COLUMBIA --- South Carolina ethics officials contend the state House chamber could receive a preliminary report on their investigation into Gov. Mark Sanford's travels regardless of whether he waived confidentiality rights.

The state Ethics Commission argued in papers filed Friday with the state Supreme Court that the law allows it to forward evidence of a violation to prosecutors, and that does not make the report public.

"The commission has never argued that the governor's waiver would now permit the public disclosure of the investigative report," wrote Cathy Hazelwood, commission attorney and deputy director. "With or without a waiver, the commission would forward at its discretion apparent evidence of a violation."

Mr. Sanford has asked the justices to decide whether the commission can release its investigation to state lawmakers as they consider impeachment.

Mr. Sanford waived confidentiality to the investigation in an Aug. 28 letter.

"As you well know, this administration has consistently gone the extra mile in fight for transparency in our state government," Mr. Sanford wrote in his waiver. "In an effort to once again go the extra mile, I would like to waive my right to confidentiality in your upcoming ethics probe. I believe that what the whole of our travel records will show is that this administration has worked very hard to be a good steward of taxpayer resources."

Mr. Sanford called his waiver a "unilateral step."

But his lawyers later argued he was only revealing that he is being investigated -- and the investigation's scope -- not allowing state lawmakers to get the report before he defends his actions. They argued that would be unfair.

Sanford lawyer Kevin Hall said that was part of a negotiation between Mr. Sanford's lawyers and the Ethics Commission that was spelled out in a previous letter.

Any discussions and correspondence involved state law and regulations. Though Mr. Sanford's waiver was "more wordy and self-congratulatory" than most people under an ethics probe, it doesn't change how the commission interprets those, Ms. Hazelwood wrote.

Mr. Sanford's travel has been under scrutiny since he slipped his security detail and skipped the state for five days in June to rendezvous with his Argentine lover. Investigations by The Associated Press have shown he used state planes for personal and political purposes; flew on private planes owned by donors and friends without disclosing the flights on ethics forms and traveled in first class seats and charter jets despite state low-cost travel rules.