South Carolina Supreme Court Cuts Lawmakers’ Pay by $1,000 Monthly

The South Carolina Supreme Court has ruled that state lawmakers improperly approved a monthly pay raise of $1,500, resulting in a significant reduction of their compensation. This unanimous decision, delivered on November 8, 2023, stipulates that the raise, classified as “in-district compensation,” will not take effect until after the next legislative election scheduled for the end of 2026. Consequently, legislators will see their pay decrease by $1,000 each month until a new proposal is passed.

The court’s ruling emerged from a lawsuit filed by Republican Senator Wes Climer and one of his constituents, challenging the legality of the raise. During proceedings, attorneys for the House and Senate argued that the increase was intended for expenses rather than salary. However, the justices ruled in favor of Climer’s assertion that since lawmakers referred to it as compensation and were not required to provide documentation for expenses, it should be classified as salary.

In their decision, the justices acknowledged the lack of salary increases since 1994, stating that the current amounts are inadequate given the demands of serving as a state legislator. They highlighted that historically, the General Assembly has adhered to constitutional guidelines prohibiting salary increases until a new legislature is convened. The court emphasized, “Where a legislative enactment clearly contravenes our constitution, we have a duty to declare the legislative enactment unconstitutional.”

As a result of this ruling, when legislators return to the South Carolina Capitol in January, they will receive a one-time payment of $10,400 to cover their daily compensation of $260 for the entirety of 2026. Additionally, they remain eligible to claim expenses for travel and accommodation related to their legislative duties.

The decision to eliminate the $1,000 monthly compensation surprised many lawmakers. Some have expressed concerns about using their personal funds to cover town hall meetings, equipment for constituent services, and other necessary expenses. The justices suggested several options for lawmakers to rectify the situation, including officially designating the increase as an expense fund rather than compensation, delaying the raise until after the next election, or separating the budget items to ensure that existing compensation would not be affected.

The proposal for the in-district compensation raise was initially put forth by Senator Shane Martin during the budget discussions. He argued that the first raise in three decades was essential due to inflation and rising costs, which have rendered the previous compensation insufficient. South Carolina legislators currently receive one of the lowest compensations in the nation, with a total of $22,400 for salary and in-district expenses. While this is more than the $100 plus mileage paid to lawmakers in New Hampshire, it pales in comparison to the salaries in states with full-time legislatures, such as California and New York, where legislators earn over $100,000 annually.

This ruling not only affects the financial stability of South Carolina lawmakers but also raises questions about the legislative process and its adherence to constitutional mandates. As the General Assembly prepares for the upcoming session, the implications of this decision will likely reverberate throughout the state, influencing discussions on compensation and legislative accountability.