South Carolina Governor Mark Sanford and the members of the South Carolina General Assembly are in a rare circumstance as the General Assembly weighs impeaching the embattled Governor.
Trysts with a South American woman, dereliction of duty, and even abuse of office for travel have been covered ad nauseam by the media and the blogs. What has not been addressed is how the mechanics of impeachment work.
Barring a special session this fall, the General Assembly will convene as usual early in January 2010. According to House rules, a single member of the House of Representatives can present an article of impeachment against Governor Sanford. That article of impeachment would then be sent to the House Judiciary Committee. If the House Judiciary Committee decides to send the article of impeachment to the full House, Section XV of the South Carolina State Constitution takes precedence.
Under that part of the state constitution, two thirds of the elected members of House of Representatives, (83 members), are required to impeach the Governor. If the Governor is impeached by the House, the Governor is immediately suspended from office,making Lt. Governor Andre Bauer Acting Governor of South Carolina.
The procedure then moves to a trial in the South Carolina Senate. Chief Justice Jean Toal will preside over the South Carolina Senate during the proceedings. If two thirds of the state senate, (31 votes), vote to convict the Governor, the Governor is removed and then Acting Governor Bauer becomes Governor. If fewer votes to convict are cast, Sanford is acquitted and restored to office.
Despite calls from his own party and so many others, and public approval poll numbers that are dismal, Governor Mark Sanford makes it clear that he is not going to resign. Most accounts have the votes in the House for impeachment in place, providing the Democrats do not balk at the last minute to keep Sanford to punch around politically. (Frankly, it is curious that members of both houses who call for Sanford to resign are silent on impeachment.)
The strategy for Sanford to remain is found in the State Senate. If the Governor can find 18 state senators to vote nay or present, he stays. Considering that the Governor's political machine worked hard to elect their own in the State Senate to thwart veto overrides, it seems that the Governor might have the ability to get those 18 votes and hold on to office, especially if Democrats make the strategic decision that Sanford in office helps in November 2010. Further, will Senate President Pro Tempore Glen McConnell give up his powerful seat for an abbreviated term as Lt. Governor?
When one looks at the mechanics of impeachment and the South Carolina State Senate, Sanford's gamble to stay in office makes some political sense. While he might not care about the reputation of South Carolina and hangs on for his own ego, he and his staff appear to know the nature of the beast that they are dealing with when it comes to impeachment, and they are gambling on the self interests of a minority of state senators will let them keep their jobs until January 2011.
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You lie!
ReplyDeleteDo you really think Mark Sanford and his Kool Aid drinkers are that smart? McCarty, you give those fools too much credit.
ReplyDeleteIf Maria had met my black ass and experienced a real Carolina black snake, she wouldn't mess with the small cracker Governor.
ReplyDeleteMy President will deal with this. And, Maria, if you want a real man, and want to get tapped right,try a Carolina brother, not a small pale ass cracker Governor.
He only needs 16 Senators to vote to vote nay or present.
ReplyDeletePlus, McConnell will never be LT. Gov. He will resign and someone will be elected to his current position. They will then be procedurally moved to Lt. Gov., and McConnell will be re-elected to his position.
Rumor has it, that the bonehead Senator from Greenville, David Thomas, is the man for this farce.
South Carolina politics really stinks.