New Election for City Council Coming after Seat 5 Protest Upheld

Greg Wilson/Anderson Observer

The Anderson Municipal Election Commission upheld the decision to overturn the April 7 City Election for Anderson City Council Seat 5, which will lead to scheduling a special election for the seat. Filing information and dates for a new election are expected to be announced this week.

In the initial race Toyna Winbush received 134 votes to defeat Darryl Thompson, with 68 votes, in an election to fill the seat left open by the retirement of longtime City Councilwoman Beatrice Thompson.

Following the election, Darryl Thompson filed a protest which charged that Winbush was not a resident of the district when she filed to run for the seat.

In a statement Monday night, Winbush vowed to continue the fight in court:

“Today, I appealed the decision of the Anderson Municipal Election Commission overturning the April 7, 2026, Election for Anderson City Council Seat 5. The decision was wrong and it overturned a free and fair election that our campaign won by a vote of 134 to 68. That should not happen in America.

The decision followed a protest filed by my opponent after he lost. He speculated that I did not live in Seat 5 when I filed to run. That is not true. Instead of explaining the basis for his claim, my opponent asked the Commission to investigate me for him. Rather than recognizing the protest as the grievance of someone unable to accept defeat gracefully, the Commission asked city attorneys to investigate me, which they did, and then held a hearing.

I presented sworn testimony and corroborating evidence to the Commission during the protest hearing. The Commission ignored that evidence. Instead, the Commission considered a lengthy presentation by the city’s lawyers who made inaccurate claims and offered speculative conclusions to try to prove I was not a resident of Seat 5 when I filed. That presentation was not sworn testimony subject to cross examination or any other rule of evidence that was supposed to govern the hearing. Nevertheless, the Commission’s decision credited their presentation and ignored my evidence.

The Commission’s actions were wrong and unlawful. We worked on our campaign for Seat 5 for months raising money, knocking on doors, and making phone calls. It took the Commission just 47 minutes to decide it would overturn the will of the voters. I won’t let that stand without a fight.

I have filed papers with the Anderson County Court of Common Pleas asking a judge to review the Commission’s decision. I look forward to my day in court.

Thank you again to my family, friends, and supporters for your hard work, your donations, and your words of encouragement. I will keep you posted as I continue to fight for your vote, for Seat 5, and for the city we love.”

No timeline for the request for a review of the commission’s decision has been set.

This story is developing…