After a legally-mandated recount that moved 191 votes in his direction, S.C. Sen. Gerald Malloy (D-Darlington) is formally asking the S.C. Election Commission to invalidate his loss to Republican J.D. Chaplin and order a new election in Senate District 29.
Prior to the Nov. 15 recount, Malloy trailed Chaplin by 278 votes. After the recount, he was behind by 87.
To give perspective to the magnitude of a vote shift that big in one election,, Malloy’s Election Commission filing challenge notes that only a total of 24 votes have moved from one candidate’s tally to the other in the 18 state and congressional recounts in South Carolina over the past 10 years combined.
Given the size of the shift in his race, as well as other “irregularities” in the counting process, Malloy argues that a thorough investigation and a new election are warranted.
“We are facing a situation that simply hasn’t happened before with our electronic voting systems,” Malloy said in a statement. “We need to take a closer look to ensure accuracy in this race and future elections. Clearly, everyone will benefit from understanding how this many errors were even possible and how we can fix it so this never happens again.”
In addition to what Malloy calls the “unprecedented” numbers of votes that moved during the recount, the filing alleges further irregularities involving the handling of early votes in Lee County, where the bulk of the counting errors occurred.
S.C. Democratic Party Chair Christale Spain said Malloy’s appeal was necessary to ensure confidence in state elections.
“We must be able to trust the integrity of our elections, and we have confidence that the South Carolina Election Commission will address the issues outlined in the protest and uphold the integrity of this election,” Spain said. “The people of Senate District 29 and all South Carolinians deserve no less.”
Conversely, S.C. Republican Party Chairman Drew McKissick called Malloy “a sore loser.”
“In Malloy’s final power grab of his 22-year reign, he’s refusing to concede,” McKissick said. “I call on Gerald Malloy to stop being an election denier, do the right thing, and listen to the people for the first time in his career.”
But in a Nov. 18 letter to the Lee County Board of Voter Registration and Elections, the S.C. State Election Commission (SCSEC) appeared to validate at least some of Malloy’s concerns about the county’s election procedures.
“As the executive director of the South Carolina State Election Commission (SCSEC), it is my duty to ensure the integrity, accuracy and transparency of elections conducted within our state,” SCSEC Executive Howard Knapp wrote. “I am writing to express my concern regarding discrepancies observed in the recount results for the November 5, 2024, election, particularly in the South Carolina Senate District 29 race.”
Knapp directed county officials to provide the following information by Friday, Nov. 22 :
- “A detailed explanation of the specific errors or irregularities that led to the discrepancies between the original vote totals and the recount results.
- “A comprehensive breakdown of the recount process utilized in Lee County, including whether you adhered to state and federal election laws and established recount procedures.
- “Documentation of all communications, logs, and procedures followed during the recount process.
- “An explanation of why these discrepancies were not identified and addressed prior to certification.
- “A detailed plan of action for rectifying any procedural, operational, or equipment-related deficiencies that may have contributed to this situation.”
Knapp urged Lee County officials to respond to the information request without delay.
“It is imperative that these concerns are addressed promptly and thoroughly to ensure public confidence in the electoral process,” Knapp wrote. “Please prioritize this issue and provide a comprehensive explanation for the discrepancies observed in the recount results.”
Malloy’s protest hearing is scheduled for 10 a.m. on Dec. 3. Under S.C. law, any further appeal would go to the S.C. Senate rather than the state court system for final adjudication.
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