S.C. lieutenant governor succession only seems complicated
The governor resigns in the middle of a term and the lieutenant governor takes the No. 1 position, that much is clear. But determining the next lieutenant governor is cloudy because of faulty wording in a constitutional amendment. The S.C. Supreme Court has been asked to straighten out the problem and will hear arguments this week.
This is more than a legal nicety because Gov. Nikki Haley is about to resign – as soon as the U.S. Senate confirms her as ambassador to the United Nations. President-elect Donald Trump named Haley, and her confirmation is expected, without much opposition, when the Senate takes up the matter. Lt. Gov. Henry McMaster will be sworn in as governor, and South Carolina may be without a lieutenant governor for a period of time. While that may not seem like a great concern, the succession question needs to be resolved sooner, not later.
The state constitution provides that should the lieutenant governor position become vacant, the state senate president pro tempore becomes lieutenant governor. A constitutional amendment, approved in 2014, will put the governor and lieutenant governor candidates on the same ticket beginning in the 2018 election. However, the ratification wording, approved by the General Assembly, does not specify 2018 as the starting date for the governor to appoint a lieutenant governor when the post is vacant.
S.C. Sen. Tom Davis of Beaufort in December asked the Supreme Court for a ruling that a governor cannot appoint a lieutenant governor until after the 2018 election. Should the court so decide, the president pro tempore, Sen. Hugh Leatherman of Florence, would become lieutenant governor. And there’s a catch. Leatherman has made clear he will not be lieutenant governor. He would not give up his powerful Senate positions, including chairmanship of the Finance Committee, which has a big say in the state budget.
Leatherman has been a state senator since 1981 and wielded great power in state government even before he added the pro tem position in 2014. A bit of background is instructive. Lt. Gov. Glenn F. McConnell resigned; Senate President Pro Tem John Courson resigned (so he would not have to be lieutenant governor); Sen. Yancey McGill was elected president pro tempore and became lieutenant governor; Leatherman took the additional pro tem position. McConnell was Senate pro tem, moving to the lieutenant governor position when Ken Ard resigned in 2012.
Leatherman was re-elected pro tem in December, knowing Haley likely would be resigning, but saying he would not be lieutenant governor. The cagey Leatherman asked the Supreme Court to hold off on the succession question until Haley actually resigns and McMaster is sworn in as governor. Leatherman evidently has his own plan: to temporarily resign as pro tem, stepping aside for Sen. Kevin Bryant of Anderson, who would be pro tem only long enough to become lieutenant governor; then Leatherman would be newly elected pro tem. It will be interesting to see if any senators have the nerve to challenge Leatherman.
Should the Supreme Court decide McMaster can name a new lieutenant governor, Leatherman’s set to continue to rule the senate and exercise his considerable power in determining the future of South Carolina.
This story was originally published January 14, 2017 at 4:21 PM with the headline "S.C. lieutenant governor succession only seems complicated."