Article XVII, Section 8 of the South Carolina constitution states “It shall be unlawful for any person holding an office of honor, trust, or profit to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death.”
A 2010 constitutional amendment (HB 3943) would have lifted the prohibition on “gambling or betting” for lotteries conducted by the state for most officer holders, including trial court judges, but specifically not including “judges sitting on the State Supreme Court or the South Carolina Court of Appeals.”
On the last day of the 2011 session, the amendment was re-introduced as HB 4357 of 2011. The bill was referred to the House Committee on Judiciary. Because South Carolina allows bills to be carried over, the bill will be available for action in the 2012 session.