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by WILL FOLKS
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A battle between South Carolina’s all-powerful legislative branch and its constitutionally neutered executive branch escalated this week in the state capital – with state senators seeking to strip even more appointment power from the Palmetto State’s already anemic governor’s office.
And apportion it unto themselves…
Legislation introduced by S.C. Senate majority leader Shane Massey seeks to dramatically expand his chamber’s authority over interim appointments made by the governor (and commissions he appoints to execute the laws of the state). It would also assert new senatorial authority over the agency responsible for managing elections in South Carolina – a questionable move in light of the ill effects of prior meddling by lawmakers with respect to this agency.
What’s driving this showdown? Ego… senators are mad governor Henry McMaster did not kiss the ring last year when he appointed an interim director of the S.C. Department of Corrections (SCDC). They are also mad McMaster defeated them eight years ago when this issue was raised with the state supreme court.
This is their payback…
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Massey’s bill, S. 922, would prevent governors from making interim appointments except in very specific instances – and for very specific time periods.
“If an office filled by (gubernatorial appointment) with the advice and consent of the Senate becomes vacant in the interim period between the second Thursday in May and the second Tuesday of January, then the office may be filled only if the governor acts to fill the office during the same interim period in which the office became vacant,” the proposed legislation noted.
Additionally, the bill would vacate the offices of interim appointments not confirmed by the Senate by a specific date – and prevent the governor from making additional appointments to those offices.
“If the Senate does not advise and consent to the appointment prior to the second Thursday in May following the interim period during which the interim appointment was made, then the office is vacated and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary,” the legislation noted.
Not only that, “the governor may not make a subsequent interim appointment for the same vacancy.”
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In other words, this law would effectively eliminate the ability of governors to make appointments on an interim basis.
In addition, the proposal targets holdover posts – forcing new governors to renominate any cabinet posts they wished to retain. Otherwise, those offices would be vacated.
Massey also moved to exert additional legislative influence over the S.C. State Election Commission (SCVotes), a truly shocking move considering senators engineered the ouster of this agency’s longtime director in 2021 and promptly orchestrated the confirmation of her successor.
How did that senatorial meddling end? In disaster…
Last fall, former elections director Howie Knapp and his top deputy, Paige Salonich, were terminated from their positions – and then criminally indicted – as part of an ongoing investigation into a wide range of misconduct allegations. Knapp and Salonich also allegedly engaged in a torrid workplace affair while they were running this agency into the ground.
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Despite installing a sex-crazed criminal into this position, lawmakers now want to appropriate unto themselves the right to confirm not only the next executive director of this agency – but also the commissioners who oversee them.
In what universe does that sound like a good idea?
Knapp’s alleged conduct, incidentally, remains at the forefront of several active criminal investigations – as well as an ongoing investigation by our media outlet. Part of our inquiry – and inquiries by the S.C. Office of Inspector General (SCOIG) and the statewide grand jury – relate to Knapp’s relationship with Election Systems & Software (ES&S) and its lobbying team. Specifically, investigators are focusing on a questionable master lease agreement he instructed agency staff to enter into for more than $33 million.
The legislation would not apply to current interim appointments, however. That means SCVotes’ interim director, Jenny Wooten – who has been credited with turning this agency around in the aftermath of Knapp’s scandal – should be able to remain at her post.
According to our sources, Wooten and several others at the agency played key roles in calling out Knapp’s alleged misconduct – and righting the ship in the aftermath of his ouster. In fact, former commission chairman Dennis Shedd publicly acknowledged as much during his final commission meeting in January.
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Shedd and his fellow commissioners tapped Wooten to clean house at the agency last September – and were so impressed by her work they nominated her to serve as director on a permanent basis three months ago.
However, sources familiar with the situation have told FITSNews senators are once again trying to manipulate the commission’s independent appointment process in the hopes of installing yet another one of their cronies to this position.
Last week, we received word from sources in the Senate that a turf war had erupted within the chamber over who should lead this agency. According to our sources, an effort was underway by certain senators to ensure Wooten was deemed “unqualified” to serve – even though these same senators confirmed Knapp to this post four years ago in direct contravention of the statute (and in spite of glaring issues in his professional background).
Talk about yet another recipe for disaster… not to mention an even costlier legal drama than unfolded the last time senators stuck their noses in this process and saddled this agency with a terrible leader.
At this point, there is no indication election commissioners – who as of this writing still retain their constitutional independence – have bowed to the Senate’s demands. Nor is there any indication the governor – who is in the final year of his final term in office – plans on acceding to this latest attempt to his neuter authority over the commission and its choice of leader.
Hopefully McMaster and his commissioners will take a firm stand against what amounts to yet another usurpation of their executive authority – the most recent in a long line of usurpations which have shredded any semblance of accountability or constitutional separation of powers.
Senatorial meddling has eroded public faith in the integrity of this agency and, by extension, the vital role it plays in upholding the integrity of our entire system of government in South Carolina. Let’s hope the executive branch puts a stop to it while it still can…
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ABOUT THE AUTHOR…
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
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