Winbush Files Legal Challenge to City’s Overturning Council Election

Greg Wilson/Anderson Observer

Tonya Winbush, who defeated Darryl Thompson for the Anderson City Council Seat 5 earlier this month only to have the election tossed after a protest was filed by Thompson has vowed to fight the decision.

Winbush is taking legal action to challenge the protest. In a statement issued Monday night she wrote:

“I received the executed decision from the Municipal Election Commission today. I wanted everyone to hear it directly from me. I will fight this decision. Just like the voters of City Council Seat Five, the law and the facts are on my side. The voters selected me by a two to one margin, and I will appeal the erroneous decision of the Municipal Election Commission to ensure the voice of our district will not be silenced.”

Thompson, who lost to Winbush in the race, filed a protest to the results challenging the residency of his opponent. A city hearing last determined that there was not enough evidence to verify Winbush’s residency in the district thus nullifying election results in the race. City council candidates are required to reside in the city district they are seeking at the time of filing to run for office.

Winbush earned 134 votes compared to 68 for Thompson. Neither candidate has offered comments on the case. 

South Carolina Municipal Code outlines the procedure in contesting elections, which generally meets swift action.

It states that within 48 hours after the closing of the polls, “any candidate may contest the result of the election as reported by the managers by filing a written notice of such contest together with a concise statement of the grounds therefor with the Municipal Election Commission. Within 48 hours after the filing of such notice, the Municipal Election Commission shall, after due notice to the parties concerned, conduct a hearing on the contest, decide the issues raised, file its report together with all recorded testimony and exhibits with the clerk of court of the county in which the municipality is situated, notify the parties concerned of the decisions made, and when the decision invalidates the election the council shall order a new election as to the parties concerned.” (2025 South Carolina Code of Laws Title 5 - Municipal Corporations Chapter 15 - Nominations And Elections For Municipal Offices Section 5-15-130. Procedures for contesting results of election.)

After the decision is handed down, candidates have 10 days to appeal:

“Within 10 days after notice of the decision of the municipal election commission, any party aggrieved thereby may appeal from such decision to the court of common pleas. Notice of appeal shall be served on the opposing parties or their attorneys and filed in the office of the clerk of court within 10 days. The notice of appeal shall act as a stay of further proceedings pending the appeal. Neither the mayor nor any member of council shall be eligible to pass on the issues arising in any contest in which he is a party.”  (2025 South Carolina Code of Laws Title 5 - Municipal Corporations Chapter 15 - Nominations And Elections For Municipal Offices Section 5-15-140. Contesting election results; appeal from decision of municipal election commission.)

The current situation is following the path set by state election law.

According to the South Carolina Municipal Elections Commission Handbook, The municipal election commission must serve each candidate in the contested race with a copy of the protest and notice of the hearing’s time and place, following Freedom of Information Act posting requirements. The commission must hold the hearing within 48 hours of the protest filing. All relevant election materials—voter registration lists, poll lists, ballots, results printouts, and other tabulations—must be available.

A complete and accurate transcript of the hearing is required, as it is essential if the decision is appealed, with a court reporter or stenographer to create this record.

All candidates in the contested race have the right to attend, have legal representation, examine and cross-examine witnesses, and present evidence related to the stated grounds. Testimony is limited strictly to those grounds. The MEC chair conducts the hearing using circuit court procedures and rules of evidence, and the MEC may administer oaths and subpoena witnesses until a decision is reached. Decisions are made by majority vote in public. Immediately after the hearing, the MEC must notify all candidates in writing and file its order, along with all testimony and exhibits, with the county clerk of court.

If the election is invalidated, as it was in this election, the MEC notifies the municipal council, which orders a new election limited to the affected office. As soon as possible after the hearing, the MEC—working with the municipal attorney—must prepare a written order detailing its decision and instructions and provide copies to all parties.

Any aggrieved party may appeal to the court of common pleas within 10 days of the MEC decision, which Winbush has done. The notice of appeal must be served on opposing parties or their attorneys and filed with the clerk of court within that period. Filing the appeal stays further proceedings pending the court’s decision.

This story is developing…