Suit claims Sanford can't hold two jobs

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Ned Sloan, long a thorn in the side of local and state government agencies, has filed a petition asking the court to determine whether Sanford is ineligible to serve as governor.

Sloan, 74, argues the state Constitution prohibits a governor from holding a commission or office from any other power.

"What Mr. Sloan is after is a ruling that upholds the Constitution," said his attorney, James Carpenter. "Mr. Sanford swore to uphold the Constitution, and from the moment he took the oath of office, it's clear to me that he's in violation of the Constitution he swore to uphold."

The petition alleges Sanford, who had already briefly been called to active duty in January, has said publicly that he will "obey" if called to service again.

The Supreme Court will hear arguments in the case Dec. 3.

In court documents, Sanford has argued Sloan doesn't have legal standing to bring the suit.

Will Folks, Sanford's press secretary, said Sanford thinks the law clearly allows him to maintain both positions.

"The governor wants to continue to honor his military commitment, and he hopes that's something he'll be able to do," Folks said.

Carpenter said Sanford, 43, has asked the court that if it rules against him, he be given a brief amount of time to decide whether he wants to be a lieutenant in the Air Force Reserve or governor of South Carolina.

Carpenter said there is a chance a ruling in his client's favor could have broad implications. He said any action taken by the governor could be questioned and invalidated if he's not eligible to serve as governor. It could also invalidate the election, he said.

Sloan, a Sanford campaign contributor, just wants the law to be upheld and followed, Carpenter said.

"The implications of that are potentially broad but not necessarily included in the scope of this decision," he said.

Carpenter said this is the first time his client has taken on the governor, but it's not the first and it's unlikely the last time he's taken on the government.

The retired construction company owner has recovered thousands of dollars in attorneys fees after claiming violation of state laws in suing such entities as the Budget and Control Board, the Board of Health and Environmental Control, the Department of Transportation, Greenville County, the city of Greenville and the Greenville County School District.