, District No. 108.

Read full opinion

September 11, 2014

Opinion regarding the legal status of Mr. Robert W. Harrell, both as Speaker of the House and as a member of the House, following the recent indictment of Mr. Harrell.

Requested by The Honorable James E. Smith, Jr., Richland County Judiciary Committee, and The Honorable Todd Rutherford, House Minority Leader.

Read full opinion

August 28, 2014

Opinion regarding the ability of an associate probate judge to serve as the personal representative for an estate of a “family friend” pursuant to her appointment within the decedent’s Last Will and Testament.

Requested by The Honorable Kathy P. Zorn, Pickens County Probate Court.

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August 25, 2014

Opinion regarding whether the Election Commission should proceed with placing the form of government referendum question for the Town of Chapin on the November 4, 2014 general election ballot.

Requested by Jeff M. Anderson, Esq., Attorney for the County of Lexington.

Read full opinion

 

August 19, 2014

Opinion regarding the interpretation of Section 7-5-120(B)(3) of the South Carolina Code. Specifically, pursuant to the terms of Section 7-5-120(B)(3), a Fairfield County resident who was convicted of a felony was removed from the active voting rolls.

Requested by: John E. James, Esq., Fairfield County Attorney

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August 14, 2014

Opinion regarding the Comptroller General “has received a request from the South Carolina Retirement Systems Investment Commission (“RSIC”) to process payment pursuant to South Carolina Code Annotated Section 9-16-370, for reimbursement of legal fees incurred by an RSIC Commission member.

Requested by: Mr. William E. Gunn, Chief of Staff, Office of the Comptroller General

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August 14, 2014

Opinion regarding several questions on special elections in the County of Lexington.

Requested by: Mr. Jeff M. Anderson, Attorney for the County of Lexington

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August 13, 2014

Opinion as to whether an individual is operating under a conflict of interest where the individual at issue is both a school board trustee and a temporary employee of the district.

Requested by: The Honorable Michael A. Pitts, District No. 14-Greenwood-Laurens Counties

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July 28, 2014

Opinion concerning the legality of the actions that may be taken by the Capital Project Sales Tax Commission subsequent to the actions that may be taken by the Capital Project Sales Tax Ordinance as presented. Specifically, would it be legally permissible for the Commission to reconvene of its own volition and accord to discuss the actions taken by Beaufort County Council.

Requested by: Joshua A. Gruber, Esquire, Staff Attorney, Beaufort County

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July 24, 2014

Opinion regarding “both the timeline and procedures for appointing members to the new board” and further ask us to address “how long…the incumbent members of the Board of Elections and Voter Registration of Richland County may continue serving in the ‘combined governing capacity’ described in SECTION 3 of Act 196 of 2014.”

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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July 22, 2014

Opinion regarding “the interpretation of Bill S.1284 as it relates to the procedure for elections after reapportionment.”

Requested by: Bert Duffie, Esquire, General Counsel, Colleton County Board of School Trustees

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July 9, 2014

Opinion as to whether the Town of Edgefield can reinstate a property tax millage rate of 81 mills, which was adjusted from 81 to 0 mills in 2006 under the impression that it could subsequently be reintroduced.

Requested by: The Honorable Roger Le Duc, Town of Edgefield Administrator

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June 30, 2014

Opinion “concerning a memorandum of understanding (hereinafter “MOU”) that was presented to the Pickens County Board of Voter Registration and Elections (hereinafter “The Board”) by the Pickens County Council…”

Requested by: The Honorable Larry A. Martin, Senator, Pickens County

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June 10, 2014

Opinion regarding an opinion we issued on May 20, 2014 in which we opined that an individual’s service as a Colleton County School Board Trustee and as a Colleton County Deputy Sheriff would most likely violate the prohibition against dual office holding.

Requested by: Bert Duffie, General Counsel, Colleton County Board of School Trustees

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June 3, 2014

Opinion on whether speeds posted on yellow traffic warning signs are legally enforceable or merely warnings to motorists, and, if enforceable, the appropriate traffic charges that can be issued for violation of such speeds.

Requested by: The Honorable Ronald C. Halfacre, Newberry County Magistrate Judge

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May 14, 2014

Opinion regarding the interpretation of Section 59-130-10 as it relates to the effect of the General Assembly’s failure to re-elect a member of the College of Charleston Board of Trustees.

Requested by: The Honorable Harvey S. Peeler, Jr., Senatorial District No. 14

Read full opinion.

May 12, 2014

Opinion regarding whether a former elected county official who pled guilty to misconduct in office pursuant to South Carolina Code § 8-1-80 et seq. pursuant to a State Grand Jury indictment would be guilty of a crime of moral turpitude for using state property for his own personal and pecuniary gain.

Requested by:  Mark A. Keel, Chief, S.C. Law Enforcement Division

Read full Opinion

May 5, 2014

Opinion regarding SC Code Section 5-7-170 and council members salary change.

Requested by Kenneth E. Gaines, Columbia City Attorney

Read full opinion.

May 2, 2014

Opinion asking whether an individual concurrently serving on both the Williamsburg County Election Commission and as Mayor of Greeleyville, violates Article XVII, Section 1A’s prohibition on dual-office holding.

Requested by: Priscilla Cooper, Chairperson, Williamsburg County Election Commission

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April 28, 2014

Opinion asking several questions regarding taxes and receipt of funds in the Town of James Island and James Island Public Service District.

Requested by: The Honorable Bill Woolsey, Mayor, Town of James Island

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March 31, 2014

March 31, 2014 Opinion concerning whether State law requires that a referendum be held in order to change elections for the City of Georgetown from partisan to nonpartisan.

Requested by: Elise F. Crosby, Esquire, City Attorney, City of Georgetown; Donna Mahn, Director, Georgetown County Elections Commission

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March 12, 2014

Opinion “on an issue that could impact the ability of the State of South Carolina to hold elections during the current election cycle.”

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

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March 12, 2014

Opinion regarding whether a governmental entity can donate money to a private religion-based educational institution.

Requested by: The Honorable Dennis C. Moss, Member, House of Representatives

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March 6, 2014

Opinion concerning the certification and nomination of candidates for countywide and less than countywide office by political parties in light of the recent enactment of the Equal Access to the Ballot Act (the “Act”) of 2013.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

Read full opinion

 

February 28, 2014

Opinion asking does S.C. Code 4-5-130 allow for the Commission to direct the named surveyors to compile a plat of area proposed to be annexed and may the Commission waive the requirement that “such surveyors shall clearly mark the proposed change of the lineup the land? And what effect does Article VII, Section 14 of the State Constitution have on the proposed Daniel Island annexation in light of the location of the present corporate limits of the City of Charleston?

Requested by: The Honorable Paul Campbell, Senator, District No. 44; and The Honorable Larry Grooms, Senator, District No. 37

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February 3, 2014

Opinion on several issues regarding William E. Robinson’s service as a member of Allendale County Council, as an ex officio member of the Allendale County Aeronautics and Economic Development Commission, and as an employee of SouthernCarolina Alliance.

Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney

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February 3, 2014

Opinion asking does S.C. Code § 33-31-620 and § 33-31-621 concerning resignation and termination in a nonprofit corporation apply to a nonprofit corporation that is also a property owner’s association?

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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January 23, 2014

Opinion as to whether Spartanburg County (the “County”) may cease providing insurance benefits to members of the County Election Commission and the County Board of Registration when the County transitions from its current insurance plan to the South Carolina Public Employee Benefit Authority’s (PEBA) insurance benefits program.

Requested by: Lisa R. Claxton, Esquire, Spartanburg County Attorney

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January 23, 2014

Opinion as to whether Spartanburg County (the “County”) must continue to provide members of the County Election Commission and the Board of Registration with the option to purchase health insurance through the County’s insurance program.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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January 15, 2014

Opinion asking may Greenville County use S.C. Code Section 12-37-235 to levy a fire service fee on tax exempt real property (such as cemeteries, hospitals, synagogues, non-profit corporations and churches) on behalf of a special purpose district and remit such a fee to the special purpose district?

Requested by: Mark W. Tollison, Esquire, Greenville County Attorney

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January 6, 2014

Opinion regarding the Regional Transportation Authority Law.

Requested by: The Honorable J. Gregory Hembree, Senator, District No. 28

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December 23, 2013

Opinion asking several questions in regards to the Governor’s Campaign and the Ethics Commission.

Requested by: The Honorable Brad Hutto, Senator, District No. 40

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December 10, 2013

Opinion as to the impact of Spartanburg County’s (the “County”) transition from a self-funded insurance plan to the South Carolina Public Employee Benefit Authority’s (PEBA) insurance benefits program on the insurance benefits currently afforded part time magistrates.

Requested by: Lisa R. Claxton, Esquire, Spartanburg County Attorney

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November 12, 2013

Opinion regarding the impact the recently passed, Equal Access to the Ballot Act, which you reference as S.2, “has on political parties who nominate candidates through the convention process.”

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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October 24, 2013

Opinion on two issues regarding dual office holding.

Requested by Chief H. Harold Brown, Elgin Police Department

Read full opinion here.

September 9, 2013

Opinion as to whether State law prohibits you from continuing to serve as a firefighter for a municipal fire department, while also holding certification from the State Fire Marshal, if you are elected to city council in a separate municipality.

Requested by:  Mr. Taylor A. Graham

Read full opinion here. 

August 28, 2013

Opinion regarding the interpretation of Section 59-127-20 as it relates to the effect of the General Assembly’s failure to re-elect a member of the South Carolina State Board of Trustees.

Requested by: Robert L. Wladrep, Jr., Chairman, South Carolina State University Board of Trustees.

Read full opinion here. 

July 26, 2013

Opinion concerning whether a legislator currently serving in the South Carolina General Assembly may also hold the position of Director of Airports on the Charleston County Aviation Authority without violating state law.

Requested by:  The Honorable Jenny A. Horne, Member, House of Representatives.

Read full opinion. 

July 2, 2013

Opinion asking us to please clarify what documentation our Office believes is the minimum documentation required for travel reimbursement by a municipality for a municipal councilman.

Requested by: The Honorable Robert Williams, Member, House of Representatives

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July 2, 2013

Opinion “on an issue that has arisen in response to the United States Supreme Court’s Ruling in Shelby County v. Hunter.

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

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June 28, 2013

Opinion asking are staff employees of the Voters Registration & Election Commission considered county employees when the authority to hire and fire does not reside with the county administrator.

Requested by: Nick Oxendine, Chairman, Allendale County Voters Registration & Election Commission

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June 17, 2013

Opinion as to whether State law prohibits an individual from simultaneously serving as a member of the Union County Commission on Alcohol and Drug Abuse and as a member of the City of Union Municipal Election Commission.

Requested by: The Honorable Shane Martin, Senator, District No. 13

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May 29, 2013

Opinion “on when the terms of Office for newly elected members of the Board of Trustees (Board) commence.”

Requested by: Gregory D. Padgett, Chair, College of Charleston Board of Trustees

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May 14, 2013

Opinion asking does an individual have to be a resident of South Carolina to be qualified for appointment to the position of Retiree Representative Member with the S.C. Retirement Investment Commission?

Requested by: Darry Oliver, Chief Operating Officer, S.C. Retirement System Investment Commission

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April 23, 2013

Opinion regarding “the effects on projects approved in an initial referendum to impose a one percent sale tax pursuant to Section 4-10-300, et seq. of the South Carolina Code.”

Requested by: The Honorable J. Yancey McGill, Senator, District No. 32

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April 16, 2013

Opinion asking if the Joint Legislative Committee wanted to use the 4% [special legal residence assessment pursuant to S.C. Code Section 12-43-220(c)(2)(ii)] would we be within the law or have we operated outside of the law in the past.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

Read more…

April 5, 2013

Opinion asking is a particular candidate eligible to represent a Congressional District on the Board of Trustees of the Medical University of South Carolina when his wife owns (in her name only) a residence registered as her primary residence in a Congressional District other than his?.

Requested by: The Honorable Peter M. McCoy, Jr., Member, House of Representatives

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April 2, 2013

Opinion asking whether the Union County supervisor is considered an elected official per S.C. Code § 4-9-30(7)? Does the supervisor fall within the scope of the county’s personnel policy? Is the county council itself authorized to hire and fire a county employee? Is county council authorized to reinstate an employee fired by the supervisor? And if county council does have the authority to fire a county employee or have an employee reinstated that is fired by the supervisor, what type of majority would county council have to have to do so?

Requested by: Sammy G. Diamaduros, Esquire, Union County Attorney

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March 14, 2013

Opinion asking which country is a constituent’s property located in where the home built on the property has been taxed since it was built close to fifteen years ago by Cherokee County but, for the first time, Spartanburg County assessor sent notice on March 19, 2021 to the constituent and to Cherokee County that he is taxing the home as being located in Spartanburg County?

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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January 31, 2013

Opinion questioning as to whether a Veterans Identification Card issued by the Department of Veterans’s Affairs would qualify as a federal military ID acceptable for voting.

Requested by: Marci Andino, Executive Order, South Carolina Elections Commission

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January 15, 2013

Opinion asking does South Carolina Code Section 57-1-310 (1976, as amended) prohibit the son of  a retired legislator from being elected to the Department of Transportation commission.

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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January 10, 2013

Opinion concerning the meaning of the McCormick County [School] Board of Trustees’ policy that “[a]ny vacancy will be filled for the unexpired portion of the term in the same manner provided for vacancies for full terms.

Requested by: The Earlean C. Smiley, Ed.D., Superintendent, McCormick County School District

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December 31, 2012

Opinion as to whether an individual employed by the South Carolina Department of Mental Health (the “SCDMH”) Division of Public Safety as a cadet pending certification as a law enforcement officer is a “public officer” as defined in S.C. Code § 8-1-10 and as used in S.C. Code § 8-1-80 concerning official misconduct.

Requested by: The Honorable Todd Rutherford, Member, House of Representatives

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December 17, 2012

Opinion concerning voting rights and weighted voting for the Jasper County Delegation (the “Delegation”).

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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November 26, 2012

Opinion concerning the question of “who has the authority to terminate the Director of the Board of Elections and Voter Registration of Richland County.”

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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November 6, 2012

Opinion asking if a candidate for a seat on the SC Board of Medical Examiners in a particular Congressional District is eligible for inclusion on the ballot for that District when he has 50 signatures, but one of those signatures was from a physician whose license was lapsed and other signatures were from physicians who reside outside the candidate’s Congressional District?

Requested by: Darra James Coleman, Chief Advice Counsel, SC Department of Labor, Licensing and Regulation

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October 23, 2012

Opinion regarding the election of commissioners of the South Carolina Department of Transportation Commission (the “DOT Commission”).     

Requested by: Kenneth M. Moffitt, Esquire, Chief Counsel, Joint Transportation Review Committee

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October 9, 2012

Opinion questioning can a deputy sheriff also hold a position such as a board member on the Fairfield County Council on Aging without violating the dual office holding provision of Article XVII, Section 1A of the South Carolina Constitution?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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September 19, 2012

Opinion concerning the manner in which the proceeds of a sale by the Lancaster County Forfeited Land Commission should be distributed when such proceeds are insufficient to pay all “unpaid property taxes, penalties, assessments…and costs including taxes levied for the year in which the redemption period begins.”

Requested by: The Honorable Cheryl H. Morgan, Lancaster County Auditor

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September 19, 2012

Opinion as to “whether a municipal police officer, sheriff, or deputy sheriff who is an active member of the South Carolina Police Officer Retirement Systems who meets the definition of ‘police officer’ for purposes of Section 9-11-10(23) of the South Carolina Code because he is ‘required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State’ is among the class of persons which may be appointed to the newly created Public Employee Benefits Authority (PEBA) pursuant to Section 9-4-10(B)(1)(b) of the South Carolina Code.”

Requested by: The Honorable John Courson, President Pro Tempore, SC Senate

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September 19, 2012

Opinion referring to section 5-7-260 of the South Carolina Code (2004), questioning “when must a municipality act by resolution and when may it act by a simple motion?”

Requested by: Thomas M. Boulware, Esquire, Brown, Jefferies & Boulware

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September 19, 2012

Opinion concerning the procedure for approving new debt not exceeding the eight percent limitation of article X, section 14(7) of the South Carolina Constitution.

Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District

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September 4, 2012

Opinion asking whether the list of eligible jurors which the State Election Commission furnishes the chief magistrates pursuant to S.C. Code Ann. §22-2-50 must include the names of individuals holding South Carolina driver’s licenses or identification cards who are not also registered voters.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistics, SC Budget and Control Board

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August 28, 2012

Opinion asking (1) whether or not the attendance of a BPW member may be via telephone, (2) whether or not a member present via telephone may be counted as part of a quorum, and (3) whether or not the vote of a member attending via telephone is valid.

Requested by: Will Martin, Manager, Bamberg Board of Public Works

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July 13, 2012

Opinion concerning the Aiken County Auditor’s retirement and an election to fill out the remainder of the unexpired term. Specifically, the Aiken County Auditor will be retiring effective June 30, 2012. His current term of office would normally expire June 30, 2013. The Auditor’s race is already on the November 2012 ballot for the term to commence July 1, 2012.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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July 10, 2012

Opinion “concerning the appointment of replacement candidates for the November 12 general election.”

Requested by: Mark W. Tollison, Esquire, Greenville County Attorney

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July 5, 2012

Opinion concerning the effect of a redistricting plan on the unexpired terms of two incumbent members of the Board of Trustees.

Requested by: Rick S. Chandler, Jr., Esquire

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July 2, 2012

Opinion regarding several questions related to the appointment and terms as Municipal Court Judge.

Requested by: The Honorable Vanessa C. Hollins, Municipal Judge, Town of Winnsboro

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June 29, 2012

Opinion concerning the date by which the Court must render a decision in order to allow the State of South Carolina sufficient time to implement the Act, R54, for the 2012 General Elections in November.

Requested by: H. Christopher Bartolomucci, Esquire, Bancroft PLLC

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June 14, 2012

Opinion concerning the effect on the majority votes when a candidate formally withdraws from a race after his name has been added to the ballot.

Requested by: Marci Andino, Executive Director, State Election Commission

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June 11, 2012

Opinion regarding the implementation of a change in the form of municipal government.

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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May 25, 2012

Opinion regarding the implementation of a change in the form of county government from the council-administrator to the council-manager form. Specifically, you have inquired whether a treasurer and auditor elected at the same election in which a referendum is passed adopting this change would be entitled to assume office and serve out their elected term.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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May 23, 2012

Opinion “as to the definition of ‘current’ under Code Section 8-13-1356(A) pertaining to filing disclosure statement by an incumbent.”

Requested by: The Honorable William E. Crosby, Member, House of Representatives

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May 16, 2012

Opinion as to whether those persons who were disqualified as candidates as a result of the recent Supreme Court decision in Anderson v. South Carolina Election Commission, Op. No. 27120 (May 2, 2012) may offer as petition candidates in the general election.

Requested by: The Honorable Tom Young, Jr., Member, House of Representatives

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May 16, 2012

Opinion concerning eligibility requirements for members of the Saluda County Water and Sewer Authority (the “Authority”).

Requested by: Brian L. Burgess, Manager, Saluda County Water and Sewer Authority

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May 8, 2012

Opinion addressing whether §7-25-100 prohibits the reproduction of a ballot by devices such as a cell phone, video camera, camera or iPad.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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May 7, 2012

Opinion as to whether the Jasper County Council has the authority to require the County Treasurer to provide an employee of her office to work at an administrative satellite office the County Council recently established at a location outside the county seat.

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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April 11, 2012

Opinion relating “to a potential annexation in the Town of Lexington.” Specifically, “[t]he Town argued that [it] had [the] legal ability to use [a] previously annexed right of way to become contigous to the property in question.”

Requested by: The Honorable Rick Quinn, Member, House of Representatives

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April 9, 2012

Opinion addressing the impact of reapportionment on the election of commissioners of the South Carolina Department of Transportation (the “DOT”).

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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March 30, 2012

Opinion concerning the interpretation of sections 5-3-310 through -315 of the South Carolina Code (2004). The facts, as you have represented them, are that the City of North Charleston (“the City”) has annexed a portion of unincorporated Dorchester County that has heretofore been serviced by the Ashley River and Old Fort Fire Districts (collectively, “the Districts”).

Requested by: John G. Frampton, Esquire

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March 20, 2012

Opinion concerning Cherokee County Council’s authority to fund a scholarship program proposed by community members of the County that would provide tuition assistance to students who attend a local technical college and meet certain qualifications.

Requested by: Joseph L. Mathis, Esquire

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February 21, 2012

Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office.

Requested by:  Sarah G. Noel, Clerk, Bamberg County Probate Court

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January 25, 2012

Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.

Requested by: The Honorable Ralph W. Norman, Member, House of Representatives

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December 22, 2011

Opinion addressing whether or not circuit public defenders are entitled to accrue annual leave policies for state employees. Specifically, whether or not they are also entitled to receive payment for accumulated, unused annual leave (“terminal leave”) upon leaving the position.

Requested by: James M. Holly, Chief of Staff of Comptroller General

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December 21, 2011

Opinion as to whether the provisions of section 33-31-1602 of the South Carolina Code (Supp.) 1994 superseded the bylaws and covenants of gated communities.

Requested by: The Honorable Tom Davis, Senator, District No. 46

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November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

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November 17, 2011

Opinion “as to the proper implementation of Act 301 of 2010 (H4635, A301, R167; signed by the Governor March 31, 2010)…”

Requested by: The Honorable Bakari T. Sellers, Member, House of Representatives

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November 7, 2011

Opinion concerning “[u]nder what authority, if any, does a county council have the authority to enact an ordinance requiring elected officials residing in that county, including the county legislative delegation, to submit to a drug screen as a condition for holding office?”

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

October 26, 2011

Opinion concerning the validity of Proviso 76.14 as proposed in the Conference Committee Report concerning the 2011-2012 Appropriations Act.

Requested By: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer

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October 21, 2011

Opinion regarding county veterans’ affairs officers. Specifically, whether employees of a county veterans’ affairs officer are county employees, and to whom these employees are accountable.

Requested by: The Honorable Mike Forrester, Member, House of Representatives

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September 26, 2011

Opinion concerning school districts and their employees who participate in the Teacher and Employee Retention Incentive (TERI) program.

Requested by: The Honorable Dennis C. Moss, Member, House of Representatives

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September 7, 2011

Opinion asking whether the Greenville Legislative Delegation must “use the weighted vote of the entire Delegation, or may we use the weighted vote of a quorum, present and voting, to determine the outcome of a motion.”

Requested by: The Honorable Michael L. Fair, Senator, District No. 6

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August 31, 2011

Opinion concerning Stormwater Management Utility Service charges.

Requested by: Mr. Grant Duffield, Tega Cay City Manager

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August 16, 2011

Opinion concerning a provision in the recently enacted legislation, H.3003, or commonly known as the “Photo ID” or “Voter ID” legislation.

Requested by: Marci Andino, Executive Director, SC Election Commission

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August 12, 2011

Opinion addressing the Arcadia Lakes Town Council and minutes of a Town Council meeting mistakenly stating a council member’s intention to resign versus his “intention not to seek reelection…in the November 2011 election.”

Requested by: The Honorable Bob Bishop, Mayor Pro Tem, Town of Arcadia Lakes

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August 5, 2011

Opinion concerning whether the State Election Commission has the authority to contract with the vendor that is developing the new statewide voter registration system for the purpose of marketing the system to other states.

Requested by: Marci Andino, Executive Director, SC Election Commission

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August 5, 2011

Opinion concerning any legal concerns we find with the new electronic signature system.

Requested by: Marci Andino, Executive Director, SC Election Commission

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August 3, 2011

Opinion on behalf of the Town of Williamston South Carolina concerning health benefits available to the Town’s council members. Specifically, an opinion setting forth the proper procedure to use in this and other situations wherein Councilpersons who desire to receive health coverage under the South Carolina Employee Insurance Program may obtain such coverage without violation of 1976 South Carolina of Law Section 5-7-170.

Requested by: Richard E. Thompson, Esquire

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June 28, 2011

Opinion referencing an opinion dated January 17, 1990 regarding a police agency using seized money. This opinion answers as to whether the “first $1,000.00” can still be used for any public purpose of law enforcement, as §44-53-530 has been amended since the 1990 opinion.

Requested by: Gerald Brooks, Chief of Police, Greenwood Police Department

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June 28, 2011

Opinion concerning millage rate calculations during a reassessment year in Beaufort County and Jasper County. More specifically, questioning what role the rollback provisions in sections 6-1-320(A) and 12-37-251(E) of the South Carolina will play under these circumstances.

Requested by: Ladson F. Howell, Esquire and Marvin C. Jones, Esquire

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June 27, 2011

Opinion concerning the authority of the State Election Commission (SEC) to enter into a contract with the political parties for the purposes of conduction the 2012 Presidential Preference Primaries.

Requested by: Ms. Marci Andino, Executive Director, State Election Commission

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June 23, 2011

Opinion concerning two provisos recently adopted as a part of the Appropriations Act by the Conference Committee. Specifically, seeking clarification and guidance concerning the authority to conduct the 2012 Presidential Preference Primaries (PPP).

Requested by: Ms. Marci Andino, Executive Director, State Election Commission

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May 25, 2011

Opinion as to whether a gated community in South Carolina can prohibit door to door campaigning by candidates for local, state or federal elections.

Requested by: The Honorable Tom Young, Jr., SC House of Representatives

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May 24, 2011

Opinion concerning the status of the Town of Whitmore’s (the “Town”) form of municipal government.

Requested by: Robert C. Lake, III, Esquire

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April 21, 2011

Opinion concerning the authority of the Director of the Department of Corrections to establish and revise the procedures and protocols concerning the management of lethal injection executions pursuant to S.C. Code Ann. § 24-3-530.

Requested by: Mr. William R. Byars, Jr., Director, S.C. Carolina Department of Corrections

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April 20, 2011

Opinion regarding the minimum level of law enforcement services provided in the Town of Pendleton, a municipality in Anderson County.

Requested by: Daniel L. Draisen, Esquire

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April 13, 2011

Opinion concerning the removal of a city council member.

Requested by: Grant W. Duffield, City Manager, City of Tega Cay

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March 31, 2011

Opinion asking whether it would “be a conflict of interest for [you] to continue as the County Registration/Elections Director and a member of the [Greenville-Spartanburg] GSP Commission,” should you be nominated by the County’s Legislative Delegation and appointed by the Governor.

Requested by: Henry M. Laye, III, Director, Spartanburg County Voter Registration & Elections

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March 3, 2011

Opinion regarding the constitutionality of a provision which is part of the Senate passed version of the “Voter ID” Bill pending in the General Assembly.

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Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

March 1, 2011

follow-up opinion questioning whether the Legislature possesses authority to “overrule” or alter the Supreme Court’s decision in Focus on Beaufort County on Behalf of Certain Registered Voters of Beaufort County v. Beaufort County, 318 U.S. 227, 456 S.E.2d 910 (1995).

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Requested by: The Honorable Chip Huggins, Member, House of Representatives

January 10, 2011

Opinion interpreting the recently enacted South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act of 2010 (Act No. 247 of 2010).

Requested by: The Honorable Robert W. Hayes, Jr., Member, SC Senate

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January 5, 2011

Opinion questioning “what is the extent, if any, of the legal authority of the South Carolina Commission on Higher Education (CHE) to require its approval of the USC School of Medicine’s expansion of the existing medical school program in Greenville to include first and second year medical students.”

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Requested by: The Honorable John Courson, Member, SC Senate

November 23, 2010

Opinion as to the validity of an ordinance enacted by the Town of Cheraw.

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Requested by: Michael D. Smith, Town Administrator, Town of Cheraw

October 14, 2010

Opinion on dual office holding (secretary for the Clearwater Water & Sewer District and serve as a Commissioner of the Clearwater Water & Sewer District).

Requested by Mr. Marvin Herndon, Chairman, Clearwater Water & Sewer District.

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September 28, 2010

Opinion concerning the holding of a referendum by the Town of Elgin.

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Requested by: John F. Fantry, Jr., Esquire

September 8, 2010

Opinion concerning actions taken by the South Carolina State University Board of Trustees with regard to the election of its president.

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Requested by: The Honorable Robert Ford, Member, SC Senate

September 3, 2010

Opinion concerning the Ethics Commissions’ ability to rule on the constitutionality of a provision of the Ethics Act.

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Requested by: Herbert R. Hayden, Jr., Executive Director, SC State Ethics Commission

August 30, 2010

Opinion on dual office holding (state employee who also works in the education field).

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Requested by: A. Glenn Greene, Esquire

August 2, 2010

Opinion concerning “whether South Carolina Law allows one individual to be appointed as the county veterans affairs officer for multiple counties.”

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Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

July 1, 2010

Opinion regarding Richland County employees serving on the Richland County Board of Voter Registration. Specifically, whether there is a conflict of interest and whether the Governor has the authority to name the Chairperson of the Board of Voter Registration.

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Requested by: Larry C. Smith, Esquire

June 25, 2010

Opinion concerning the ability to serve on the Appellate Panel for the Department of Employment and Workforce while also serving on several other boards and committees.

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Requested by: Mr. Steve S. Kelly, Jr.

May 25, 2010

Opinion concerning extending the terms of Board of Trustees.

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Requested by: The Honorable Murrell Smith, Member, House of Representatives

May 3, 2010

Opinion questioning the procedure to replace the sheriff after resigning following an indictment to federal drug charges.

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Requested by: The Honorable Grady A. Brown, Member, House of Representatives

March 30, 2010

Opinion asking whether the “city ordinance giving power to the council to approve appointment or dismissal of department heads [is] consistent with state law regarding the mayor-council form of government.” And whether the council alone may reinstate an “employee or department head” who resigned.

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Requested by: Elise F. Crosby, Esquire

March 26, 2010

Opinion concerning term limits for a municipal council. Specifically, “whether a municipal council in the State of South Carolina can enact term limits on its council members, whether the method be by ordinance or by referendum vote.”

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Requested by: Elbert O. Duffie, III, General Counsel, Town of Edisto Beach

March 17, 2010

Opinion concerning the implementation date to change the form of government in the City of Columbia.

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Requested by: Kenneth E. Gaines, Esquire

March 16, 2010

Opinion regarding S.C. Code Ann. § 5-7-200(b) and its applicability to the current vacancy on the Columbia City Council.

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Requested by: The Honorable James E. Smith, Member, House of Representatives

March 1, 2010

Opinion concerning “whether real property anticipated to be used for residential purposes can be placed into a joint county industrial and business park (a ‘Multi-County Business Park’) created pursuant to Section 13 of Article VIII of the Constitution of the State of South Carolina, as implemented by Section 4-1-170, et seq., Code of Laws of South Carolina, 1976, as amended (the ‘Joint County Industrial and Business Park Act’).”

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Requested by: Thomas L. Martin, Esquire

February 24, 2010

Opinion concerning the constitutionality of section 12-37-670 of the South Carolina Code (Supp. 2009).

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Requested by: R. Brent Thompkins, Esquire

February 16, 2010

Opinion questioning whether an Act such as Act No. 155 of 2007, defines the lines of Sumter County School Districts 2 and 17 for tax, attendance and election purposes.

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Requested by: The Honorable Phil P. Leventis, Member, SC Senate

February 3, 2010

Opinion questioning as to “whether or not Richland County can enforce its zoning regulations related to forestry activities on forestland.”

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Requested by: Amelia R. Linder, Esquire

January 27, 2010

Opinion questioning whether an individual whose law enforcement experience is limited to serving as a reserve police officer pursuant to S.C. Code Ann. §§ 23-28-10 et seq. would qualify as a “certified law enforcement officer” for purposes of being qualified to be elected sheriff.

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Requested by: The Honorable V. Stephen Moss, Member, House of Representatives

January 11, 2010

Opinion interpreting section 34-39-175 of the South Carolina Code. Specifically, “should outstanding deferred presentment loans be captured in the initial implementation of the common database or would such action be an improper retroactive application of the new statute?”

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Requested by: The Honorable Converse A. Chellis, III, CPA, Treasurer, State of South Carolina

December 21, 2009

Opinion “regarding the commissioners of New Ellenton Commission of Public Works (NECPW)”.Specifically, “the validity of the position of the current commissioners of the NECPW.”
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Requested by: The Honorable W. Greg Ryberg, Member, SC Senate

December 21, 2009

Opinion concerning section 48-23-260 of the South Carolina Code. Specifically, what is meant by “general school purposes?”
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Requested by: Marvin C. Jones, Esquire

December 16, 2009

Opinion concerning a personnel policy adopted by Charleston County restricting Charleston County employees ability to seek elected office.
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Requested by: The Honorable Joe Danning, Member, House of Representatives

December 2, 2009

Opinion concerning what a person or entity has the authority “to impose sanctions for misbehavior and poor performance in office by the veterans’ affairs officer.”
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Requested by: Jonathan W. Bryan, Esquire

October 29, 2009

Opinion concerning dual office holding. Specifically, a Town Council member, who is also Mayor Pro-Tem and serves as president of a member owned private telephone cooperative.
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Requested by: The Honorable Ralph E.G. Patterson Sr., Mayor, Town of Due West, S.C.

October 14, 2009

Opinion concerning “the apparent conflicting statutory provisions applicable to the [Broad Creek Public Service District] set forth in Sections 6-1-320 and 6-11-271 of the South Carolina Code of Laws, as amended.”
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Requested by: Marshall N. Katz, Chairman, Broad Creek Public Services District

August 27, 2009

Follow-up to an opinion issued on April 21, 2009, concerning a mayor pro tempore’s service as mayor.
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Requested by: R. Allen Young, Esquire

August 25, 2009

Opinion concerning “the appropriate term that a gubernatorial appointee should serve in filling a recent vacancy in the Clerk of Court’s Office here in Beaufort County.”
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Requested by: Ladson F. Howell, Esquire

August 19, 2009

Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
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Requested by: Mary C. McCormac, Esquire

August 19, 2009

Opinion regarding “the permitted generation and use of bond premiums in matters of school district finance.”
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Requested by: The Honorable Don C. Bowen, Member, House of Representatives; and The Honorable W. Brian White, Member, House of Representatives

August 13, 2009

Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
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Requested by: The Honorable William C. Stanley, Mayor, Town of Ehrhardt

August 4, 2009

Opinion addressing the legality of a proposed ordinance being considered by the City of Tega Cay.
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Requested by: Grant Duffield, City Manager, City of Tega Cay

July 21, 2009

Opinion concerning the legality of a proposed ordinance requiring “a City council member duly elected and currently serving on City Council, to resign his position as Council member, such resignation effective upon such Council member’s filing to run for Mayor of the City.”
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Requested by: Grant Duffield, City Manager, City of Tega Cay

July 24, 2009

Opinion questioning whether “any conflict or violation of federal or state law” exists that would prohibit you “from continuing to serve in the House of Representatives while serving as a member on the State Farm Service Committee[.]”
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Requested by: The Honorable Jimmy C. Bales, Ed.D., Member, House of Representatives

June 4, 2009

Opinion questioning whether an individual may be appointed to the Anderson County Election Commission if that individual already serves on the Iva Fire Department Board of Directors.
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Requested by: The Honorable Michael W. Gambrell, Member, House of Representatives

June 17, 2009

Opinion questioning whether there was a conflict of interest due to a member of the Dorchester County Board of Elections and Registration, taking a “leave of absence” for approximately ten months in 2008 to help his wife campaign for reelection as Dorchester County Treasurer and then resume his duties as a member of the Board where his wife was on the ballot as a candidate.
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Requested by: The Honorable Michael T. Rose, Member, SC Senate

June 10, 2009

Opinion questioning whether a person who resides in the same county as the sitting at-large member of the State Commission of the Department of Transportation would be eligible for election as a district commissioner.
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Requested by: Linda McDonald, Chief Counsel, South Carolina Department of Transportation

June 4, 2009

Opinion questioning the eligibility of Dr. Thomas Rowland to continue to represent District 2 on the Board of Trustees of the Medical University of South Carolina. .
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Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina

May 12, 2009

Opinion as to “the impact of the Uniform Electronic Transaction Act of 2004 on county registration and election offices accepting voter registrations applications for absentee ballots via facsimile or email.” And if this satisfies requirements in section 7-5-155(d) of the South Carolina Code.
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Requested by: Marci Andino, Executive Director, South Carolina Election Commission

May 6, 2009

Opinion regarding Sheriff McCaskill, without the consent of the governing body of the County, “take over the operation of the Detention Center”, upon the authority of Section 24-5-10, when the Sheriff’s predecessor in office, upon approval of the Kershaw County Council, devolved “all of his powers and duties relating to the custody of the county jail and the appointment of the jailer on the governing body” of Kershaw County as provided in Section 24-5-12?
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Requested by: J. Kennedy Dubose, Jr., Esquire

April 23, 2009

Opinion as to “whether the Vander Linden case requires ‘weighed voting’ regarding the votes of the Dorchester County Legislative Delegation to recommend to the Governor an appointment to the Dorchester County Water Authority.”
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Requested by: The Honorable Michael T. Rose, Member, SC Senate

April 21, 2009

Opinion concerning a mayor pro tempore’s service as pursuant to section 5-7-190 of the South Carolina Code.
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Requested by: R. Allen Young, Esquire

March 16, 2009

Opinion regarding the impact whether of the decision of the Fourth Circuit Court of Appeals in Vander Linden v. Hodges, 193 F.3d 268 (4th Cir. 1999).
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Requested by: The Honorable Harold Mitchell, Member, House of Representatives

February 6, 2009

Opinion as to “whether, pursuant to S.C. Code Ann. § 1-3-240,the Governor has the authority to Setoff Debt Collection Act (“the Act”), based upon its being considered a “quasi-governmental entity”.
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Requested by: The Honorable Kenneth A. BinghamHonorable , Majority Leader, House of Representatives

January 13, 2009

Opinion addressing the installation of one of the Board’s members given the situation explained in a previous letter to this Office dated November 17, 2008.

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Requested by: William F. Halligan, Esquire

December 17, 2008

Opinion questioning whether of member of a municipal election commission can vote his or her personal knowledge during a protested hearing.

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Requested by: The Honorable Phillip E. Clardy, Mayor, Town of Williamston

October 28, 2008

Opinion questioning whether a member of the New Ellenton city council who lives in an area no longer considered a part of or annexed to the City of New Ellenton, may continue to serve out his term of office or does he have to resign.

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Requested by: The Honorable James E. Stewart, Jr., Member, House of Representatives

October 23, 2008

Opinion questioning as to “whether or not to count an absentee ballot cast by a voter who died after submitting the ballot.”

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Requested by: Marci Andino, Executive Director, South Carolina State Election Commission

October 16, 2008

Opinion regarding S.C. Code Ann. §7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.

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Requested by: The Honorable Gilda Cobb-Hunter, Member, House of Representatives

October 16, 2008

Opinion regarding S.C. Code Ann. § 7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.

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Requested by: The Honorable Phil P. Leventis, Member, SC Senate

October 16, 2008

Opinion questioning whether a county board of registration is authorized to establish places other than the office of the county board of registration at which absentee ballots may be cast prior to the date of the general election.

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Requested by: James M. Holly, Esquire

October 13, 2008

Opinion as to “whether the agency’s current written policy banning political activity on its property will withstand constitutional scrutiny”.

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Requested by: Marcia S. Adams, Executive Director, South Carolina Department of Motor Vehicles

October 8, 2008

Opinion concerning “the impact of S.C. Code Ann. §§ 6-11-273 and 6-11-275 on the ad valorem property tax millage rate levied by the Slater-Marietta Fire District.”

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Requested by: The Honorable Lewis R. Vaughn, Member, SC Senate

September 30, 2008

Opinion regarding campaign literature and materials such as campaign t-shirts, hats, pins, etc. being displayed or worn in an absentee precinct and/or other polling placing.

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Requested by: Marci Andino, Executive Director, State Election Commission

September 24, 2008

Opinion questioning whether Supreme Court Justices, Judges of the Court of Appeals, Judges of the Circuit Courts, and Judges of the Family Courts are required to have individual bonds, or whether they can be covered under the Judicial Departments’ blanketed bond.

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Requested by: Julie Boland, South Carolina Judicial Department

September 19, 2008

Opinion questioning whether the population determination required under section 5-1-30 (B)(1) of the South Carolina Code requires population to be that as determined by the latest official United States Census or whether it can be based upon “the assumption of growth in the absence of the census in Section (B)(1)?”.

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Requested by: Bobby M. Bowers, Director, South Carolina Budget and Control Board

September 15, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 23-11-110 which deals in part with the years of experience that an individual must have in order to offer his candidacy for the office of sheriff.

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Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy

September 12, 2008

Opinion regarding “moving the criminal court from the City-County Complex in Florence to a site in Effingham, which is not inside the City of Florence…”.

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Requested by: The Honorable James T. Schofield, Member, Florence County Council

September 8, 2008

Opinion “as to whether school districts that were recipients of funding under the Public Choice Innovation Schools (PCIS) grant program in 2007-08 (funded through proviso 1A.69)…may carry forward those funds to the current school year.”

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Requested by: The Honorable Jim Rex, Superintendent of Education

August 18, 2008

Opinion regarding how to increase the membership on the Belvedere Fire District’s Board of Commissioners.

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Requested by: The Honorable Donald C. Smith, Member, House of Representatives

August 13, 2008

Opinion concerning the residence of on one of the Town of Fort Mill’s councilmembers who was elected in November of 2007.

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Requested by: B. Bayles Mack, Esquire

July 30, 2008

Opinion regarding the residency requirement for members of the Cheraw Town Council (“Town Council”).

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Requested by: J. William Taylor, Town Administrator, Town of Cheraw

June 25, 2008

Opinion concerning financing a water system or expansion of a water system with proceeds generated by the CPST Act directly, or through a County municipality, public service district, special purpose district, or other non-profit water company.

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Requested by: Thomas L. Martin, Esquire

June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

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Requested by: Brian T. Grier, Esquire

June 5, 2008

Opinion concerning the interpretation of the term “resident freeholders” as used in section 5-3-280 of the South Carolina Code. Specifically, whether this term includes illegal aliens owning property in a district.

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Requested by: The Honorable Bill Herbkersman, Member, House of Representatives

June 5, 2008

Opinion concerning the correct nominating and election procedure to be utilized due to the death of unopposed Republican nominee for Coroner of Newberry County Mr. Tommy Hedgepath.

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Requested by: The Honorable Walton J. McLeod, Member, House of Representatives

May 6, 2008

Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).

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Requested by: The Honorable Phil P. Leventis, Member, Senate

May 1, 2008

Opinion concerning a change in the form of the City of Hardeeville’s government.

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Requested by: David L. Tedder, Esquire

April 7, 2008

Opinion regarding the special tax district created in Savannah Lakes Village (“SVP”) by McCormick County Ordinance.

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Requested by: G.P. Callison, Jr., Esquire

April 2, 2008

Opinion regarding the “qualification of a school board trustee who has been adjudicated as failing to comply with specific provisions of the South Carolina Ethics Act.”

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Requested by: The Honorable Alvin Maynor, Chairman, Bamberg School District Two Board of Trustees

March 31, 2008

Opinion regarding 1) what determines an individuals place of legal residence; and 2) when an individual files to run for a Board seat in a particular congressional district or judicial circuit, whether the individual has to be a resident in the district or circuit at that time or whether he can move into the area once elected .

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Requested by: The Honorable Olin R. Phillips, Chairman, Committee to Screen Candidates for the Board of Trustees of State Colleges and Universities

March 19, 2008

Opinion concerning who has the authority to enforce S.C. Code Ann. 7-9-50.

Requested by: Chris Whitmire, Public Information Officer, South Carolina State Election Commission

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March 6, 2008

Opinion questioning whether a Barnwell County salaried employee can also legally serve as clerk of court.

Requested by: Debra Fickling, Barnwell County

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March 4, 2008

Opinion on Section 7-13-15 of the South Carolina Code.

Requested by Mr. Michael Young, Director of Registration & Elections, Florence County Voter Registration and Elections Commission.

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March 3, 2008

Opinion concerning the interpretation of S.C. Code Annotated Sections 5-9-10 through 5-9-40.

Requested by: Lee Zimmerman, Esquire, Blythewood Town Attorney

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February 19, 2008

Opinion questioning whether filing of election candidates is to be opened on March 16th and close March 30th, though both dates are on Sundays in 2008 in relation to S.C. Code Ann. 7-11-15.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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January 22, 2008

Opinion clarifying our December 5, 2007 opinion, which concluded, “that the Town of Summerville may enforce its sign ordinance in state rights of way”.

Requested by: The Honorable Randy Scott, Member, SC Senate

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January 11, 2008

Opinion regarding, determination of domicile for voter registration purposes.

Requested by: The Honorable Herb Kirsch, Member, House of Representatives

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January 9, 2008

Opinion regarding the provision of S.C. Code Ann. 7-13-860, and affirming the principles and clarifying that poll watchers have the ability to examine the registration book as long as they do not interfere with the voting process.

Requested by: The Honorable Todd Rutherford, Member, House of Representatives

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January 2, 2008

Opinion concerning the eligibility of individuals serving abroad on military duty to serve on the Citadel Board of Vistors.

Requested by: Mark C. Brandenburg, Esquire

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December 17, 2007

Opinion concerning the Gaffney Board of Public Works, regarding the authority and responsibilities of this entity.

Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives

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December 13, 2007

Opinion concerning custodial right to public documents in Chester County when the county does not have an office of mesne conveyances.

Requested by: Joan Elizabeth Winters, Esquire

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December 12, 2007

Opinion on dual office holding (serves on the Mental Health Commission and be a member for Berkeley County School Board District No. 3).

Requested by Ms. Joan Moore, Goose Creek.

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December 5, 2007

Opinion concerning the legality of a Town of Summerville sign ordinance. Specifically “Can the Town enforce the sign ordinance for those signs placed in our corporate boundaries, but within county or state rights-of-way?”

Requested by: Dennis Pieper, Summerville Town Administrator

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November 30, 2007

Opinion regarding the home rule act, once a municipality enacts one form of government, i.e. section 5-11-20, specifically the Council form of government can a later council by ordinance give the Mayor the strong Mayor powers of section 5-9-20, et seq.

Requested by: The Honorable Bill Herbkersman, Member, House of Representatives

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November 14, 2007

Opinion on whether the Election Commission is required to provide social security numbers on lists of potential jurors.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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October 31, 2007

Opinion “concerning payment of filing fees for the office of the President of the United States from the State Republican Party to the South Carolina Election Commission.”

Requested by: The Honorable Nikki Randhawa Haley, Member, House of Representatives

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October 22, 2007

Opinion regarding the continued applicability of an opinion issued in 1989 to Senator Isadore Lourie on the county election commission firing and hiring its employees.

Requested by: The Honorable David R. Hiott, Member, House of Representatives

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October 17, 2007

Opinion pertaining to the election of officers to the Fairfield County School Board regarding the terms of office for the Board’s Chairman, Vice-Chairman and Secretary.

Requested by: Charles J. Boykin, Esquire

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October 11, 2007

Opinion concerning implementation of pay increases for the Town’s council and mayor.

Requested by: John B. Williams, Esquire

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September 21, 2007

Opinion as to whether a particular individual is eligible to serve on the South Carolina Department of Transportation’s Commission.

Requested by: The Honorable William H. O’Dell, Member, SC Senate

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August 16, 2007

Opinion concerning whether those elected to fill vacancies created on the South Carolina Department of Transportation Commission “are eligible for election to full four-year terms at the expiration of their current partial terms.”

Requested by: Linda C. McDonald, Chief Counsel, S.C. Department of Transportation

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August 14, 2007

Opinion concerning the governance of the Charleston County Parks and Recreation Commission and the Charleston County Board of Elections and Voter Registration.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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August 3, 2007

Follow-up opinion to a July 18, 2007 opinion regarding whether an individual can vote in the Democratic Presidential Primary and vote Republican in the general election. The new question is whether an individual may vote in the Democratic Presidential Primary and also vote in the Republican Primary for local and state offices.

Requested by: The Honorable Randy Scott, Member, SC Senate

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July 18, 2007

Opinion asking “if an individual votes in the presidential primaries as a Democrat, can the same individual vote Republican in the general election?”

Requested by: The Honorable Randy Scott, Member, House of Representatives

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June 26, 2007

Opinion as to “whether an increase in the millage rate imposed for fire service areas set forth by the Spartanburg County Annual Budget Ordinance is limited by the provisions of section 6-1-320, Code of Laws of South Carolina, 1976 as amended.”

Requested by: Edwin C. Haskell, III, Esquire

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June 22, 2007

Opinion regarding section 7-13-1620(A) as to whether the Commission may approve a voting system for use in South Carolina.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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June 20, 2007

Opinion “regarding the limits on the ability of a local municipality to use condemnation authority to acquire private property for redevelopment.”

Requested by: The Honorable Danny Verdin, Member, SC Senate

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June 1, 2007

Opinion concerning the eligibility of Town employees to serve as poll workers for municipal elections.

Requested by: R. Allen Young, Esquire

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June 1, 2007

Opinion concerning a change in election dates and if this violates section 5-7-170 of the Southe Carolina Code.

Requested by: R. Allen Young, Esquire

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May 21, 2007

Opinion concerning a recent ordinance passed by the City Council for the City of Woodruff. Primary concern is with the requirement that members of the Planning Commission must be both residents of the City of Woodruff and own land in the City.

Requested by: Suni McMath, Chair, Steven Teague, Vice Chair, David Thomas, Secretary, Brad Burnett, City of Woodruff Planning and Zoning Commission

Read full opinion

May 18, 2007

Opinion concerning the requirements for the certification of election results.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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May 9, 2007

Opinion concerning dual office holding involving a member of the Spartanburg Planning Commission being appointed to the Spartanburg County Commission for Higher Education.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

Read full opinion

March 28, 2007

Opinion on the validity of the selection of the SC Department of Transportation Commissioner in light of the requirements of 57-1-325 and other provisions of state law.

Requested by: The Honorable George E. Campsen, III, Member, South Carolina Senate

Read full opinion

March 7, 2007

Opinion concerning the use of school buildings by political parties to hold precinct reorganization meetings.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

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February 28, 2007

Opinion as to whether you may hold a position on the Spartanburg School District Three School Board while remaining employed as an Industrial Relations Coordinator at Daniel Morgan Technology Center.

Requested by: Harvey A. Dailey

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February 22, 2007

Opinion as to the legality of a proposed joint resolution. “Changing the date for a sales and use tax referendum held during the 2006 General Election from no later than November 30, 2006 to December 10, 2006”…”only applies to Beaufort County”.

Requested by: The Honorable Richard E. Chalk, Member, House of Representatives

Read full opinion

February 21, 2007

Opinion regarding S.C. Code Ann. Section 57-1-330(A) (1976 as amended). Concerning the current procedure with respect to the election of commissioners of the South Carolina Department of Transportation (SCDOT) and how such election is affected by the federal constitutional requirement regarding “one person, one vote.”

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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February 16, 2007

Opinion regarding the use of Eminent Domain in the Town of Mount Pleasant. “While Charleston County is certainly the holder of ½ cents sales tax monies, can they promulgate rules and procedures which were not specifically authorized in the referendum ballot question and/or which contradict existing law (Eminent Domain, Title 28 of the South Carolina Code of Laws).”

Requested by: R. Allen Young, Esquire

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February 16, 2007

Opinion regarding the recent removal of chairman of the Commission for the Blind and whether relevant state statutes or the Commission bylaws have precedence in certain situations.

Requested by: Mary Sonksen, VP, SC Board of Commissioners, SC Commission for the Blind

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February 5, 2007

Opinion concerning the membership qualifications for the Rural Community Water District of Georgetown County.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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February 2, 2007

Opinion on the clarification of S.C. Code Ann. 43-25-10. Regarding being removed as chairman of the board of the State Commission for the Blind without cause.

Requested by: Montye M. DuBose, Member, State Commission for the Blind

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January 29, 2007

Opinion considering the constitutionality of section 5-31-620 of the South Carolina Code.

Requested by: Margaret C. Pope, Esquire

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January 29, 2007

Opinion concerning being “elected Mayor Pro Tem by the Latta Town Council following the suspension of Mayor Lanue Berry, and the resignation of Mayor Pro Tem Christy Berry”, and having authority to reappoint members to committees as acting Mayor for the Town of Latta.

Requested by: The Honorable Alexander J. Stoops, Jr., Mayor Pro Tem, Town of Latta

Read full opinion

January 17, 2007

Opinion regarding S.C. Supreme Court decision Sloan v. Hardee, et al. and S.C. Code section 57-1-320 prohibiting a SCDOT Commissioner from serving a consecutive term of office.

Requested by: The Honorable Tee Hooper, Chairman, S.C. Transportation Commission

Read full opinion

December 1, 2006

Opinion requesting whether being an employee of the Barnwell County Career Center, as an electrical instructor, and being a member of the Barnwell County Council would result in a conflict of interest.

Requested by: Ron Still

Read full opinion

November 8, 2006

Opinion questioning if a person serving on the transportation committee and the election committee, election committee and zoning appeals board or a local contractor serving on the planning commission constitutes dual office holding.

Requested by: Judith M. Frank, Clerk, Jasper County Council

Read full opinion

November 8, 2006

Opinion questioning whether or not a referendum will be required to allow the assumption of ownership of the City of Chesnee’s sewer system by the Spartanburg Sanitary Sewer District.

Requested by: Lawrence E. Flynn Jr., Esquire

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November 1, 2006

Opinion reviewing former opinion dated July 31, 2006 relating to a proposed promotion entitled “Chuck-A-Puck.”

Requested by: Charles E. Brown, Director of Investigations, South Carolina Secretary of State’s Office

Read full opinion

October 27, 2006

Opinion concerning the constitutionality of the 2006 amendments to section 12-37-670 of the South Carolina Code.

Requested by: Ray N. Stevens, Director, South Carolina Department of Revenue

Read full opinion

October 16, 2006

Opinion concerning the funding of the Central Midlands Regional Transit Authority. Specifically, asking for an opinion as to the “legality of two possible sources of funding for the Central Midlands Regional Transit Authority (CMRTA).”

Requested by: The Honorable Jimmy C. Bales, Ed.D., Member, House of Representatives

Read full opinion

October 10, 2006

Opinion questioning the basis for opinions of this office that have concluded that the terms of municipal council members may be shortened in certain circumstances.

Requested by: R. Allen Young, Esquire

Read full opinion

October 4, 2006

Opinion regarding the Drycleaning Facility Restoration Trust Fund which is established pursuant to the provisions of S.C. Code Ann. §§ 44-56-410 et seq.

Requested by: The Honorable Larry K. Grooms, Member, SC Senate

Read full opinion

September 29, 2006

Opinion that inquiring the possible means by which the Town of Gray Court could obtain law enforcement services for the Town.

Requested by: The Honorable Garry R. Smith, Member, House of Representative

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September 22, 2006

Opinion concerning the deputy auditor for Greenville County.

Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

Read full opinion

August 29, 2006

Opinion concerning amendments to an ordinance enacted by a referendum in Folly Beach. This referendum would create a new section in the Fire Prevention Code.

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

Read full opinion

August 24, 2006

Opinion concerning whether or not a group of candidates may jointly seek donations.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

Read full opinion

July 27, 2006

Opinion concerning the eligibility of a write-in candidate to take office.

Requested by: The Honorable Ernest G. Trammell, Member, Laurens County Council

Read full opinion

July 27, 2006

Opinion referencing a recently enacted provision amending S. C. Code Ann. § 61-6-2010 which deals with the issuance of a temporary permit allowing the possession, sale, and consumption of alcoholic liquors by the drink to “bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales.”

Requested by: The Honorable James H. Harrison, Member, House of Representatives

Read full opinion

July 19, 2006

Opinion regarding the legality and constitutionality of the Competitive Cable Services Act.

Requested by: R. Allen Young, Esquire

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July 19, 2006

Opinion inquiring whether “it is possible to be employed as a vice president of a state supported technical college and serve as a state senator in the same county?”

Requested by: Nancy T. Welch

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

Read full opinion

July 19, 2006

Opinion requesting follow-up opinion to an opinion issued May 23, 2006.

Requested by: Robert C. Norwood, Chairman and J. Walter Brown, Sr., Member, Rock Hill School District Three Board of Trustees

Read full opinion

July 5, 2006

Opinion regarding the “offering of incentives in exchange for voting.”

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

Read full opinion

June 26, 2006

Opinion regarding the placement of numbers on official ballots in Beaufort County.

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

Read full opinion

June 19, 2006

Opinion regarding dual office holding, specifically, being on the City of Sumter’s Community Development Housing Board and the Sumter County Election Commission.

Requested by: Linda Hammett, City Clerk, City of Sumter

Read full opinion

June 19, 2006

Opinion concerning a county clerk of court’s authority to add personnel.

Requested by: Robert M. Bell, Esquire

Read full opinion

June 1, 2006

Opinion regarding the eligibility of current employees of the Greenville Technical Charter High School to serve on the board of that school.

Requested by: David Gantt, Esquire

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May 26, 2006

Opinion concerning the annexation of property contained in the Buffalo Fire District by the City of Union (the “City”).

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

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May 23, 2006

Opinion concerning county council appointments to boards and commissions in Greenville County.

Requested by: Mark W. Tollison, Esquire

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May 18, 2006

Opinion questioning whether serving on both the Board of the State Human Affairs Commission and Board of the Beaufort County Board of Elections constitutes as dual office holding.

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

Read full opinion

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Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch. Schedule a tour or visit.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

Phone: 1-803-734-3970 | Fax: (803) 253-6283

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