The Senate of the State of South Carolina, by and Through Its President Pro Tempore, the Honorable Hugh K…

Summary

The South Carolina Supreme Court held that the Governor’s July 23, 2018 recess appointment of Charles M. Condon as Chairman of the Public Service Authority was valid under S.C. Code Ann. § 1‑3‑210, interpreting the statute’s language to allow appointments during any Senate recess in which a vacancy exists. The Court rejected the Senate’s narrower reading and affirmed the Governor’s authority, while noting the need to address the President Pro Tempore’s standing in future cases.