If we have learned anything about the political arena since 2016, it is that American voters are sick and tired of the back room, secret deals that serve the self-interests of politicians, often at the expense of the public, and the accompanying political spin used to justify them.
Next month, Alan Clemmons will appear before the Judicial Merit Selection Commission (JMSC) to begin the official process in his hope for appointment as the new Master in Equity Judge for Horry County.
Last year, five weeks after winning the Republican Primary for nomination on the general election ballot for what would have been his tenth term as the representative for House District 107, Clemmons resigned his seat as a representative.
By waiting to resign until after winning the primary, Clemmons was required to submit a sworn affidavit to the S. C. Election Commission explaining he was resigning for “non-political reasons” in order for a new Republican candidate to be determined by a special primary election. The cost of the special primary election was approximately 40,000 taxpayer dollars.
Clemmons’ affidavit cited spending more time with his family and new clients for his law firm who would “require a large investment of my time and focus.”
But, was there another reason? According to state law, the burden of proof for justifying “non-political reasons” lies solely with the resigning candidate.
Horry County Master in Equity Cynthia Graham Howe announced around the time of the June 2020 primary that she would retire in July 2021 at the end of her current term in office. State law requires state lawmakers to be out of office for at least one year before they are eligible to be appointed to a judgeship.
If Clemmons is certified as being qualified for the Master in Equity job by the JMSC, the next step in the process is for the Horry County legislative delegation to vote to recommend a candidate for the job to Gov. Henry McMaster.
After a background check, the governor then decides whether or not to submit nomination of the candidate to the full General Assembly for approval. The entire judicial selection process has been criticized by various organizations in the state as giving an unfair advantage to former state legislators.
According to sources, each legislative delegation member has a weighted percentage vote based on voters in the county represented and time in office. A candidate needs to secure over 50% of those percentage votes to be recommended. The highest individual weighted percentage sits with Sen. Luke Rankin.

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