Judge’s unsigned order creates confusion over House District 28 leadership
Chris Erwin remains in his job as House District 28 State Representative despite a judge’s ruling ordering a new election in the district.
After Judge David Sweat handed down his ruling on Feb. 4, the attorney for plaintiff Dan Gasaway said Erwin would have to vacate his seat immediately. However, Judge Sweat has not yet signed an official order and the freshman legislator remains in his seat at the State Capitol.
Sources at the Capitol tell Now Habersham Erwin may stay on as the House District 28 State Representative until the Clerk of the House of Representatives receives official notification from the judge that he is to be removed. The Clerk has not received official notification, according to our sources. At the present time, Erwin remains “a member in good standing.”
Appeal possible
Last week, Judge Sweat, a senior judge in the state’s 10th Superior Court District, voided the results of the Dec. 4, 2018 Republican special primary election because four illegal votes were cast in Habersham County.
Former House District 28 Rep. Dan Gasaway sued for a new election on the basis of illegal voting and voting irregularities. He named Erwin as a defendant in the case along with the election boards of Habersham, Banks, and Stephens counties.
Now Habersham is told attorneys representing the counties may appeal Judge Sweat’s ruling, potentially prolonging the length of time Erwin can serve. He was sworn into office at the start of the current legislative session which began January 14. It’s scheduled to end on March 28.
Gasaway’s legal team is currently preparing paperwork to clarify the judge’s ruling and set a date for a new election.
While Erwin has the right to appeal it does not appear he intends to. Shortly after the judge announced his decision, Erwin took to social media and said he is “looking forward to hitting the campaign trail again.”
