COLUMBIA, SC (WSPA) – SC Attorney General Alan Wilson has issued an opinion on the validity of state laws without the state seal.
Wilson says “All acts which do not or did not have the Great Seal affixed by the Secretary of State in a timely fashion remain valid and enforceable unless and until set aside by a court or repealed by the Legislature.”
He says if the Secretary of State’s failure to affix the Great Seal made laws invalid, it would give the Secretary a veto power stronger than the governor’s, whose veto may be overridden.
The AG’s office says the opinion was requested by Rep. Joshua Putnam R-Piedmont after he found that more than 100 laws enacted over the past 15 years don’t have the Great Seal on them.
The opinion concludes:
…while we emphasize that the Secretary of State’s mandatory constitutional duty is to affix the State Seal upon each and every act upon presentation to his Office, we also believe that a court will give effect to and uphold the acts in question, particularly if satisfied that the Secretary of State has appropriately cured these omissions.