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Government and politics of South Carolina

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South Carolina Government
Formation1789; 236 years ago (1789)
Founding documentSouth Carolina Constitution
JurisdictionState of South Carolina
Legislative branch
LegislatureGeneral Assembly
Meeting placeState House
Executive branch
LeaderGovernor
AppointerElected At Large
HeadquartersState House
Judicial branch
CourtSupreme Court
SeatColumbia, SC

South Carolina government and politics cover the three different branches of government, as well asthe state constitution, law enforcement agencies, federal representation, state finances, and state taxes. South Carolina is a state in theUnited States and was the eighthadmitted to the Union. The state of South Carolina was preceded by theCrown Colony of South Carolina, aconstitutional monarchy overthrown during theAmerican Revolution. Presently, South Carolina's government is formed as arepresentative democracy.

South Carolina is a largelyconservative,Republican state. Since theDeclaration of Independence, South Carolina's politics have been controlled by three main parties: theDemocratic-Republican Party in the early 1800s, theDemocratic Party through most of the 19th and 20th centuries, and theRepublican Party in the late 20th and early 21st centuries.

Like most Southern states, South Carolina consistently votedDemocratic in the 19th century and much of the 20th century as a part of theSolid South. The Democratic block was largely maintained by the disenfranchisement of most black voters from 1865 to the passage of theCivil Rights Act of 1964. TheRepublican Party became competitive in the 1960 presidential election whenRichard Nixon lost the state toJohn F. Kennedy by just two percentage points. In 1964,Barry Goldwater became the first Republican to win the state sinceReconstruction.

Since the election of 1964, South Carolina has voted for the Republican party in every presidential election, with the exception of 1976 whenJimmy Carter, a southern Democrat, was elected president. However, in state-wide and local elections, conservative Democrats still won many races until the end of the 20th century. The last conservative Democratic governor to be elected in South Carolina wasJim Hodges in 1998, and the last conservative Democratic U.S. Senator to serve wasFritz Hollings until 2005. Until the 1990s, South Carolina had a majority Democratic representation in both the U.S. House of Representatives and the General Assembly of South Carolina. While South Carolina has shifted between the Democratic and Republican parties, politics in South Carolina has consistently been conservative. As of 2023, the Republican Party controls eight of nine state executive offices, bothU.S. Senate seats, six of seven seats in theU.S. House of Representatives, and a majority in theSouth Carolina General Assembly.

Part ofa series on the
History ofSouth Carolina
A new map of North & South Carolina, & Georgia (1765)
Timeline
Colonial period 1562–1774
American Revolution 1775–1788
Antebellum period 1812–1860
Civil War era 1861–1865
Reconstruction era 1865–1877
Civil Rights Movement 1954–1968
Economy of South Carolina 1651–2021
State of South Carolina
flagUnited States portal
South Carolina State House

Executive branch

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Governor and lieutenant governor

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Main articles:Governor of South Carolina andLieutenant Governor of South Carolina

TheGovernor of South Carolina is thechief executive of the state. The governor is elected to a four-year term and may serveup to two consecutive terms. The current governor isRepublicanHenry McMaster who succeeded to the office of Governor of South Carolina when GovernorNikki Haley resigned to become theUnited States Ambassador to the United Nations. The Lieutenant Governor is the second-in-command of the state's executive branch. The Lt. Governor assumes the office if the Governor is unable to fulfill his or her duties. Prior to the 2018 gubernatorial election, Governors and Lieutenant Governors were elected on separate tickets. But for the 2018 election and beyond, the governor and lieutenant governor run on the same ticket.

Elected Cabinet

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The South Carolina Constitution provides for the separate election of eight executive officers, making a limited cabinet. This is a large number of elective offices compared to most states, which generally give the governor the executive power to appoint members of the cabinet.

South Carolina Executive Cabinet
OfficeOffice HolderPartySinceMethod of selectionTerm
Governor of South CarolinaHenry McMaster RepublicanJanuary 24, 2017Elected at-large4 years, renewable once consecutively
Lieutenant Governor of South CarolinaPamela Evette RepublicanJanuary 9, 2019Elected at-large in tandem with the governor4 years, no limit
Attorney General of South CarolinaAlan Wilson RepublicanJanuary 12, 2011Elected at-large4 years, no limit
Commissioner of AgricultureHugh Weathers RepublicanSeptember 14, 2004Elected at-large4 years, no limit
Comptroller GeneralBrian J. Gaines Democratic[1]May 12, 2023[a]Elected at-large4 years, no limit
Secretary of StateMark Hammond RepublicanJanuary 15, 2003Elected at-large4 years, no limit
TreasurerCurtis Loftis RepublicanJanuary 12, 2011Elected at-large4 years, no limit
South Carolina Superintendent of EducationEllen Weaver RepublicanJanuary 11, 2023Elected at-large4 years, no limit

Each officer is elected at the same time as the governor. The separately elected positions allow for the possibility of multiple parties to be represented in the executive branch. The Governor's Cabinet also contains several appointed positions. In most cases, persons who fill cabinet-level positions are recommended by the governor and appointed by the Senate.[2]

Legislative branch

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Main article:South Carolina General Assembly

TheSouth Carolina General Assembly is thestate legislature. It isbicameral, consisting of a 124-memberSouth Carolina House of Representatives and a 46-memberSouth Carolina Senate. Representatives serve two-year terms and Senators serve four-year terms. The twohouses meet in theSouth Carolina State House. Each house is currently controlled by the Republican Party.

Originally, each county elected one senator and at least one representative. The vast differences between rural and urban counties gave rural areas an outsized influence over state government. This state of affairs ended with the federal case ofReynolds v. Sims, which mandated that state legislative districts be drawn based on population, and that that counties’ representation must be roughly equal.

Historic Party Control

[edit]

Below is a chart of party control in the South Carolina General Assembly since 1868.

Judicial branch

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The Family Court deals with all matters of domestic and family relationships, as well as generally maintaining exclusive jurisdiction over cases involving minors under the age of seventeen, excepting traffic and game law violations. Some criminal charges may come under Circuit Court jurisdiction.

TheSouth Carolina Circuit Court is thetrial court ofgeneral jurisdiction court for South Carolina. It consists of acivil division (the Court of Common Pleas) and acriminal division. (the Court of General Sessions). It is also asuperior court, having limitedappellate jurisdiction over appeals from thelower Probate Court,Magistrate's Court, and Municipal Court, and appeals from theAdministrative Law Judge Division, which hears matters relating to stateadministrative and regulatory agencies.South Carolina's 46 counties are divided into 16 judicial circuits, and there are currently 46 judges. Circuit court judges are elected by the General Assembly to six-year terms.

TheSouth Carolina Court of Appeals is the state intermediateappellate court. It hears all Circuit Court and Family Court appeals, excepting appeals that are within the seven classes of exclusive Supreme Court jurisdiction. The Court of Appeals is selected by the General Assembly to long six-year terms. The court comprises a chief judge, and eight associate judges, and may hear cases as the whole court, or as three panels with three judges each. The court may preside in any county.

TheSouth Carolina Supreme Court is thestate supreme court. The Chief Justice and four Associate Justices are elected to staggered ten-year terms. There are no limits on the number of terms a justice may serve, but there is amandatory retirement age of 72. The overwhelming majority of vacancies on the Court occur when Justices reach this age, not through the refusal of the General Assembly to elect a sitting Justice to another term.

See also:South Carolina Supreme Court

Law

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South Carolina Constitution

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Main article:South Carolina Constitution

South Carolina has had seven constitutions:

  • 1776: SC's first constitution
  • 1778: Disestablished the Anglican Church, created a popularly elected upper house
  • 1790: Expanded upcountry representation, further established General Assembly control over all aspects of government
  • 1861: Confederate constitution
  • 1865: Required to be readmitted to the Union, abolished property owning qualifications to vote, created popularly elected governor and granted veto power
  • 1868: Only constitution to be ratified by popular vote, provided for public education, abolished property ownership as a qualification for office holding, created counties with home rule, abolished race as limit on male suffrage
  • 1895: Effectivelydisenfranchised black voters, requiringpoll taxes, andliteracy tests, to register to vote. In 1900 African Americans were 58% of the state population.[3] This exclusion of blacks from the political system was largely enforced until after passage of theVoting Rights Act of 1965, which authorized federal oversight and enforcement of voter registration and elections to ensure citizens could exercise their constitutional rights.

Since 1895, many residents have called for a new Constitution, one that is not based on the politics of a post–Civil War population. GovernorMark Sanford called for constitutional reform in his 2008 State of the State speech. Several hundred amendments have been made to the 1895 Constitution (in 1966 there were 330 amendments). Amendments have been created to comply with federal acts, and for many other issues. The volume of amendments makes South Carolina's constitution one of the longest in the nation.[4]

Law enforcement agencies

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Local government

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See also:List of municipalities in South Carolina andList of counties in South Carolina

Historically, local governments in South Carolina have been fairly weak. For the most part, until the 1830s, towns were controlled by districts. According to historian Tom Downey, "the movement for incorporation initiated with a desire to implant order on unruly elements...which growing villages seemed to attract all too frequently."[5] The initial charters gave towns regulatory power which they used to "appoint constables, levy fines, and enact ordinances."[5] But, town councils were largely unable to pay their expenses with funds raised by just their fine revenue. In the late 1830s, the General Assembly started allowing select towns to tax property within their corporate limits.

The 1867 constitution established home rule for counties.[6] This was changed under the 1895 Constitution, which made no provision for local government and effectively reduced counties to creatures of the state. Each county's delegation to the General Assembly also doubled as its county council. Under this system, the state senator from each county exercised the most power.[7]Reynolds v. Sims required reapportionment according to the principle of "one man, one vote", which resulted in legislative districts crossing county lines. However, it was not until 1973 that the constitution was amended to provide for limited home rule at the county level. The Home Rule Act in 1975 implemented this.[7] This law provided for elected councils in each county. Nonetheless, the legislature still devotes considerable time to local issues, and county legislative delegations still decide many matters that are handled at the county level in most other states.

Municipal governments may incorporate as cities or towns. However, there is no legal difference between the two.[8]

Compared to cities in neighboring states, South Carolina cities are fairly small in size and population, since state law makesannexation difficult.[9] To expand their borders, cities in South Carolina generally have three options when annexing contiguous land. First, if all property owners in a given area of land sign and file a petition with the municipality requesting annexation, the municipality may approve the petition and enact an ordinance declaring the annexation.[10] Second, 75% of the freeholders in an area owning 75% or more of the assessed property value in that area may file a petition for annexation which the municipality may approve.[11] More stringent petition requirements are added due to the lowered petitioner threshold.[12] Finally, 25% of electors in an area can file a petition to initiate an annexation election which in turn requires a majority of voters to approve the annexation.[13] This option previously required that 25% of freeholders file the petition for an election, but that was found to be a violation of theEqual Protection Clause.[9]

Federal and state representation

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U.S. Senate

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The current South Carolina delegation to theUnited States Senate:

PortraitSenatorPartySince
Lindsey GrahamRepublicanJanuary 3, 2003
Tim ScottRepublicanJanuary 2, 2013

U.S. House of Representatives

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South Carolina currently has seven representatives in theUnited States House of Representatives:

PortraitDistrictRepresentativePartySince
District 1Nancy MaceRepublicanJanuary 3, 2021
District 2Joe WilsonRepublicanDecember 18, 2001
District 3Sheri BiggsRepublicanJanuary 3, 2025
District 4William TimmonsRepublicanJanuary 3, 2019
District 5Ralph NormanRepublicanJune 26, 2017
District 6Jim ClyburnDemocraticJanuary 3, 1993
District 7Russell FryRepublicanJanuary 3, 2023

A district map isfound here.

Further information:Political party strength in South Carolina

Judiciary

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South Carolina is part of theUnited States District Court for the District of South Carolina in the federal judiciary. The district's cases are appealed to the Richmond-basedUnited States Court of Appeals for the Fourth Circuit.

Finances

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The state does not allow casino gambling, but it authorized the operation of video poker machines throughout the state. This yielded revenue of approximately $2 billion per year deposited into the state's coffers. But, in 2000 the legislature banned video poker, requiring machines to be shut off and removed from the state by July 8.[14][15]

Taxes

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The state's personal income tax has a maximum marginal tax rate of 7 percent on taxable income of $13,351 and above.[16]

Statesales tax revenues are used exclusively for education. South Carolina has a 6% state sales tax, but when combined with local and county taxes, South Carolina has the second-highest sales tax in the United States next to California. In Charleston, South Carolina, the tax rates equals 10.5% with state tax, county tax, local option tax, and the hospitality tax. Some items have different rates; e.g., the tax is 3% on unprepared food items and 7% on sleeping accommodation rentals. Individuals 85 or older get a one-percent exclusion from the general sales tax.[17] Counties may impose an additional 1% local option sales tax and other local sales taxes,[18] and local governments may impose a local accommodations tax of up to 3%.[17]

South Carolina imposes a casualexcise tax of 5% on the fair market value of all motor vehicles, motorcycles, boats, motors and airplanes transferred between individuals. The maximum casual excise tax is $500.[18][19]

Property tax is administered and collected by local governments with assistance from theSouth Carolina Department of Revenue. Bothreal andpersonal property are subject to tax. Approximately two-thirds of county-levied property taxes are used for the support of public education. Municipalities levy a tax on property situated within the limits of the municipality for services provided by the municipality. The tax is paid by individuals, corporations and partnerships owning property within the state. Intangible personal property is exempt from taxation. There is noinheritance tax.[20]

Presidential elections through history

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United States presidential election results for South Carolina[21]
YearRepublicanDemocraticThird party(ies)
No. %No. %No. %
20241,483,74758.23%1,028,45240.36%35,9411.41%
20201,385,10355.11%1,091,54143.43%36,6851.46%
20161,155,38954.94%855,37340.67%92,2654.39%
20121,071,64554.56%865,94144.09%26,5321.35%
20081,034,89653.87%862,44944.90%23,6241.23%
2004937,97457.98%661,69940.90%18,0571.12%
2000786,42656.83%566,03940.91%31,3122.26%
1996573,45849.89%504,05143.85%71,9486.26%
1992577,50748.02%479,51439.88%145,50612.10%
1988606,44361.50%370,55437.58%9,0120.91%
1984615,53963.55%344,47035.57%8,5310.88%
1980441,20749.57%427,56048.04%21,3162.39%
1976346,14043.13%450,82556.17%5,6290.70%
1972478,42770.58%189,27027.92%10,1831.50%
1968254,06238.09%197,48629.61%215,43432.30%
1964309,04858.89%215,70041.10%80.00%
1960188,55848.76%198,12951.24%10.00%
195675,70025.18%136,37245.37%88,51129.45%
1952168,08249.28%173,00450.72%00.00%
19485,3863.78%34,42324.14%102,76272.08%
19444,6104.46%90,60187.64%8,1647.90%
19404,3604.37%95,47095.63%20.00%
19361,6461.43%113,79198.57%00.00%
19321,9781.89%102,34798.03%820.08%
19285,8588.54%62,70091.39%470.07%
19241,1232.21%49,00896.56%6211.22%
19202,6103.91%64,17096.05%280.04%
19161,5502.42%61,84696.71%5560.87%
19125361.06%48,35795.94%1,5123.00%
19083,9455.94%62,28893.84%1460.22%
19042,5544.63%52,56395.36%10.00%
19003,5797.04%47,23392.96%00.00%
18969,31313.51%58,80185.30%8241.20%
189213,34518.93%54,68077.56%2,4793.52%
188813,73617.17%65,82482.28%4370.55%
188421,73023.41%69,84575.25%1,2371.33%
188057,95434.13%111,23665.51%6030.36%
187691,78650.24%90,89749.76%00.00%
187272,29075.73%22,69923.78%4630.49%
186862,30157.93%45,23742.07%00.00%
Historic presidential elections in South Carolina[b]
ElectionCandidatePartyElection

winner?

Electoral

Votes

1788George WashingtonNoneGreen tickY7
1792George WashingtonNoneGreen tickY8
1796Thomas JeffersonDemocratic-RepublicanRed XN
1800Thomas JeffersonDemocratic-RepublicanGreen tickY
1804Thomas JeffersonDemocratic-RepublicanGreen tickY10
1808James MadisonDemocratic-RepublicanGreen tickY
1812James MadisonDemocratic-RepublicanGreen tickY11
1816James MonroeDemocratic-RepublicanGreen tickY
1820James MonroeDemocratic-RepublicanGreen tickY
1824Andrew JacksonDemocratic-RepublicanRed XN
1828Andrew JacksonDemocraticGreen tickY
1832John FloydNullifierRed XN
1836Willie MangumWhigRed XN
1840Martin Van BurenDemocraticRed XN
1844James K. PolkDemocraticGreen tickY9
1848Lewis CassDemocraticRed XN
1852Franklin PierceDemocraticGreen tickY8
1856James BuchananDemocraticGreen tickY
1860John C. BreckinridgeDemocraticRed XN
1864United States Civil War0
1868Ulysses S. GrantRepublicanGreen tickY6
1872Ulysses S. GrantRepublicanGreen tickY7
1876Rutherford B. HayesRepublicanGreen tickY
1880Winfield S. HancockDemocraticRed XN
1884Grover ClevelandDemocraticGreen tickY9
1888Grover ClevelandDemocraticRed XN
1892Grover ClevelandDemocraticGreen tickY
1896William Jennings BryanDemocratic PopulistRed XN
1900William Jennings BryanDemocratic PopulistRed XN
1900Alton B. ParkerDemocraticRed XN
1908William Jennings BryanDemocraticRed XN
1912Woodrow WilsonDemocraticGreen tickY
1916Woodrow WilsonDemocraticGreen tickY
1920James M. CoxDemocraticRed XN
1924John W. DavisDemocraticRed XN
1928Alfred E. SmithDemocraticRed XN
1932Franklin D. RooseveltDemocraticGreen tickY8
1936Franklin D. RooseveltDemocraticGreen tickY
1940Franklin D. RooseveltDemocraticGreen tickY
1944Franklin D. RooseveltDemocraticGreen tickY
1948Strom ThurmondStates' Rights DemocratRed XN
1952Adlai StevensonDemocraticRed XN
1956Adlai StevensonDemocraticRed XN
1960John F. KennedyDemocraticGreen tickY
1964Barry GoldwaterRepublicanRed XN
1968Richard NixonRepublicanGreen tickY
1972Richard NixonRepublicanGreen tickY
1976Jimmy CarterDemocraticGreen tickY
1980Ronald ReaganRepublicanGreen tickY
1984Ronald ReaganRepublicanGreen tickY
1988George H. W. BushRepublicanGreen tickY
1992George H. W. BushRepublicanRed XN
1996Bob DoleRepublicanRed XN
2000George W. BushRepublicanGreen tickY
2004George W. BushRepublicanGreen tickY
2008John McCainRepublicanRed XN
2012Mitt RomneyRepublicanRed XN9
2016Donald TrumpRepublicanGreen tickY
2020Donald TrumpRepublicanRed XN
2024Donald TrumpRepublicanGreen tickY

Notes

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  1. ^Gaines was appointed by the governor as arecess appointment following the resignation ofRichard Eckstrom.
  2. ^This chart denotes which presidential candidate received South Carolina's electoral votes in each election. Victors are marked with checks and losers with "x".

References

[edit]
  1. ^Folks, Will."South Carolina Democrats Finally 'Win' A Statewide Office".FITSNews. Retrieved21 May 2023.
  2. ^"South Carolina SC – Elected State Government Officials, E-mail Addresses". Sciway.net. RetrievedJuly 31, 2010.
  3. ^Historical Census Browser, 1900 US Census, University of Virginia (Archived 2007-08-23 at theWayback Machine). Retrieved March 15, 2008.
  4. ^"Constitutions",The South Carolina Encyclopedia, Walter Edgar, University of South Carolina Press
  5. ^abDowney, Thomas More.Planting a capitalist south : the transformation of western South Carolina, 1790-1860. p. 169.OCLC 46403540.
  6. ^Charlie B. Tyler, "The South Carolina Governance Project", Appendix 5, University of South Carolina, 1998, p. 221
  7. ^abTyler (1998), "The South Carolina Governance Project"], p. 222
  8. ^Section 5-7-20Archived 2009-04-01 at theWayback Machine of the South Carolina Code of Laws. "The corporate name of every city or town incorporated under this title shall be 'the city of "__________" ' or 'the town of "__________" '."
  9. ^abWesley E. Henderson, Note,Annexation in South Carolina, 17 S.E. Envtl. L.J. 235, 244 (2003).
  10. ^S.C. Code Ann. § 5-3-150(3).
  11. ^S.C. Code Ann. § 5-3-150(1).
  12. ^See id. (additional petition requirements include requiring the petition be open on demand to those affected by the potential annexation and requiring the municipality to give notice of a public hearing).
  13. ^S.C. Code Ann. § 5-3-300.
  14. ^"Video Poker Outlawed In South Carolina".
  15. ^Statement by the South Carolina Law Enforcement Division regarding the change of Video Poker Machine Laws (InPDF Format)
  16. ^South Carolina Personal income tax, Bankrate.com, February 4, 2009. Retrieved March 15, 2009.
  17. ^abSales and Use Tax Seminar Manual 2007, South Carolina Department of Revenue, January 2007. Retrieved March 15, 2009.
  18. ^abA General Guide To South Carolina Sales and Use Tax, South Carolina Department of Revenue, October 12, 2007. Retrieved March 15, 2009.
  19. ^"Code of Laws - Title 12 - Chapter 36 - South Carolina Sales And Use Tax Act".www.scstatehouse.gov. Retrieved2019-10-23.
  20. ^South Carolina Inheritance and estate taxes, Bankrate.com, February 4, 2009. Retrieved March 15, 2009.
  21. ^Leip, David."Presidential General Election Results Comparison – South Carolina". US Election Atlas. RetrievedOctober 27, 2022.
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