Case: Whatley, II v. Charleston County Board of Elections
2:23-cv-00833 | U.S. District Court for the District of South Carolina
Filed Date: March 1, 2023
Closed Date: Nov. 21, 2024
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Case Summary
This case is about a pro se resident and registered voter in Charleston, South Carolina asserting generalized grievances relating to notification to voters of election results and ballot verification, various issues relating to voting machines, and inadequate disability services provided to voters.
On March 1, 2023, the pro se plaintiff commenced this action in the District Court of South Carolina against the Charleston County Board of Elections, the South Carolina Election Commission, and the South Carolina Ethics Committee as a federal question under 52 U.S.C § 20971 and 52 U.S.C. § 20106. The plaintiff sought proof from the National Institute of Standards and Technology accreditation for the voting machines used by state and local authorities, compensation for the failure to notify the plaintiff about election results, removing the plaintiff from the ballot, and inaction by state authorities, among other things.
On May 30, 2024, United States Magistrate Judge Mary Gordon Baker issued a report and recommendation stating that when the Court reviewed plaintiff’s initial allegations, the Court issued an order that notified the plaintiff that his claims were subject to summary dismissal for lack of subject matter jurisdiction and standing to bring suit. Plaintiff did not file an amended pleading, but instead submitted a supplemental letter to address shortcomings discussed in the order and other exhibits and the Court considered these piecemeal items as part of plaintiff’s complaint. On review, the Court reasoned that plaintiff’s claims remained subject to dismissal for lack of subject matter jurisdiction and standing to bring suit because plaintiff’s complaint listed statutes that involved the administration of federal elections. The Court reasoned that it could not pinpoint the injury that plaintiff complained of and if he did or did not have standing to bring suit. As such, there was a recommendation that the action be summarily dismissed.
On June 13, 2024, United States District Judge Richard Gergel issued an order and opinion that adopted Magistrate Judge Baker’s report and recommendation. The Court undertook de novo review of the report and recommendation because plaintiff filed objections to the report and recommendation. The Court determined that the plaintiff’s complaint failed to state a claim upon which relief could be granted and the Court correctly determined that the plaintiff lacked standing to bring claims. The Court overruled plaintiff’s objections for the above reasons and that the plaintiff’s supplemental materials submitted did not address the legal deficiencies with plaintiff’s original complaint. The Court adopted the report and recommendation and dismissed the action.
On June 14, 2024, the Court issued a judgment and dismissed the case.
On June 28, 2024, the plaintiff filed a notice of appeal to inform the parties that plaintiff filed an appeal in the United States Court of Appeals for the Fourth Circuit (docket no. 24-1596).
On November 21, 2024, the United States Court of Appeals for the Fourth Circuit issued an order stating that the Court had reviewed the record of the District Court and found no reversible error and, as such, the decision of the District Court was affirmed.
On November 21, 2024, the United States Court of Appeals for the Fourth Circuit filed a mandate that confirmed the judgment of the court. The case is now closed.
Summary Authors
LFAA (4/5/2025)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66921894/parties/whatley-ii-v-charleston-county-board-of-elections/
Gergel, Richard Mark (South Carolina)
Whatley, Samuel T. (South Carolina)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/66921894/whatley-ii-v-charleston-county-board-of-elections/
Last updated March 23, 2026, 4:24 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 1, 2023
Closing Date: Nov. 21, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff Samuel T. Whatley, II is a resident and registered voter in Charleston, South Carolina.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County
Charleston County Board of Elections
State
South Carolina Election Commission
South Carolina Ethics Commission
Case Details
Other Dockets:
District of South Carolina 2:23-cv-00833
U.S. Court of Appeals for the Fourth Circuit 24-01596
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of Whatley, II v. Charleston County Board of Elections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45544/ (last updated 4/5/2025).