S.1 would undercut the Governor’s power to make interim appointments when the legislature is not in session. If this bill becomes law, the Governor will not be able to make any interim appointments if a) the office became vacant before the previous legislative session, or b) if the Senate rejected his previous appointee. This creates an unreasonably narrow window for when interim appointments can be made.

For instance, say an office becomes vacant during the summer (after session has ended) and the Governor makes an interim appointment shortly thereafter. If the Senate rejects his appointee (or simply doesn’t take a vote) when they return the following year, the Governor cannot appoint anyone else to that position on an interim basis. This could leave central government positions vacant for an extended period of time. S.1 is a direct attack by the legislative branch on the Governor’s constitutional duty to administer state government.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.

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