Can convicted criminals run for state office in South Carolina? It depends

CHARLESTON, S.C. (WCBD)- The recent discovery that a Citadel cadet who pleaded guilty to participating in the Jan. 6, 2021, riot at the U.S. Capitol filed to run for the state legislature has raised an important issue: whether convicted criminals are eligible to run for state office in South Carolina.

Elias Irizarry, 22, was sentenced in March 2023 to 14 days in jail after pleading guilty to a misdemeanor charge of entering and remaining in a restricted building or grounds. He completed his sentence on May 26, 2023, federal records show.

He’s now running for elected office less than a year later. Records from the South Carolina Election Commission show Irizarry filed Wednesday to run for South Carolina House District 43, which includes Chester and York Counties.

His candidacy has sparked questions over what disqualifies someone from holding elected office in South Carolina.

At a minimum, candidates must be 21 years old to run for the South Carolina House of Representatives and 25 years old to run for the South Carolina Senate. Candidates must also be registered to vote in the district they hope to represent at the time of filing.

The South Carolina Constitution states that “a person convicted of a felony or an offense against the election laws is not qualified to file for or hold office, unless it has been fifteen years since the completion of the sentence for the crime or unless the person has been pardoned.”

The text defines “offense[s] against elections laws,” as tampering with a voting machine, fraudulent registration or voting, using bribery to obtain votes, voting more than once in an election, voter impersonation, and swearing falsely at elections. Anyone convicted of these crimes is not eligible to serve in the House or Senate.

That means an individual who has been pardoned or files to run for office at least 15 years after finishing their sentence, including probation and parole, is eligible.

No provision in the law disqualifies someone from holding state office if they have been convicted of a misdemeanor crime.

Irizarry will face incumbent Representative Thomas Randy Ligon, who has served House District 43 since 2019, in the June primary – the winner in that election will be on November’s ballot. Both are running as a Republican.