SC · constitutions
S.C. Const. art. IV, § 12
Disability of Governor
(1) Whenever the Governor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General, and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session, it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office.
History
1972 (57) 3171; 1973 (58) 48; 2014 Act No. 214 (S.446), Section 1.F, eff November 6, 2018. 2014 Act No. 214, Section 1.F, provides as follows: “F. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 12, Article IV is amended to read: [text of section].” 2014 Act No. 214, Section 1.F, substituted “President of the Senate” for “President Pro Tempore of the Senate” throughout; in subsection (2), added a comma after “Comptroller General”; and in the last paragraph, added a comma following “that no such inability exists” and “if not in session”.
Provenance
- Source
- scstatehouse.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9c77ca77aab218eb93b6cd301a8abdaf57f8b929fb2d72bd8f9b28ca8e6ea8c0
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