SC Senate candidate Kleckley says GOP incumbent Garrett should be off ballot. Here’s why
State Senate District 10 candidate Francie Kleckley says state Sen. Billy Garrett, R-McCormick, does not live in the district and should not be on November's ballot.
In a lawsuit filed late Sunday evening in Lexington County, Kleckley says Garrett's true residence is in McCormick County outside the district after the 2021 redistricting process.
The suit names Garrett and the state election commission as defendants. Garrett, nor his campaign, immediately returned phone calls Monday morning for comment. The election commission declined to comment.
Garrett's McCormick County address, which is still listed on his state Senate biography page , is now in state Senate District 25, represented by Senate Majority Leader Shane Massey.
Instead of running in Massey' district, Garrett chose to run in District 10, which he represents and was drawn to be a heavily Republican district, according to Dave's Redistricting .
The lawsuit, written by Kleckley's attorney Kathleen McDaniel, claims when Kleckley meets with District 10 constituents they question whether Garrett lives in the district. The lawsuit also says Garrett has been absent from Greenwood, Lexington and Saluda counties during Hurricane Helene relief efforts.
"It's clear Billy Garrett's residency claim is a sham," Kleckley said in a statement to The State. "The people of District 10 deserve a senator who won't lie about something as fundamental as where they live."
Garrett last year purchased a house with his daughter in Lexington County. His voter registration is now the Lexington County address and is in the newly draw Senate District 10. The district also includes parts of Greenwood and Saluda counties.
Garrett in an interview in March said he bought the Lexington County house because it is closer to Columbia and more convenient during the legislative session. It also is convenient for his daughter, whose husband works in Charleston.
Under state law , "a person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile."
Determining someone's intention is a high hurdle to clear when objecting to candidate's residency.
In the suit, Kleckley also says Garrett takes the 4% special property tax assessment for his house in McCormick County.
According to Department of Revenue brochure attached to the lawsuit, a person's legal residence, which qualifies for the 4% property tax assessment, is the person's permanent home occupied by the dweller.
"It is the home where a person intends to remain permanently for an indefinite time," the brochure says.
On Garrett's candidacy form, filed in March, he also lists his law office for his contact address, which is a roughly 40-minute drive from his McCormick address and a roughly one-hour and-20-minute drive from the Lexington address.
"While it is possible that Billy Garrett might stay at the Lexington house on occasion when the General Assembly is session, it strains credulity that Billy Garrett would move his legal residence to a location more than twice as far from his business office than his McCormick home," the lawsuit says.
