Political career
South Carolina House of Representatives
May ran for the South Carolina House of Representatives in 2020 in the 88th district, where incumbent Republican McLain Toole was retiring. [5] He placed second in the Republican primary election with 24.5% of the vote, then defeated Michael Sturkie in the runoff election with 53.2% of the vote. [6] He was elected unopposed in the general election. [4]
In 2021 May was elected as the Vice Chairman of the South Carolina Freedom Caucus. [7] He also served on the House Agriculture, Natural Resources & Environmental Affairs Committee, and on its Environmental Affairs subcommittee. [8]
May told the House in January 2024 regarding transgender issues and children: "We as legislators have an obligation to insure that our children have no harm done to them". [9]
2024 House race
May faced a write-in candidate, Republican Brian Duncan, in his SC House race. [10] [11] He was re-elected with 68% of the vote. [12] [13] [14] On Tuesday, December 3, 2024, May was sworn in and took his seat in the State House. [15]
Legal issues
Indictment and arrest
On June 10, 2025, May was indicted by a federal grand jury on 10 counts of federal child sex abuse charges. [20] [21] [22] Then on June 11, 2025, May was arrested and booked into Lexington County Detention Center. [23] [24] Jordan Pace, Chair of the South Carolina Freedom Caucus, issued a statement calling for May's immediate resignation. [25]
On June 12, 2025, May was suspended without pay from the South Carolina House of Representatives as required by state law, pending the case’s outcome, according to a document from House Speaker Murrell Smith’s office. [26] [27] An arraignment was held before United States Magistrate Judge Shiva V. Hodges, during which evidence was presented by a representative of the Department of Homeland Security, and bond for May was denied. [28] [29] May pled not guilty and is detained without bail. [30] [31]
On June 13, 2025, the South Carolina House Republican Caucus issued a statement from House Majority Leader Davey Hiott noting that Hiott had filed a complaint with the House Ethics Committee to further investigate May, a procedure which starts the process of expulsion from the House of Representatives. The letter further noted that May was not a member of the SC House Republican Caucus, but was instead a creator and member of the 'fringe' South Carolina Freedom Caucus. [32] [33] Drew McKissick, Chair of the South Carolina Republican Party, released a statement demanding that May resign his seat in the House of Representatives. [34] The Attorney General of South Carolina Alan Wilson also released a statement affirming that the investigation of May was conducted by federal partners who are members of the South Carolina Internet Crimes Against Children Task Force. [35] Governor Henry McMaster called the charges 'horrific'. Commenting on whether May should resign his seat, the governor remarked “that question’s going to be answered for him” if the House of Representatives passes an expulsion by a two-thirds vote. [36]
On July 9, 2025, Brian Duncan, who in 2024 had organized an unsuccessful write-in campaign for the District 88 seat, called on May to resign so that a special election could be held to fill the seat. [37]
Court proceedings
On June 24, 2025, May appeared before a federal judge without legal counsel. He requested and was assigned a court appointed public defender. [38] May presented a financial affidavit stating that he had no assets in his name other than his truck. [39] Assistant Federal Public Defender Jenny Smith was appointed to represent May, taking over from Columbia attorney Dayne Phillips. The federal case was assigned to U.S. District Court Judge Cameron McGowan Currie. May is held at Edgefield County Detention Center. [40]
Request for delay
On August 11, 2025, Smith submitted a request to the Court to delay proceedings to give her time to review discovery, investigate, review findings with the defendant, and give all parties time to possibly negotiate a resolution. [41]
Jury selection was previously set for September 10, 2025, but on August 20th the schedule was reset by federal judge Currie for October 8 2025, with opening arguments on October 9th. Smith plans to challenge the search warrant used to seize electronics from May's home in August 2024. [42]
May opted to represent self
On September 4, 2025, May was granted permission at a status hearing in federal court to represent himself, rather than rely on the services of a public defender. Self representation requires May to complete pretrial filings from his jail cell. May's request for hybrid counsel, allowed to sit at the table with him, was denied in favor of standby counsel, who sit behind him for trial proceedings. [43]
May's public defenders, Jenny Smith and Jeremy Thompson, will serve in the limited standby role. Assistant US Attorney Scott Matthews noted that there are seven total warrants, one of which May is moving to suppress, causing him to seek self representation. [44] Matthews, Assistant U.S. Attorney Dean Secor and Austin M. Berry, an attorney with the Child Exploitation and Obscenity Section of the United States Department of Justice Criminal Division are prosecutors in the case. [45]
Motion to suppress
On September 10, 2025, May filed a motion to suppress evidence against him. [46] [47]
House Ethics Committee proceedings
On July 1, 2025, the South Carolina House Ethics Committee voted to open an Ethics investigation into item C2025-001: "potential misuse of office and alleged conduct unbecoming of a member". House rules do not allow the identity of the member to be revealed during the investigation. [48] House Ethics Chairman Jay Jordan retained outside attorneys to avoid conflict of interest, [49] and hoped the investigation would be completed this year. [50] The Committee met for an hour, with some time spent in executive session. [51] [52] [53] Members of the 2025 House Ethics Committee: J. David Weeks Vice-Chairman, Paula Rawl Calhoon, Neal A. Collins, Val Guest, Beth E. Bernstein Secretary, John Richard C. King, Robert D. Robbins. J. Todd Rutherford and Leonidas E. “Leon” Stavrinakis. [54]
On August 20, 2025, a meeting of the House Ethics Committee with item C2025-001 on the agenda was set for August 26th. [55] [56] [57]
Resignation
On August 11, 2025, May issued a statement confirming his resignation from the District 88 seat. The Speaker of the House confirmed May's resignation and released a copy of his statement to the press. The resignation came after an Oklahoma man was indicted with allegations that he had exchanged child sex abuse materials with May. [58] [59] [60]
Special election
Special election dates for the District 88 seat were set for filing: opens August 29 and ends September 6th; primaries on October 21, and special election held on December 23, 2025. [61]
Republican Brian Duncan announced his run for the special election seat. [62] Others who filed along with Duncan: Lorelei Graye (Republican), Chuck Hightower (Democratic),John Lastinger (Republican) and Darren Rogers Sr. (Republican). [63]
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