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Make felons pay for special elections

A bill recently introduced by S.C. Sen. Mike Fanning might not be entirely practical but it has the advantage of being principled and proper.

The basis for the bill is simple: If elected officials are forced to leave office for committing felonies, they ought to pay the tab for the special elections to fill their seats. The proposal would require solicitors to ask for restitution, and it would authorize judges to order it.

The rule would apply to any convicted officials – from city council members and sheriffs to state legislators and congressmen. Fanning, a Great Falls Democrat, said the money spent on special elections could be better used for education or some other pressing need.

State Rep. Mike Pitts, R-Laurens, who is chairman of the House Ethics Committee, plans to introduce similar legislation in the House this month.

S.C. Election Commission officials say it is difficult to determine precisely how much the state has spent on special elections over the years.

But, they say, a special election to replace a state senator typically costs the state about $85,000, while filling a smaller state House seat typically costs about $35,000.

Of course, some crooked public officials would be unable to afford to reimburse the state for those expenses. But many no doubt could.

And such special elections have been distressingly frequent in recent years. One state senator and two state representatives have left office after criminal convictions since 2013.

Another state representative resigned in January after being charged with aggravated domestic violence, although he has not been convicted.

Supporters concede that no other state has a law requiring disgraced legislators to pay for special elections to replace them. But the idea is not unprecedented.

In 2008, after then-S.C. Treasurer Thomas Ravenel was found guilty of using cocaine, U.S. District Judge Joe Anderson ordered him to pay nearly $30,000 back to the state to cover the cost of a special legislative session to name his replacement.

Ideally, a law requiring all public officials who are forced out of office for breaking the law to foot the bill for special elections would serve as a deterrent. It might make some lawmakers think twice before they engage in illegal activity.

Again, though, such a law also would have a moral appropriateness to it. If your felonious acts cost the state thousands of dollars, it will come out of your pocket.

This story was originally published March 14, 2017 at 6:36 PM with the headline "Make felons pay for special elections."

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