Sanford scandal delivers reminder of governor-succession confusion

"John, I hope you understand that I've served under eight or nine governors, and I've got a responsibility to keep running this state so they can't foul it up. Governors come and governors go, but senators serve on."
— the late Edgar Brown of Barnwell, long-time S.C. Senate president pro tempore

After Donald Russell resigned as governor in the spring of 1965 for appointment to a U.S. Senate seat and Lt. Gov. Robert McNair became the state's chief executive, the No. 2 slot remained vacant for 18 months, until the next general election. That's because Senate President Pro Tempore Edgar Brown, who was next in the line of succession, wanted to keep his far more powerful Senate positions, including chairmanship of the Finance Committee, and apparently no one tried to force his hand.

There's still a possibility that the Brown precedent will be followed by Charleston Sen. Glenn McCon-nell, the current president pro tempore, particularly if embattled Gov. Mark Sanford were to resign before January. Regardless, when the Legislature does reconvene, look for an effort to take the Senate president pro tempore out of the line of succession, or at least clarify confusing language, with McConnell in the lead. The Brown comment quoted above was related by the late John West in Phillip G. Grose's book on McNair, "South Carolina at the Brink." At the time, West — who went on to become lieutenant governor and governor — was a young senator from Kershaw described by Grose as Brown's protegee.

Brown served 44 years in the state Senate, including 30 as the president pro tempore. Few would dispute that he, along with another powerhouse from Barnwell, long-time House Speaker Solomon Blatt, could, for many years, lay claim to running this state.

Since then, the governor's hand has been strengthened a bit by a constitutional change that allows him to serve two terms and the start-up of a Cabinet system. But the Legislature still dominates, and seniority still controls the Senate.

McConnell's 29 years in that body and Republican control have made him the Senate's legislative leader as well as chairman of the Judiciary Committee. By contrast, the lieutenant governor's only real constitutional job is that of the Senate's presiding officer.

McConnell relishes the legislative process in general and the Senate leadership role, which includes key appointive powers, in particular. He could, he notes, have opted to seek other offices, including Congress, but decided instead to build seniority in the Senate. Short of a constitutional crisis, he's not about to give that up willingly.

Various scenarios of succession have been explored since Sanford's unexplained absence from the state last month resulted in a stunning admission of infidelity and subsequent calls for his resignation. The situation would be particularly complicated if some new shocker results in his resignation before the Legislature reconvenes.

Let's put aside the argument that unlike in Edgar Brown's day, filling the lieutenant governor's seat is more important since he now has control of the Office on Aging. It's no secret why those in the No. 2 spot, who want to be governor, lobby the Legislature for popular, high-profile duties. Clearly, that office could go on operating without an interim lieutenant governor.

But does the state Constitution really require McConnell to replace Lt. Gov. Andre Bauer if Sanford were to resign? One legal expert notes that the constitutional language appears to treat anyone holding the president pro tempore position unfairly. While on the one hand his succession duty appears to be that of "acting" lieutenant governor — rather than actually taking the oath of office — he also is required to give up his Senate seat. It's hard to imagine anyone in a position of real power wanting to be put in that position unless they are aiming for the governor's office. That's not in McConnell's game plan.

There is one tricky scenario that could keep McConnell in his seat if a resignation occurs after the Legislature reconvenes. Conceivably he could resign his post, allow the new president pro tempore to become lieutenant governor, and then be re-elected to run the Senate. But if it is legally determined that he must give up his Senate seat to follow the line of succession, he says the loss of seniority would permanently end his service there. But that doesn't mean his political career would be over. If he is forced to become acting lieutenant governor, McConnell — an attorney — says he would consider running for attorney general, presuming incumbent Henry McMaster will be in the race for governor.

But all of that ignores what McConnell feels is the real issue — a need to change the way the governor and lieutenant governor are elected and the order of succession. He's among those who advocate pairing the governor and lieutenant governor on the ballot as a team, which would require a constitutional change.

Further, McConnell suggests that the replacement for lieutenant governor should be one of the constitutional officers since, unlike senators, who are elected by districts, they are elected statewide. As Sen. McConnell noted, one good outcome of this scandal may be the focusing of legislative attention not only on how the governor and lieutenant governor are elected but how, in a time of crisis, the state's chief executive is replaced. "I think," he said, "it's an opportunity to make a healthy constitutional change the public would embrace."