SC special elections set first Freedom Caucus ballot box test since RJ May arrest
In the next month, the South Carolina General Assembly is set to have its first test of the S.C. House Freedom Caucus’ popularity at the ballot box since one of its former members was indicted on child porn distribution charges.
Special elections are scheduled in House District 21 in Greenville and District 88 in Lexington County, and in Senate District 12 in the Upstate, for Dec. 23. A special election is set for House District 98 in Dorchester County for Jan. 6. But the the primary elections set for Oct. 21 and Nov. 4 set up potential battles between the Freedom Caucus and House GOP Caucus.
The primary races may pit candidates backed by the hard-line conservative Freedom Caucus against those who may plan to align themselves with the House GOP Caucus. The District 88 is taking place because of the resignation of RJ May, a Freedom Caucus founder and driving force. May was indicted on 10 counts of distributing child pornography, which gained statewide attention.
The Freedom Caucus and the House GOP Caucus have been at odds for several years over tactics used by hard-line conservatives meant to grab attention and contentions by the Freedom Caucus that legislation passed by the Republican supermajority in the House isn’t conservative enough.
The Freedom Caucus has sought to distance themselves from May since his indictment was unsealed and they quickly called on May to resign.
State Rep. Jordan Pace, the chairman of the Freedom Caucus, said he expects the House GOP caucus to use the May indictment against candidates with backing from the Freedom Caucus as he maintains the group wasn’t solely run by May.
“We’re going to stick to policy and deliver those results,” Pace said. “If they’re going to yell and scream and try to distract people from it, that’s kind of what they’ve been practicing at for several years. I expect them to try to use it, that is the lowest form of politics and why people are so cynical and largely sick of that kind of crap.”
But House GOP Caucus leadership says May’s legal trouble is a key part of the race.
“I don’t know how anyone, especially running in RJ’s district specifically, can say they want to join the organization that he created after all the horrible things he’s been accused of and that he led to the Republicans splitting in the State House,” said Brandon Newton, the House majority whip.
The Freedom Caucus itself does not endorse candidates, but members of it back hopefuls in a race.
In District 88, a Lexington County seat, state Rep. Jay Kilmartin, R-Lexington, and Freedom Caucus member, said he is backing John Lastinger.
“He shows up. I don’t know the others. He goes to all the Republican meeting with us. I know his heart,” Kilmartin said.
But Kilmartin, citing May’s legal issue, didn’t expect Lastinger to immediately say he would join the Freedom Caucus.
“I think his viewpoint on government most aligns with the Freedom Caucus. I wouldn’t blame him if he didn’t say ‘I’m Freedom caucus right now’ especially in that district,” Kilmartin said. “It’s all about when you get down there, and away from your constituents, who’s going to influence you. Is it the Republican Caucus, the lobbyists, or are you going to stick with constituents? Are you going to do exactly what you said you were going to do when you were knocking on doors?”
Three other hopefuls are in the Republican race in District 88: Lorelei Graye, who challenged May in the 2024 primary; Brian Duncan, who launched a write-in campaign against May ahead of the 2024 general election, where about 1,104 write-in votes were cast; and Darren Rogers, who chairs the Lexington County Community Mental Health Center Board.
The most support Freedom Caucus members have already shown is in House District 21 where Dianne Mitchell touted the backing of eight Freedom Caucus members and two former state representatives who were members of the group.
“She’s been a friend to most of us for years and her time in leadership with the Republican women, particularly on the save women’s sports bill,” Pace said. “She was a strong proponent of that and testified. She’s been a friend and supporter of us, those of us who endorsed her individually and that’s where that came from. That’s a personal pre-existing relationship with her.”
Also running in House District 21 are Reggy Batson, Steve Nail and Jack Stott, all seeking the Republian nomination.
District 21 is where the Freedom Caucus has the best chance at making a pick up. Former state Rep. Bobby Cox, who resigned from the seat in August, was initially a member of the Freedom Caucus but then backed away.
Cox didn’t have a primary challenge in 2024.
“Bobby’s voting record amongst non Freedom Caucus Republicans wasn’t that bad,” Pace said.
Even though the district did not have a Freedom Caucus versus House GOP Caucus battle in the 2024 primary, the House district lies entirely within the 4th congressional district where the then-Freedom Caucus chairman, former state Rep. Adam Morgan challenged U.S. Rep. William Timmons in the GOP primary. Timmons prevailed in the primary, but Morgan received 54% of the votes in the District 21 precincts.
“I think there’s a misconception that the Freedom Caucus members are out hunting people to run against other members of the House,” Pace said. “I don’t think that’s a sound theory. I think that’s something (House Majority Leader) Davey Hiott and other people in the Republican caucus try to push. The reality is, most of these folks who decided to run against incumbents, are constituents who are unhappy with them.”
In District 98,where the special election is scheduled for Jan. 6, 2026, Pace is supporting David Johnston, a Charleston-area attorney who was sentenced to 21 days in jail and 90 days on house arrest for participating in the Jan. 6 Capitol riot.
“The guy walked through an open door when he was told to leave the building,” Pace said. “He shook hands with police officers and got absolutely railroaded by a crazy leftist judge who was doing all types of crazy stuff in D.C.”
Two others are vying for the Republican nomination in District 98: Greg Ford, who served in the Air Force, and Brian Hill, a business owner who has worked in the maritime industry.
The seat opened up because of the resignation of state Rep. Chris Murphy, R-Dorchester. In the 2024 primary, Murphy defeated a Freedom Caucus-aligned candidate.
The House GOP Caucus has not decided whether it will back candidates in the upcoming primaries, Newton said.
“We’re still looking at candidates. I do think we’ll support whoever is the right one who wants to go to work, pass conservative legislation and actually deliver results for their constituents,” Newton said.
However, Hill has received $1,000 from Murphy and $1,000 from Murphy’s law firm, according to filings with the state Ethics Commission.
“I think it’s hard when it doesn’t turn into that because the Freedom Caucus is going to have a candidate in every race and they do that, but I think the real way to summarize this is do you want your House member to care more about tweeting or do you want them to care more about governing,” Newton said.
Senate District 12 battle
Although the race to succeed state Sen. Roger Nutt isn’t in the House, it features a player that was an inspiration for Freedom Caucus members.
Former state Sen. Lee Bright again is running for his old seat. In 2024 he finished with the most votes in the primary, but didn’t receive a majority, forcing a runoff. Nutt defeated Bright with 51% of the vote.
Ahead of that runoff, the S.C. Senate GOP Caucus gave Nutt $5,000 to help with the two-week runoff and the caucus spent more than $125,000 on television advertisements, direct mail, digital messaging and text messages in support of Nutt.
Joining Bright in the GOP race are Hope Blackley, a former Spartanburg County Clerk of Court who ran in 2024 for the state Senate seat, and Justin Bradley, a former Spartanburg County Council member.
State Sen. Shane Massey told The State the caucus hasn’t decided if it will back a candidate in the special election primary, but lamented that Bright brought “chaos” to the chamber during his tenure.
“Sen. Bright’s former service concerns people of what his service would be like next time,” Massey said.
“You don’t have to agree with me on everything, but (he or she) has to be interested in governing and who wants to solve problems as opposed to creating them,” Massey added.
Bright already has support from Freedom Caucus members. State Rep. Sarita Edgerton, R-Spartanburg, has donated $250 to Bright’s campaign. He also has received praise from the Freedom Caucus’ chairman.
“Strategically, a lot of what Lee did in his first go around in the Senate is where we learned this stuff,” Pace said. “I grew up watching him learning a lot from him during his time in the Senate when he was in there. I think that’s why a lot of the Senate leadership is absolutely petrified that there’s a strong chance he might get back in there.”
Democratic hopefuls
The Democratic Party also has candidates running in two of the four special elections.
In the heavily Republican House District 88, retired Army Col. Joseph Chuck Hightower is the only Democrat seeking the seat. In District 98 three people are seeking the Democratic nomination: Damian Daly, Stephen Kohn and Sonja Ogletree Satani.
Having someone run in District 88 was particularly important for the party.
“It was important for us to show voters in District 88 and across the state they have a choice in this election,” said Nick Sottile, the executive director of the S.C. House Democratic Caucus. “Looking at the predecessor, obviously the criminal charges are heinous, but his style of politics have been very divisive. His role (in) the Freedom Caucus which has been to nothing but to introduce division and extremism, there’s a better way.”
The Lowcountry District 98 in Dorchester County seat might be a pickup opportunity for Democrats.
Murphy outperformed President Donald Trump in the district in the general election against a Democratic nominee.
Murphy carried nearly 57% of the vote in his district and won by nearly 14 points. Trump only received 52% of the vote in District 98 and defeated former Vice President Kamala Harris in the district by 6 points.
“These special elections give us an opportunity to show Democrats are fired up and we’re not going to cede any ground to Republicans,” Sottile said.
This story was originally published September 23, 2025 at 5:00 AM.
