State Rep. Jim Merrill resigned from the Legislature last week, just prior to appearing in court.

He has been suspended from office since December, when he was indicted on two counts of misconduct in office and 28 counts of violating state ethics laws. While many of the charges are misdemeanors, he could face up to 10 years in prison if convicted.

Merrill is the second legislator to resign amid recent corruption charges. Former state House Speaker Bobby Harrell plead guilty in October 2014 to ethics-related charges and resigned.

Similar charges are currently pending against Rep. Rick Quinn and Sen. John Courson. Both remain suspended while awaiting trial.

The state’s Supreme Court has issued a stay allowing voters to choose a House District 114 candidate on November 4, as originally planned. The ruling suspends the recent decision by the State Election Commission to postpone the election for former House Speaker Bobby Harrell’s seat until December.

Although the vote will take place, there is still a possibility the results will not count. The court may rule on the underlying case by deciding to allow the results of Tuesday’s election or to throw out those results and side with the commission’s special election plan.

Days after election officials announced no special election would be needed to replace former House Speaker Bobby Harrell in House District 114, the State Election Commission unanimously voted to hold the special election.

The commission reversed the earlier ruling after Harrell submitted a signed affidavit contending he resigned on the nonpolitical grounds of family crisis, including the loss of his job after pleading guilty to ethics violations.

State law allows a political party additional time to field a new candidate if the party’s candidate steps down for nonpolitical reasons. If Democrats do not prevail on appeal, the Republican primary would take place on November 25, followed by a special election on December 9. If a runoff is necessary after the primary, the runoff would be December 9, with the special election pushed back to a date to be determined by the commission.

No special election will be held to replace former House Speaker Bobby Harrell in House District 114. Harrell, who recently pleaded guilty to ethics violations, will remain on the November 4 ballot, but will not be eligible to win the election.

The plea agreement requires Harrell to resign, not seek office for three years, and cooperate in other investigations. The race for House District 114 will be decided between Democrat Mary Tinkler and Green Party nominee Sue Edward.

House Speaker Bobby Harrell has been suspended following an indictment on criminal charges of misconduct in office, using campaign funds for personal use, and falsifying candidate campaign disclosures. The nine-count indictment claims Harrell used hundreds of thousands of dollars in campaign funds for personal expenses and falsified his private plane’s logbook to seek payment for travel that did not occur.

The complaint was filed by the director of the nonpartisan South Carolina Policy Council and follows a fight between Harrell and Attorney General Alan Wilson, who ordered an investigation of the speaker’s conduct last year.

The regular session of the South Carolina Legislature adjourned on June 2 and a special session is scheduled for June 14. However, Governor Nikki Haley has requested an earlier additional special session for June 7 to pass further legislation, but the elected representatives may not convene.

While House Speaker Bobby Harrell has instructed house members to return on June 7, Senate President Pro Tempore Glenn McConnell has said the senate will not return, even though both the governor and Senator McConnell are in the same political party.

Several legislators challenge the governor’s legal authority to convene a special session without extraordinary circumstances.