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South Carolina House Speaker Suspends Himself After Indictment

Facing charges of public corruption, South Carolina's embattled House Speaker Bobby Harrell suspended himself from the House of Representatives and transferred his duties as speaker to his next in command Thursday.

By Jamie Self

Facing charges of public corruption, South Carolina's embattled House Speaker Bobby Harrell suspended himself from the House of Representatives and transferred his duties as speaker to his next in command Thursday.

The move marked the end of Harrell's almost decade-long chapter as one of South Carolina's most powerful politicians. It came as the race to succeed the Charleston Republican as head of the GOP-controlled House narrowed to three candidates, including a Lexington County state representative.

"I am proactively taking this step because I believe it is the right decision for the South Carolina House of Representatives," Harrell wrote in a letter to the clerk of the House. "I have great respect for this institution and the people of South Carolina. I have always sought to act in their best interest and continue to do so now by taking this action and suspending myself from office."

Harrell's self-suspension came the day after he was indicted by a Richland County grand jury on nine misdemeanor charges, including illegally using campaign money for personal expenses, filing false campaign disclosure reports and misconduct in office.

Meanwhile, House Speaker Pro Tempore Jay Lucas, the Darlington Republican who is now acting speaker, emerged as the frontrunner to succeed Harrell.

Lucas has enough votes to win the speaker's job when the House convenes for its organizational meeting soon after the Nov. 4 election, two GOP lawmakers said on background. Those lawmakers did not wish to be identified because they did not want to offend colleagues seeking the office.

Lucas could face opposition, however.

House Ethics Committee chairman Kenny Bingham, a Lexington Republican and former House majority leader, plans to run for speaker.

Bingham said Thursday the race is not over yet. "We still have an open ballgame," he said, calling statements that Lucas is assured of being elected speaker "part of the mind games being played."

Also interested in the post is Jim Merrill, R-Berkeley, another former House majority leader.

House Ways and Means chairman Brian White, R-Anderson, was considering a run for speaker but said Thursday he would support Lucas.

Lucas is "second in line, and he's done a great job whenever he's presided over the House," said White, adding he does not "see a reason that I should run against someone like Jay Lucas who is qualified to do the job."

Harrell's suspension signals yet another shift in power away from Charleston. Four years ago, officials from that county held the three most powerful posts in state government -- governor, House speaker and Senate president pro tempore. Now, they hold none.

Harrell's suspension was not without controversy: Not everyone agreed Harrell had the power to suspend himself.

Harrell lost the authority to suspend himself when he was indicted for charges carrying sentences of more than two years and allegations of moral turpitude, Solicitor General Robert Cook wrote Thursday in an advisory opinion requested by two Democratic House members from Richland County. Under state law, either of those charges result in the immediate, mandatory suspension of a lawmaker, Cook wrote.

Making the point that Harrell lacked the authority to suspend himself is important, said state Rep. James Smith, one of the Democratic lawmakers who requested the opinion of the state attorney general's office.

"If he has the authority to suspend himself, then he, conversely, has the authority to reinstate himself," Smith said.

Smith said the charges against Harrell show the need for serious reforms in the House. In that body, "all power is vested in one (the speaker's) office, down to the hiring of my part-time, minimum-wage paid page," Smith said. "If you look at the full power of (Harrell's) authority, it is to absurdity."

In accepting the speaker's duties, Lucas said Thursday in a letter to Harrell that because the Charleston Republican had suspended himself, no other action was necessary. Lucas also said Harrell's suspension will remain in effect until the law requires he be reinstated -- if he is cleared of the charges -- or removed from office -- if he is convicted.

Harrell's suspension does not disqualify him from running for re-election.

In November, Harrell faces two challengers, Democrat Mary Tinkler and Green Party candidate Sue Edward. A spokesman with Harrell's campaign said Thursday he is still in the race.

If Harrell wins re-election, he would be sworn into office in January and suspended again if he is still under indictment.

"I truly believe that the speaker's efforts now will be on resolving the issues he has before him dealing with these indictments," Lucas said.

Reporters Andrew Shain and Cassie Cope contributed. Reach Self at (803)771-8658




(c)2014 The State (Columbia, S.C.)

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