South Carolina lawmakers not only lose raise but also $1,000 a month in pay after court ruling

South Carolina’s highest court ruled Wednesday that lawmakers improperly awarded themselves pay increases, delivering a significant financial blow to the state’s 170 legislators while raising questions about compensation for public service.

The unanimous South Carolina Supreme Court decision found that the $1,500 monthly “in-district compensation” increase legislators granted themselves earlier this year constitutes a salary bump that cannot legally take effect until after the 2026 election. In a surprising twist, the ruling also eliminated an existing $1,000 monthly expense payment that legislators had received for decades.

The lawsuit was initiated by Republican Sen. Wes Climer, who had voted against the pay raise, and one of his constituents. Following the court’s decision, Climer emphasized the importance of public trust.

“Public trust is earned by doing the right thing, even when it’s unpopular,” Climer said in a statement. “I opposed this pay raise not because the job isn’t demanding, but because how we govern matters.”

During October arguments before the court, attorneys representing the House and Senate contended that the additional funds were intended for expenses, not salary, and therefore exempt from constitutional restrictions on mid-term raises. The justices rejected this argument, noting that lawmakers themselves had labeled the money as “compensation” and that no receipts or documentation were required for the funds.

“Where a legislative enactment clearly contravenes our constitution, we have a duty to declare the legislative enactment unconstitutional,” the justices wrote in their opinion.

The court acknowledged that legislators’ base pay has remained unchanged since 1994 and described current compensation as “paltry” compared to the demands of public service. However, they pointed out that until this year, the General Assembly had consistently respected the constitutional prohibition against mid-term salary increases.

The financial impact on lawmakers will be substantial. When South Carolina’s part-time legislators return to Columbia in January, they will receive only a lump sum of $10,400 for their $260-a-day pay for all of 2026, along with mileage reimbursement and hotel accommodations. The loss of both the new raise and the longstanding $1,000 monthly payment caught many legislators off guard.

Some lawmakers expressed concern about the ruling’s effect on constituent service. Democratic Rep. Hamilton Grant warned that the decision would disproportionately harm legislators who aren’t independently wealthy.

“The decision is unfortunate and rules in favor of political elitism,” Grant said in a text message. “Taking a pay cut in this economy for any job does not help working South Carolinians.”

During court proceedings, the justices suggested several potential remedies that could have made the raise constitutional. These included structuring the additional funds more clearly as expense reimbursements, delaying payment until 2027, or separating the new compensation from existing pay to prevent the court from invalidating both.

The controversial pay increase was introduced late in the budget process by Republican Sen. Shane Martin, who spent roughly 30 seconds on the Senate floor arguing that the first legislative raise in three decades was necessary due to inflation and rising costs.

South Carolina already ranks among states with the lowest-paid state legislators in the nation. While comparisons between states are complicated by different combinations of salary, expense allowances, and travel reimbursements, South Carolina’s previous total of $22,400 for salary and in-district expenses falls well below compensation in other part-time legislatures like Alabama and Tennessee, according to data from the National Conference of State Legislatures.

The compensation is significantly higher than New Hampshire’s nominal $100 annual payment plus mileage but remains far below the salaries of full-time lawmakers in states like California and New York, where legislators earn more than $100,000 per year.

The ruling raises broader questions about legislative compensation and who can afford to serve in public office—issues that lawmakers will likely address when they reconvene in January.