Judge rejects Kleckley effort to remove Garrett from SC Senate District 10 ballot
A Lexington County judge is allowing Republican state Sen. Billy Garrett to stay on the November ballot, dismissing a case brought by his Democratic opponent who questioned whether the freshman senator actually lived in the district.
In a ruling issued Wednesday, Judge William P. Keesley said Francie Kleckley’s lawsuit questioning Garrett’s residency at this point in the election calendar was too late.
Kleckley sued Garrett and the State Election Commission to have the incumbent removed from the ballot.
In her suit, Kleckley said she was compelled to bring the action because Garrett was “noticeably absent from Greenwood, Lexington, and Saluda for [hurricane] relief efforts”
“It does not change the point in time when she possessed substantial knowledge about this alleged issue and was required to begin any legal action,” Keesley said. “Nothing prevented her from seeking a decision without affecting the timing of the general election, regardless of whether or not her decision was prompted by rumors of an alleged absence of Garrett from hurricane relief efforts in several counties.”
During redistricting, Garrett a first term senator who lists a McCormick County address on his Senate biography page, had his house drawn into a district with Senate Majority Leader Shane Massey.
Garrett’s family bought a house last year in Lexington County, and he changed his voter registration to that address, which is in the new District 10. The district also includes parts of Greenwood and Saluda counties.
But Keesley left the door open over whether Garrett can actually serve in the role.
“This (ruling) does not bar the plaintiff from raising to the Senate the issue of Garrett’s qualifications related to residency should he win the general election,” Keesley said.
