A South Carolina senator has filed a lawsuit to stop a state budget measure from taking effect in July that would raise in-district pay for the state's 170 legislators.
State Sen. Wes Climer, a York County Republican, filed the complaint June 6 with another plaintiff, retired educator Carol Herring. They have asked the S.C. Supreme Court to quickly intervene and stop the release of state dollars that would boost lawmakers' pay for in-district expenses to $2,500-a-month, up from $1,000.
The pair's complaint hinges on a state Constitution provision that plaintiffs argue "prohibits a General Assembly from increasing the compensation of its own members."
"Any increase must take effect after the next General Assembly is seated in January 2027 following the next general election," the complaint said. "Because the proviso only concerns expenditures in the July 2025 to June 2026 fiscal year, a period ending before the next general election, there are no circumstances in which the proviso can comply with the Constitution and so it is unconstitutional on its face."
The 10-page complaint was filed against Treasurer Curtis Loftis, because, as the state's banker, he is responsible for disbursing the state's checks, Climer said. Loftis's spokesperson said his office received the complaint late Friday, and will file a response when appropriate.
Attorney Dick Harpootlian, a former Richland County Democratic senator who is representing the plaintiffs, said he expects the House and Senate to intervene.
"Regardless of how you feel about a legislative pay raise, this is the wrong way to do it," Climer told reporters outside of Harpootlian's Columbia law office June 9. "It violates the Madisonian principle that the Legislature cannot take the peoples' money and appropriate it to themselves in real time."
Herring, who said she joined the suit as a private citizen, said she signed on to give South Carolina residents a voice.
The S.C. Constitution says that no General Assembly can increase the "per diem" of its own members.
The high court will have to decide whether "per diem" — a daily allotment that lawmakers get to pay for lodging and food — also applies to in-district expense raises. In addition to per diem, state lawmakers get the taxable per-month in-district expense payout and their yearly salary of $10,400.
Harpootlian argues the per diem language in the Constitution applies to in-district pay.
"When this process first started in the 1800s, there was no salary, there was no in-district expenses. It was all per diem," Harpootlian said. "What's happened since then, they get a salary and they get a in-district expense, which they pay taxes on. That's income to them."
The more than $14 billion state spending plan signed by Gov. Henry McMaster includes the proviso that raises in-district pay to $2,500-a-month — a total of $18,000 a year — to help cover expenses like travel throughout their district, office supplies, staff and mail.
The raise was added to the budget by the Senate in a 24-15 vote.
Lawmakers had not raised their in-district pay since 1995.
The first in-district pay with the added raise is scheduled to go out July 16.
Climer said the pay for expenses is directly deposited into lawmakers' bank accounts.
No receipts for reimbursement are required and the money is taxed like income.
"For a General Assembly to vote to give its own members public money is akin to a judge presiding over his own trial, or to a police officer investigating his own alleged conduct," the complaint said.
Climer said a pay raise should be considered through the normal legislative process.
Climer told reporters he declined the added money. The Senate Clerk's Office, which did not give senators a hard deadline or solicit requests to opt out, said three senators had so far declined the raise.
Over in the House, a letter sent by House Speaker Murrell Smith, R-Sumter, to the 124 House members said members had no later than 9 a.m. June 9 to opt out.
Thirty-four House members — all Republican legislators — declined the raise, the House Clerk's Office said.
That included Smith.
Other members have said that they will donate the additional pay to charity.
"We should not be voting ourselves raises midterm," state Rep. April Cromer, an Anderson Republican who also opted out of the raise, posted to Facebook. "At the very least, let the people decide, and any change should take effect after the next election."
This story may be updated.
Who opted out of the in-district raise?
SC Senate
- Sen. Wes Climer, R-York
- Sen. Michael Johnson, R-York
- Sen. Michael Reichenbach, R-Florence
SC House
- Rep. Nathan Ballentine, R-Richland
- Rep. Gary Brewer, R-Charleston
- Rep. April Cromer, R-Anderson
- Rep. Sylleste Davis, R-Berkeley
- Rep. Sarita Edgerton, R-Spartanburg
- Rep. Shannon Erickson, R-Beaufort
- Rep. Doug Gilliam, R-Union
- Rep. Thomas Lee Gilreath, R-Anderson
- Rep. Val Guest, R-Horry
- Rep. Patrick Haddon, R-Greenville
- Rep. Bill Hager, R-Hampton
- Rep. Lee Hewitt, R-Georgetown
- Rep. Bill Hixon, R-Edgefield
- Rep. Harriet Holman, R-Dorchester
- Rep. Chris Huff, R-Greenville
- Rep. Jay Kilmartin, R-Lexington
- Rep. Kathy Landing, R-Charleston
- Rep. Brian Lawson, R-Cherokee
- Rep. Randy Ligon, R-Chester
- Rep. Josiah Magnuson, R-Spartanburg
- Rep. Ryan McCabe, R-Lexington
- Rep. John McCravy, R-Greenwood
- Rep. Cody Mitchell, R-Darlington
- Rep. Adam Morgan, R-Greenville
- Rep. Weston Newton, R-Beaufort
- Rep. Jordan Pace, R-Berkeley
- Rep. Fawn Pedalino, R-Clarendon
- Rep. Heath Sessions, R-York
- Rep. Murrell Smith, R-Sumter
- Rep. Mark Smith, R-Berkeley
- Rep. David Vaughn, R-Greenville
- Rep. Joe White, R-Newberry
- Rep. Paul Wickensimer, R-Greenville
- Rep. Mark Willis, R-Greenville
