News & Updates

The Post and Courier (Charleston, SC):
Op-Ed - Interim senator bill follows voter intent

BYLINE: Rep. Chip Limehouse III

On March 7, I introduced House Bill 3673, legislation that addresses the manner in which vacancies in the office of U.S. senator are filled. This bill authorizes the governor to fill any Senate vacancy by appointment of a person who has declared himself to be a member of the same political party as the previous senator who vacated the office. This bill further provides that the individual chosen to fill the vacancy must furnish the governor an affidavit stating his intentions to serve in the office as a member of that political party.

I sincerely believe this legislation will preserve and honor the intent of the voters when they elect a U.S. senator. As I have stated before, every vote should count. Whether it is a Republican or Democrat governor, that governor should honor the will of the voters.

Much to my surprise, this legislation has drawn criticism from Eldon Wedlock, a constitutional law professor at the University of South Carolina School of Law. Professor Wedlock has expressed doubts about the constitutionality of the legislation. While I am not a constitutional law professor, I do have a basic understanding of the guiding principle that legislation enacted by the General Assembly enjoys the presumption that it is constitutional in all respects.

Legislation is presumed to be constitutional unless a clear constitutional violation can be shown, and courts are generally reluctant to issue such a finding. Even for a layman, this appears to be a pretty high legal standard to overcome.

While I respect Professor Wedlock's legal opinions, I would like to point out that to date seven attorneys have signed on as co-sponsors of this legislation. These attorneys include such legal minds as Speaker Pro-Tempore Doug Smith; chairman of the House Judiciary Committee, Jim Harrison; and Speaker David Wilkins, who recently turned down a federal judgeship. The 17th Amendment to the U.S. Constitution gives the state Legislature the power to let the governor make appointments in the case of vacancy in the office of U.S. senator.

As Speaker Wilkins so succinctly responded to Professor Wedlock's comments, "the power to give implies the power to restrict." This legislation is a needed law change for South Carolina. It simply defines the governor's power to appoint an interim senator.

Furthermore, my legislation is not a venture into uncharted territory. Four other states have similar laws. Arizona, Utah and Wyoming all enacted similar provisions in 1993. These statutes have been on the books for close to eight years, and in 1998 Alaska followed suit and enacted its legislation.

Critics of the bill have charged that the legislation somehow injects political partisanship into the process of filling senatorial vacancies. They miss the point. This legislation is designed to prevent a governor from placing loyalty to a political party above the will of the people that has been clearly expressed on Election Day. This bill protects the public from partisan strategists.

The governor's authority to appoint an interim senator is a stopgap solution which allows our government to continue to function until the people have an opportunity to select a new representative. No governor should pervert this duty by using his temporary appointment as a means of disrupting the congressional leadership chosen by the people.

This bill ensures that our political leadership in the Senate changes only when the voting public purposefully decides it should change. In supporting this bill, we are saying that we in South Carolina do not want our governor to embarrass us by second guessing the will of the voters of our state and nation.

Rep. CHIP LIMEHOUSE III
Charleston County District No. 110
8 Cumberland St.

###