Former state Rep. Dan Gasaway will have to foot the bulk of the bill for twice overturning a state Republican primary over improper voting, a Superior Court judge ruled Monday.
Senior Judge David Sweat rejected a request by Gasaway attorney Jake Evans to reimburse Gasaway for more than $100,000 in legal fees, according to The Daily Report. The fees were connected to the former state representative’s second successful legal challenge of his 2018 Republican primary race against Chris Erwin.
Gasaway did not seek fees after his first successful challenge of the contest in a trial last year.
Evans argued the court should award Gasaway attorneys’ fees for the second trial because the defense was frivolous. “The Respondents knew they would not win this case. They defended this case to weaponize the judicial system, by bleeding Mr. Gasaway financially and to politically paint him as the bully, when in reality it was Mr. Erwin who, not once, but twice, refused to do the right thing by conceding and forced this case to go forward to trial twice.”
Erwin’s attorney, Bryan Tyson, successfully countered that argument. Tyson said the judge held at the end of the hearing that Erwin’s defense “was based on a reasonable interpretation of the statute that the court could have agreed with.” That finding, he said, “forecloses fees”.
Tyson called Gasaway’s attempts to recoup legal fees “sour grapes”. Erwin and Gasaway’s opponents used that refrain frequently throughout the House District 28 legal ordeal.
Judge awards some costs
Sweat did order Erwin and the county election boards in Habersham, Banks, and Stephens to reimburse Gasaway for costs other than legal fees he spent litigating the second case. Evans says those costs should be somewhere between $1,000-$2,000.
“I am thankful Judge Sweat properly awarded Mr. Gasaway costs, partly making him whole,” Evans tells Now Habersham. “It has been a journey and blessing litigating this case, which will be a memorable one for me that I believe led to positive change.”
Gasaway’s first legal challenge to the May 22, 2018, GOP primary resulted in the discovery and correction of hundreds of House districting errors in Habersham County. The second lawsuit uncovered evidence of illegal voting in Habersham.
Despite the fact he won twice in court, Gasaway lost at the ballot box. Erwin soundly defeated him the third time voters went to the polls.
While opponents and some media berated him for suing, Gasaway says he did it to defend fair and honest elections.
“This ruling brings to an end what has been a very difficult 15 months for me and my family. I believe our democracy is worth fighting for…many have sacrificed their lives for this very institution.” He adds, “Public corruption is not a victim-less crime, we are all the victims.”
While the litigation may be over, the investigation into voting irregularities in Habersham County is not. The Secretary of State’s office opened two investigations into issues surrounding the House District 28 Republican primaries. Georgia election director Chris Harvey previously said the results of those investigations will be made public once they’re complete.
