SC’s Malloy protests Senate District 29 results after losing. Could a new election occur?
Story Date: 11/20/2024

SC’s Malloy protests Senate District 29 results after losing. Could a new election occur?
BY JOSEPH BUSTOS
UPDATED NOVEMBER 19, 2024 3:42 PM
 
Former state Sen. Gerald Malloy, D-Darlington, is protesting the Nov. 5 election results in state Senate District 29, a move that could lead to a new election. Malloy, who ended election night 287 votes behind state Sen. JD Chaplin, R-Darlington, closed the gap in a recount to 87 votes. Because of this drastic change and alleged anomalies in one particular county, Malloy is questioning the results in the state Senate District 29, which includes parts of Chesterfield, Darlington, Lee, Marlboro and Sumter counties.
 
“It is imperative to understand what happened here because every voter deserves to know their vote is counted fairly and accurately,” Malloy said in a news release. “We are facing a situation that simply hasn’t happened before with our electronic voting systems.”
 
The bulk of the change in vote totals came in Lee County where some early vote totals were not included in a election day count, but were included in the recount. The protest also says voters who cast a ballot do not match the voter registration list, and a Lee County precinct was off by more than 4% when the number of ballots cast was counted by hand compared to when they were counted by a scanner. It was the only precinct in the state that was off by more than 1%, according to the protest.
 
“Because the margin for the declared winner in this election is only 87 votes, these significant anomalies and changes to vote totals and vote counts during the recount raise more questions than they answer and do not ensure that all votes cast were counted accurately,” Malloy’s attorney Matthew Richardson wrote in the protest. Republicans are now calling Malloy an “election denier,” a term used by Democrats of Republicans who did not accept President-elect Donald Trump lost the 2020 election. In a statement to, Chaplin said Malloy didn’t raise any concerns about the voting process during early voting and on Election Day.
 
“Now, former Sen. Malloy is complaining because he lost,” Chaplin said. “As the duly-elected and sworn-in senator for District 29, I look forward to serving the Pee Dee.” South Carolina Republican Party Chairman Drew McKissick called Malloy’s refusal to concede a “final power grab.”
 
“His fellow Democrats who lost by even smaller margins conceded to the will of the people. But true to form, the former senator’s selfish ambitions continue to override the concerns of his constituents,” McKissick said in a statement.
 
“That’s exactly why SC Senate 29 voters decided to elect JD Chaplin, a leader they can finally trust to represent them.” In a letter to Lee County, the S.C. Election Commission had concerns about how the votes were counted and asked for documentation about how the irregularities happened and a breakdown of the recount process.
 
“It is imperative that these concerns are addressed promptly and thoroughly to ensure public confidence in the electoral process,” S.C. Election Commission Executive Director Howard Knapp wrote. A hearing on Malloy’s protest is expected to take between five and 25 days of Malloy’s filing. If Malloy’s protest is upheld , then a new election would be ordered, said John Michael Catalano, a spokesman for the S.C. Election Commission.
 
The new Senate is scheduled to meet Dec. 4 for its reorganization.