COLUMBIA, S.C. — South Carolina State Senator Gerald Malloy has withdrawn his protest of the results of the Senate District 29 race, officially ending the contest for that seat nearly four weeks after election day.
Malloy issued a statement late Monday of his intentions, less than a day before he and his legal team were set to argue their case before the South Carolina Election Commission.
“I have tremendous respect for and will always honor the South Carolina Senate," Malloy said in a statement. "This election has left many serious questions. But to take a protest to its full conclusion would leave Senate District 29 without representation during a critical period and put the honorable institution I love in an untenable circumstance. Therefore, I am directing my attorneys to stand down, and I have called Senator Chaplin to help in the transition. I will continue to work to improve our infrastructure, public safety, and education among the many other needs in the Pee Dee.”
Malloy, a Democrat and the incumbent senator for Senate District 29, has filed a formal protest challenging the results of his race against Republican J.D. Chaplin from November 5. Malloy’s complaint focused on vote discrepancies in Lee County that emerged after a mandatory recount.
The recount, triggered by the race’s narrow margin, revealed significant differences from the original election night totals. Officials reported 4,643 votes in Lee County during the recount—70 fewer than initially counted. Additionally, the recount showed a shift in candidate totals: Chaplin lost 129 votes, while Malloy gained 59. Despite Malloy’s increase, Chaplin remained ahead by 87 votes.
Senate 29 has five counties in it but only the vote totals in Lee County were being disputed.
The Election Commission asked Lee County for an explanation of the change and received a response. Malloy then asked for a hearing, which was set to be heard at 10 a.m. on December 2.
However, in a letter to the Election Commission announcing the withdrawal, Malloy said the Election Commission didn't give him access to data that it used as part of its analysis of the Lee County vote. Malloy's team wanted their own third-party person to evaluate those results.
Chaplin now takes over the seat that Malloy had held since 2003. Chaplin describes himself as a conservative who's a fourth-generation crop farmer.