Ernest Yarborough, the original petitioner in the claim against Fairfield County School Board Chairwoman Annie McDaniel, has filed an appeal with the Supreme Court of South Carolina.

Yarborough is challenging last week’s decision Judge Brooks Goldsmith that affirmed McDaniel’s claim that she is, and always has been, a resident of Fairfield County. Goldsmith’s order overturned a ruling in April by the Fairfield County Election Commission that McDaniel had, by signing an affidavit in 1990 claiming legal residency in Richland County, abandoned Fairfield County for voting and election purposes.

“Justice will not allow Ms. McDaniel to sign a sworn affidavit and reap the financial benefits from Richland County as a resident and then disclaim her residence in order to reap the benefit of political office in Fairfield County,” Yarborough said in a letter to The Herald Independent.

Yarborough said he will file a motion next week to expedite the proceedings.

“There are serious consequences to delaying this case,” Yarborough said.

The participation of Yarborough and his co-petitioner, Kadena Woodard, in the appeal hearing was limited to that of a witness. The case against McDaniel was presented by James Meggs, attorney for the Election Commission.

Yarborough voiced his objections to the proceedings at the time for the record.

“The judge was totally off the mark,” Yarborough said of Goldsmith’s ruling. “There’s no question that Annie McDaniel, at one point, lived in RIchland County. Under the law, you can challenge that at any time.”

But, Yarborough said, his case was not as much about where McDaniel lives, but where she claimed to live – and the affidavit she signed in 1990.

“There’s no way she can reconcile signing a sworn affidavit with residing in Fairfield County,” he said.

McDaniel said she had not yet received any notice of Yarborough’s appeal and therefore had no comment.

Woodard could not be reached for comment at press time.