Election Commission Dismisses Hudson's Protest Over County Council 3 Winner

Lexington County Council District 3 candidate Darrell Hudson, who came in second in the race, is taking his protest against Republican winner Kent Collins to the State Election Commission — or possibly to the S.C. Supreme Court. 

Hudson claims that after the election was over, he discovered information that Collins did not properly disclose his personal financial information.

Hudson filed a protest with the Lexington Election Commission Nov. 9, but the commission dismissed the protest Monday at a hearing, saying that it did not have authority to rule on the issue.

"Our purview is to address any irregularities at the precincts on election day," commissioner Eugene Wilbur said. "As far as we were concerned as an election commission, everyone on the ballot was certified by their parties." 

But Hudson says that the Republican Party should not have certified Collins to be on the primary ballot because he did not properly file his Statement of Economic Interest and Statement of Intent for Candidacy forms.

State election law requires candidates to file a Statement of Economic Interest at the same time as their Statement of Intent for Candidacy in person at their county election commission. They are also required to file the forms online. 

More than a dozen candidates — including Hudson — were kicked off the primary ballot in Lexington County for not properly filing their forms after two Supreme Court rulings on the issue. They were forced to run as petition candidates to get their names on the November ballot. 

Collins was the only County Council 3 candidate who was not kicked off the June primary ballot.  

"I filed my paperwork pursuant to statute," Collins said. "I was certified by the Republican Party as being a proper candidate. This was accepted by the election commission. The results of the election have been certified, and I was named the winner."

Hudson's attorney, David E. Taylor, says they'll appeal to the S.C. Election Commission, but that the S.C. Supreme Court could take original jurisdiction and hear the matter because they already ruled twice on the issue. 

"We're going to file with each entitiy to preserve our rights," Taylor said. "We'll take it up as high as we need to."