Court OKs Sanford’s commission in Reserve

Gov. Mark Sanford may continue both to be the state’s chief executive and to hold a commission in the Air Force Reserve, the state’s highest court ruled Monday.

A unanimous S.C. Supreme Court decided the Air Force Reserve was a citizens’ militia; therefore, Sanford meets the S.C. constitutional exception to the ban on dual officeholding.

“The ‘militia’ exception ... includes ... Governor Sanford’s service in the Air Force Reserve,’’ the justices wrote.

“Because Governor Sanford is not serving in two of the three branches of government ... he is not holding dual offices as envisioned by (the constitution),’’ the court said.

Sanford, who joined the reserves in January 2002, about two months before he filed to run for governor, said he is grateful to the court for clarifying the law.

The Greenville man who filed the suit, Edward Sloan Jr., was not making public comment about the ruling, said his lawyer, James Carpenter of Greenville.

In November, Sloan said, “I am a supporter of the governor, but I don’t see a conflict between that and defending the constitution.”

The lifelong Republican said then that he had nothing personal against the GOP governor and pointed out he voted for Sanford in last year’s election. He also gave money to Sanford’s campaign.

Carpenter said the court did not use either the constitutional or statutory definition of a militia.

“They chose to use a different definition,” Carpenter said.

But he stopped short of saying the justices have written a new definition for a militia.

Sanford said he hopes the ruling will “open the door to other folks in elected office” to join the reserves.

Carpenter said the legal challenge addressed only the governor’s role.

“It doesn’t open anything that’s not already open.”

Reach LeBlanc at (803) 771-8664 or cleblanc@thestate.com.