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2008 South Carolina Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagsc0005 and id is 1 raw text is: HENRY MCMASTER eso vr ATTORNEY GENERAL January 2, 2008 Mark C. Brandenburg, Esquire General Counsel, The Citadel 171 Moultrie Street, Bond 369 Charleston, South Carolina 29409 Dear Mr. Brandenburg: We understand from your letter addressed to Attorney General, Henry McMaster, that you desire an opinion of this Office concerning the eligibility of individuals serving abroad on military duty to serve on the Citadel Board of Visitors. You explain in your letter: As you know, many alumni of The Citadel serve in the United States military. Assignments and deployments take them abroad for months, if not years. Nonetheless, it appears those alumni would remain eligible to be elected as members of the Board of Visitors, so long as they remain properly registered to vote in South Carolina. See.g. S.C. Const. Article II, Section 4 (Every citizen of the United States and of this State of the age of eighteen and upwards who is properly registered is entitled to vote as provided by law.) (emphasis added). I can find no opinion from the appellate courts of this state, however, which affirms this understanding. Accordingly, you ask this Office whether a graduate of the college must merely be a properly registered voter to be eligible for election to the Board of Visitors. Alternatively, must a graduate also be physically resident in the state at the time of and throughout his service on the Board? Law/Analysis Section 59-121-10 of the South Carolina Code (2004) describes the composition of the Citadel Board of Visitors (the Board). This provision states: The board of visitors of The Citadel, the Military College of South Carolina, shall be composed of the Governor, the Adjutant General and the State Superintendent of Education, who shall be members ex REMBERr C. DENNIs BuILDiNG * POST OFFICE Box 11549 * COLUMBIA, SC 29211-1549 * TELEPHONE 803-734-3970 * FACSIMILE 803-253-6283

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