Someone Claiming to Be South Carolina's Secretary of State Is Apparently Reading the Constitution

by: Tim Kelly

Thu Jul 02, 2009 at 12:09:34 PM EDT

I'm not sure what surprises me more: that someone actually holds the office of SC Secretary of State or that somehow our brain waves have crossed.

But it appears that alleged SOS Mark SanfordHammond is researching the very section of the state constitution I wrote about this morning.

From the Spartanburg Herald-Journal:

Hammond, a Republican from Spartanburg, said his general counsel was researching whether Article IV, Section 12 of the constitution could apply to Sanford, who a week ago admitted to an affair with an Argentine woman and on Tuesday to “crossing the line” but stopping short of a sexual relationship with others.

We will continue to monitor this situation, including the alarming information that someone is claiming to be SC Secretary of State.

Sanford Leave of Absence Could Provoke Constitutional Showdown

by: Tim Kelly

Thu Jul 02, 2009 at 09:36:53 AM EDT

Unlike some people, we give credit where it's due around here.

FITS is reporting that Undone Gov. Mark Sanford is floating the idea of taking a 60-day "leave of absence" to try to weather his personal storm and stem the tide of calls for his resignation. (It takes real talent to mix metaphors this way, suckers!)

Obviously, Sanford has already take a "leave of his senses absence,"so perhaps this is the next logical step.

Constitutionally, Sanford could pull this off. Article IV, Section 12 of the state constitution deals with "disability of the governor:"

(1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.

(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.

Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office. (1972 (57) 3171; 1973 (58) 48.)

The risk for Sanford is that two-thirds of each legislative body decides he's not fit to return to duty in 60 days. I'm not clear on whether the legislature can call itself into session to impeach the governor, but they would certainly have an avenue to convene should Sanford take leave under this provision.

Something I had not considered before is section 2: that the Attorney General, Secretary of State, Comptroller General and Treasurer could declare Sanford unable to perform his duties.

We already know where Richard Eckstrom stands, and Henry McMaster would find himself in quite an uncomfortable position should someone attempt to use this avenue of further undoing the Undone Gov.

Sanford's people see treasurer Converse Chellis as a tool of the legislature, so one can imagine he wouldn't mind sticking a shiv in Sanford. 

Someone would have to remember who the Secretary of State is and then look up his phone number to get his vote. 

The other interesting part of that section is "...such other body as the General Assembly may provide." Presumably, the legislature would have to do this by statute, but could, for instance, the Speaker, the Speaker Pro Tempore, the President Pro Tempore of the Senate and, say, the Senate Majority Leader decide to invoke this clause?

If so, the legislature could avoid impeachment - which requires a trial on "serious crimes or serious misconduct in office" - and simply decide the governor is "unable to discharge the powers and duties of his office" on whatever basis they decide.

And you thought the stimulus battle was a consitutional showdown.

We Told You Sanford Was Crazy

by: Tim Kelly

Thu Jul 02, 2009 at 08:56:19 AM EDT

Nine days after the subject was raised on IJ, The State has decided it's safe to question the Undone Gov's mental state:

As the saga of Sanford and his Argentine lover continues, the public, the governor’s political rivals and some allies are speculating about the governor’s mental stability and whether he’s able to lead the state.

While mental health experts are reluctant to pin a diagnosis on the governor, their observations of his behavior suggest a chemical imbalance, narcissism and impulsive behavior.

Gosh, that sounds eerily similar to this:

...Joel Sawyer's assertion that the governor needed to "clear his head" is perhaps a bit more telling than Sanford's mouthpiece intended.

A medical professional who reads IJ frequently - and who stressed he is only a casual observer and asked not to be identified - says Sanford seems to be exhibiting signs of "a mental heath crisis."

"Cutting off all contact with family and co-workers, disappearing for days at a time, even, in essence, stealing an automobile - all classic examples of someone suffering a crisis," said the source.

Again insisting that he's not in a position to make a diagnosis, the doctor said the governor's behavior is indicative of narcissistic personality disorder (NPD).

 The State also says, "Aside from political operatives, the general public is weighing in on Internet message boards and around dinner tables, saying Sanford needs mental help."

Um, yeah, and, like, on this lowly blog, too. Thanks for the acknowledgement, Newspaper Guys.

Just remember: IJ said Sanford was crazy before it was cool.

Tallying the Calls For Sanford's Resignation

by: Tim Kelly

Wed Jul 01, 2009 at 10:22:29 AM EDT

The knives are increasingly out for the Undone Gov, and the calls for his resignation are coming fast and furious now. We'll use this thread to "keep score" as it were. If you see a legislator, newspaper or conservative talk show host throwing Sanford under the bus, post it in the comments here.

So far, here's what we have.

Republican Senators:

Seven GOP senators issued a statement/letter last night that not only called on Sanford to quit, but also sounds as if it could have been written by me. Example: ""We must have strong leadership from a Governor who is focused and trusted. Governor Sanford is neither." Signees include:

• Harvey S. Peeler
• Hugh K. Leatherman
• Thomas C. Alexander
  
• Paul Campbell, Jr.
  
• John M. "Jake" Knotts, Jr
  
• Larry A. Martin
  
• William H. O'Dell

In addition, Kevin Bryant and Larry Grooms are on record as wanting the Undone Gov's head. John Courson and Wes Hayes are said to be leaning that way.

Democratic Senators:

While most are just chuckling silently - having realized Mark Sanford was a loon before it was cool - Sen. Vince Sheheen has publicly called for the Undone Gov's resignation.

Republican House Members:

• Lanny Littlejohn
  
• Dennis Moss
  
• Steve Moss
  
• Eric Bedingfield
  
• Greg Delleny
  
• Carl Gullick

We're waiting to see if Joey Millwood will announce his decision on a mug.

Democratic House Members:

We know Todd Rutherford has gone public, and Boyd Brown has called for a state grand jury, and we're waiting for more.

Other Prominent GOPhers:

The biggest name is SC RNC member Glenn McCall, but two past executive directors of the state GOP, Jay Ragley and my old colleague Hogan Gidley, have also called for resignation.

Daily Newspapers:

The State urged him to stay before yesterday's relevations, but six others have editorialized against the Undone Gov (with links to their editorials):

• Greenville News
  
• Rock Hill Herald
  
• Aiken Standard
  
• Spartanburg Herald-Journal
  
• Orangeburg Times and Democrat
  
• Charlotte Observer 
• Sumter Item

Stay tuned.