Governor’s office says it can’t intervene in Atlantic Beach election dispute

COLUMBIA, S.C. (WMBF) - The office of Gov. Henry McMaster says it cannot intervene in a Grand Strand election that remains disputed months after votes were cast.

On Thursday, the governor’s office confirmed to WMBF News that it received the request from the Town of Atlantic Beach. In a letter dated Jan. 5, legal counsel for the town asked the governor to direct the South Carolina Election Commission to certify the election.

The request was made with the approval of the town and its two mayoral candidates, Josephine Isom and John David.

“Our request arises out of the irregularities that have occurred leading up to the November 7, 2023 Municipal Elections, and continuing to date,” read the letter from the town’s legal counsel. “These irregularities include, but are not limited to, allegations of voter fraud, alleged illegal and improper conduct by a municipal election official, and various legal actions that are now pending before the Supreme Court of South Carolina.”

Gov. McMaster’s office sent a response letter dated Jan. 10, written by the governor’s chief legal counsel, Thomas A. Limehouse, Jr.

In the letter, Limehouse notes that the governor cannot direct the election commission to take over an uncertified municipal election because it is not outlined in the South Carolina Constitution and the state’s code of laws.

“Just as the Governor does not have the authority to order a new election, the Governor does not have the authority to assume a judicial role and effectively decide (or direct the SEC to assume control of) a contested matter that is the subject of ongoing litigation,” Limehouse wrote. “I trust you will understand, however, that the Office cannot accommodate your request for Governor McMaster to end this embarrassing episode (and litigation related to the same) by resorting to a procedure that is not authorized by state law.”

Atlantic Beach’s election has been disputed since November, when ballots were contested and extended the certification process. Town leaders later voted to dissolve the election commission while in the middle of a recount for the mayoral election.

The town later reinstated the commission but removed its commissioner.

David filed a lawsuit against the town and others with the South Carolina Supreme Court in November.

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