COLUMBIA, S.C. - A candidate for The Citadel's board gave a $3,500 contribution last month to the House Republican caucus - a practice the law allows but legislators now question.

Claude W. Burns III, a candidate for an open Citadel Board of Visitors seat, made the donation to the House Majority Caucus's Business Round Table within the past three weeks, said House Majority Leader Jim Merrill, R-Charleston. The money's being returned, he said.

No state law bans donations to the legislators who elect most board or commission candidates. Laws do bar campaign donations from judges, candidates for the Public Service Commission, lottery vendors and lobbyists.

Even without a law, "common sense tells you not to do it," said Rep. Herb Kirsh, D-Clover.

House Speaker David Wilkins, R-Greenville, said the "best practice is to not accept donations from (those) actively running for office."

In an Oct. 25 letter to the Legislative Screening Committee, Burns said that his goals include expanding an ethics program at The Citadel and helping the college develop principled leaders.

The 44-year-old Rock Hill Cadillac dealership owner and 1980 Citadel graduate declined to provide details about the caucus donation.

"I don't particularly like talking about money. That, to me, is a personal thing," Burns said as he stood in the Statehouse parking garage greeting legislators heading to the Thursday's session.

"I think if you look back, you'll find that I've given money over the years," Burns said. "Yeah, I'm running for an office, but I don't understand why that precludes my rights as a citizen to support causes that I believe in."

Burns will undergo screening for the job next month and elections will be held after April 1.

Donors help House Republican campaign efforts, Merrill said.

And they gain greater access to Republican caucus members.

Republicans hold 70 of the House's 124 seats. In the Senate, Republicans hold 26 of 46 seats. When the bodies gather to elect people to board and commission seats, that House block of Republicans tends to determine the outcome of races.

The $3,500 payment to the Business Round Table came after Burns asked caucus director Charles Cannon how he could attend a caucus reception following Gov. Mark Sanford's State of the State address, Merrill said.

"We said, 'Well, only people who contribute to the BRT are invited,'" along with caucus members, Merrill said. "He said, 'Well, I give to Republican candidates all over the place.'"

Burns' donation, given on the night of the State of the State address to Cannon, was mentioned earlier this week in a House Majority Caucus meeting as candidates offering for various boards and commissions were in the room mingling with legislators.

Afterward, legislators questioned Burns' donation, Merrill said. Until then, Merrill said, he was unaware Burns had made the donation and had not spoken with him until this week.

House Minority Leader Harry Ott, D-St. Matthews, said his caucus has not accepted similar donations since he took the job last fall. That type of donation wouldn't "pass the smell test," he said. "I don't think that any candidate should actively try and buy influence," Ott said.

Even if that's not the intent, "it gives the wrong appearance," said Sen. David Thomas, R-Fountain Inn.

Merrill said the caucus has cut a check to Burns to refund the money. "We thought that it was clearly a situation where, while we appreciated his generosity, it was in the interest of both parties that we return his money."

Merrill, who took over as caucus leader last fall, said it was the first such donation he had knowledge of. He says he "would shy away" from such donations. "I think it could put someone in an unnecessarily untenable situation."

"I don't think that that will ever occur again," Wilkins said.