Editor’s note: This story has been updated to clarify David’s license plate was issued on Feb. 1. We apologize for the error.

ATLANTIC BEACH, S.C. (WBTW) — An Atlantic Beach special election candidate has appealed the town’s decision to deny his election protest over the winning candidate’s residency.

The appeal was filed Thursday in the Horry County Common Pleas Court by Michael Isom, who finished the race behind John David.

“The [town] erred in finding that John David was a resident of the Town of Atlantic Beach, when there was evidence presented during the hearing indicating that the property served as John David’s vacation rental property and John David has declared his legal residence to be in the state of Maryland,” the appeal reads.

Isom is asking a judge to declare him the winner; remand the case to the Town of Atlantic Beach Municipal Election Commission for a new hearing; or order a new election.

It’s unknown when a judge will hear the appeal.

Isom contends that David didn’t have a South Carolina driver’s license or license plate at the time he registered to be a candidate in the special election.

David’s South Carolina license plate was issued Feb. 1. County tax records also show David paid his vehicle property tax on Feb. 1. David said he received his driver’s license in November.

County land records confirm David bought property near the oceanfront in 2020 and built an 8-bedroom rental that sleeps 23 people.

“There’s nothing against renting your house, which I do rent, and I will rent,” David said at the Feb. 2 certification. “I’m a legal resident here. I vote here. All my documents are here. I pay bills here. I pay taxes here.”

The special election was held to fill the seat of the late James DeWitt, who was allegedly killed by his son in Richland County. The son, Matthew Allen DeWitt, is also a suspect in the deaths of two other people, including a woman in the Conway area.

📲 Download the News13 app to stay updated on the go.
📧 Sign up for WBTW email alerts to have breaking news sent to your inbox.
💻 Find today’s top stories on WBTW.com for the Grand Strand and Pee Dee.

* * *

Kevin Accettulla is the digital executive producer at News13. Kevin is from Pittsburgh, Pennsylvania. He joined the News13 team in March 2020 after nearly two years at a sister station in Pennsylvania. Follow Kevin on Twitter and read more of his work here.