COLUMBIA, S.C. – South Carolina State Senator Wes Climer, R-York, has filed a lawsuit seeking to block a planned pay increase for state legislators, arguing that the raise violates the state constitution. The petition, submitted late Friday to the South Carolina Supreme Court, challenges a provision in the upcoming state budget that increases monthly in-district compensation for lawmakers from $1,000 to $2,500.
The legal action was filed jointly by Climer and Carol Herring, a retired teacher and member of the South Carolina Federation of Republican Women. They are represented by the law firm of former state senator Dick Harpootlian. The court has ordered state officials to respond to the petition by next week, with a decision anticipated before the new fiscal year begins on July 1.
The contested $1,500 monthly increase—totaling $18,000 annually—is part of a one-year budget proviso intended to cover legislators’ expenses while working in their districts. These expenses include hosting public events, communicating with constituents, and travel. Although framed as expense reimbursement, Climer and Herring argue that the payments amount to compensation, and therefore fall under constitutional restrictions.
Herring told the YoCo News, “I became part of this lawsuit because of my concern regarding bills left on the table while a pay raise was added as a facially unconstitutional proviso and voted on the last day of the legislative session. Critically important issues for Palmetto citizens this session—privacy for women and girls, parental rights, closed primaries—will have to wait while lawmakers give themselves a pay raise.”
The filing points to a clause in the South Carolina Constitution that says any changes to lawmakers’ pay or per diem can only take effect for future General Assemblies—not the one that passed the raise. The lawsuit argues that the in-district payments are taxable and unrestricted, making them more like direct income than reimbursement for expenses.
According to the state’s chief accountant, the in-district compensation—set to rise from $1,000 to $2,500 per month—is not considered a per diem.
Currently, legislators receive a base salary of $10,400, along with mileage reimbursements and a daily per diem of $240 during legislative sessions. The new budget provision would raise the in-district stipend to $2,500 per month for fiscal year 2025–26. While the increase is technically limited to one year, budget provisos are frequently renewed by the legislature, raising concerns about the change becoming effectively permanent.
Climer and Herring are requesting the Supreme Court bypass lower courts due to the urgency of the matter. They argue that if payments begin and are later found unconstitutional, the state may not be able to recover the funds.
Some York County lawmakers, including Republicans Senators Wes Climer, and Michael Johnson, and Representatives Randy Ligon and Heath Sessions have said they will refuse the increase. Representative Brandon Guffey and David Martin have said they will donate the pay raise.
Sign up for our Sunday Spectator. Delivered to your inbox every Sunday, with all the news from the week.
