Double service in question

e-mail this story discuss this issue in our forums

whether Sanford can be governor

and Air Force Reserve lieutenant.

It would have been far better had Mark Sanford followed up on what many thought was a campaign promise to resign his commission in the Air Force Reserve if he was elected governor. He didn't, and now there's a lawsuit before the state Supreme Court challenging whether Sanford can be governor and a Reserve lieutenant at the same time.

The lawsuit was filed by Ned Sloan, no stranger to the courtroom. The suit is helpful in that it attempts to clarify whether Sanford is violating the state Constitution by holding the office of governor and a military commission.

Laws against dual office-holding serve an obvious purpose in preventing a public official from using the authority of one office to influence the decisions of another public body. Such laws also prevent duties or loyalties of the two positions from clashing or creating conflicts of interest.

In Sanford's case, the state Constitution appears to prevent the governor from holding a commission or office from another power. Sloan, a retired construction company owner and Greenville resident, was a Sanford campaign contributor. Sloan's attorney told The Greenville News, "What Mr. Sloan is after is a ruling that upholds the Constitution."

South Carolina's Supreme Court has a conservative judicial nature. The court doesn't look to rewrite the law but instead can be admired for sticking to its task of interpreting the law. That said, a court ruling should be so narrowly drawn that it leaves no room for the "potentially broad" implications that Sloan's attorney said were possible.

Attorney James Carpenter said a court ruling favorable to his client could call into question any actions taken by Sanford as governor. Such a consequence would be outrageous. At the most, a court decision in Sloan's favor should force Sanford to do what most dual office-holders are required to do — choose between the two offices.

Sanford came late to this decision to enter the Air Force Reserve. He signed up in early 2002 when he was running for governor. He was 41 years old at the time. He told The Associated Press last December that his top priority was being the state's chief executive officer and that he would resign his commission if his unit was deployed. Then the newly elected governor changed his mind and completed his military training.

South Carolina needs a full-time governor regardless of how the state Supreme Court ultimately rules in the case it will hear next week. Sanford and future governors should avoid asking voters to elect someone who could face a long-term deployment with a Reserve unit, even if Sloan loses his lawsuit.