Judge rules for Lowcountry lawmaker ousted in primary in complaint over write-in campaign

A judge has ruled against the state Democratic Party after it tried to block a longtime state lawmaker from campaigning as a write-in candidate in Tuesday’s election after losing a primary vote in June.

The S.C. Democratic Party filed a legal complaint in October seeking a temporary restraining order and injunction to keep Rep. Bill Bowers from campaigning as a write-in to keep his seat. Party officials said Bowers broke a pledge to accept the results of the Democratic primary for House District 122 after he was unseated by Hampton County Councilman Shedron Williams in June.

The district represents parts of Beaufort, Jasper and Hampton counties.

Williams said Monday he is still dealing with “an illegal write-in candidacy,” while Bowers pointed to the judge’s decision as vindication he was only presenting voters their options.

State law prohibits candidates who lose a primary election from campaigning or offering themselves as write-in candidates in the general election.

Beaufort County Judge Carmen Mullen in declining to issue a restraining order ruled that state Democrats had not provided adequate evidence that Bowers had violated his pledge not to campaign.

In a statement, Bowers called the legal complaint “extreme unwarranted actions intended to misinform the voting public.” In his statement and again in a video posted to Facebook on Sunday, Bowers told voters they have the right to vote for whomever they want, including writing in Bowers.

“It’s plain as day what is being done is illegal,” Williams said Monday.

At issue was a recent letter from Bowers to constituents bemoaning the district’s loss of seniority in the Statehouse with the exit of Bowers, who first took office in 1997.

“Many folks have asked how the Jasper and Hampton position of leadership can be saved. Here’s the answer: a write-in vote,” Bowers wrote, according to a copy of the letter provided by Democratic Party committee member John Polk. “However, please note that law prohibits me from campaigning, so this note is of an informative nature only (not a solicitation) in response to the many questions.”

Bowers goes on to lay out what he sees as upcoming legislative priorities and his positions.

“Anyone with common sense” would view the mailer as soliciting write-in votes, Polk said last week.

Williams defeated Bowers with 52.5 percent of the primary vote June 12 to earn the Democratic nomination He is the only candidate on the ballot for Tuesday’s general election.

Williams said he was out canvassing for Democratic candidates Monday, including his own seat.

“The citizens spoke once (in June), and I think they’ll speak again,” he said. “...The way things are going, you would think a fellow Democrat would be willing to work together to move the district forward.”