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2002 South Carolina Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagsc0086 and id is 1 raw text is: The State of South Carolina OFFICE OF THE ATTORNEY GENERAL CHARLIE CONDON ATTORNEY GENERAL January 7, 2002 The Honorable W. Greg Ryberg Senator, District No. 24 P. 0. Box 1077 Aiken, South Carolina 29802 Dear Senator Ryberg: You have asked for an opinion concerning Article XVII, Section 8 of the South Carolina Constitution. This provision states that it shall be unlawful for any person holding an office of honor, trust or profit to engage in gambling or betting on games of chance, and any such officer, upon conviction shall become disqualified from the further exercise of the functions of the office, and the office of said person shall become vacant, as in the case of resignation or death. Your question relates to the scope of the term office of honor, trust or profit in terms of the foregoing Constitutional prohibition? You inquire whether this provision prohibits the governor, legislators, county and city council members, school board members, magistrates and judges from playing the lottery? In our opinion, it does. Law / Analysis Clearly, the State Constitution, which is the supreme law of our State, prohibits all persons holding an office of honor, trust or profit from engaging in gambling or betting on games of chance. Such activity by the officer is intended to result in the officer's disqualification from holding the office and the office is then deemed vacant. Playing the State Lottery, which has been authorized pursuant to Article XVII, Section 7 of the South Carolina Constitution and Act No. 59 of 2001 would constitute gambling or betting on games of chance. As was noted in Darlington Theatres v. Coker, 190 S.C. 282, 2 S.E.2d 782 (1939), a lottery is a form of gambling. That the State Lottery is now legal in South Carolina does not alter the fact that playing or participating in the Lottery is a form of gambling or betting on a game of chance. Most forms of gambling are illegal in South Carolina. However, the Constitution in Article XVII, Section 8, makes no mention of any requirement that the gambling or betting on games of chance must be illegal activity. Moreover, as our Supreme Court held in Berkebile v. Outen, 311 S.C. 50, 426 S.E.2d 760 REMBERT C. DENNIS BUILDING * POST OFFICE Box 11549 * COLUMBIA, S.C. 29211-1549 * TELEPHONE: 803-734-3970 - FACSIMILE: 803-253-6283

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