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Statehouse court ruling over caucuses could push SC lawmakers to overhaul ethics act

Rep. Adam Morgan, R-Taylors (center) and members of SC Freedom Caucus announcing their lawsuit against the SC House Ethics Committee on Feb. 28,2023
Russ McKinney
/
SC Public Radio
Rep. Adam Morgan, R-Taylors (center) and members of SC Freedom Caucus announcing their lawsuit against the SC House Ethics Committee on Feb. 28,2023

A federal judge in South Carolina has reiterated her June ruling that laws governing the organizing, fundraising and election activities of caucuses must apply to all legislative caucuses.

When the S.C. General Assembly reconvenes in January, lawmakers will likely delve into a decades-old state ethics law that applies to their own member caucuses.

U.S. District Court Judge Cameron Currie on Thursday denied a request by the S.C. House Ethics Committee and reiterated her summer ruling that laws governing the organizing, fundraising and election activities of caucuses must apply to all legislative caucuses — not just the Democratic, Republican, women's and Black caucuses.

In February, the ultra-conservative S.C. House Freedom Caucus sued the ethics committee, arguing that the 2006 state ethics law restricts its ability to operate in the same manner as the other four major caucuses.

In June, Currie agreed.

"... The court believes the previous order was sufficiently clear," Currie wrote in her latest Aug. 17 order. "As plaintiff acknowledges, legislative special interest caucuses will, unless or until such time as the Legislature amends the statute, be subject to the limitations currently imposed on legislative caucuses."

Currie also clarified that all legislative caucuses must adhere by the same rules.

"The court confirms plaintiff's understanding: that legislative special caucuses are subject to the same limitations as legislative caucuses with regard to elections and ballot measures, contributions, funds from lobbyists, things of value given, and records that must be maintained," she wrote.

A representative of the freedom caucus did not immediately respond to a request for comment. In June, state Rep. RJ May, R-Lexington, said, "We simply asked (the court) to be put on a same footing and that's exactly what the judge did."

House Ethics Committee Chairman Jay Jordan, R-Florence, said Friday he's asked legal counsel to review the order and provide recommendations the committee can consider.

"There's no question that we are going to have to address this hole that's been blown into our ethics law," state Rep. Micah Caskey, a Lexington Republican who sits on the ethics committee, told SC Public Radio Friday.

Maayan Schechter (My-yahn Schek-ter) is a news reporter with South Carolina Public Radio and ETV. She worked at South Carolina newspapers for a decade, previously working as a reporter and then editor of The State’s S.C. State House and politics team, and as a reporter at the Aiken Standard and the Greenville News. She grew up in Atlanta, Georgia, and graduated from the University of North Carolina-Asheville in 2013.
Russ McKinney has 30 years of experience in radio news and public affairs. He is a former broadcast news reporter in Spartanburg, Columbia and Atlanta. He served as Press Secretary to former S.C. Governor Dick Riley for two terms, and for 20 years was the chief public affairs officer for the University of South Carolina.