A judge has ordered another redo of the May 22, 2018 House District 28 Republican Primary.
Senior Judge David Sweat on Friday ruled that four illegal votes were cast in Habersham County during the Dec. 4 Special Primary Election between Dan Gasaway and Chris Erwin. Since the number of illegal votes exceeded Erwin’s two-vote margin of victory, the judge vacated the election results and ordered a new election.
Gasaway says he’s pleased with the ruling.
“We had a good case. The judge certainly worked very diligently to develop his understanding of the witnesses we brought forward. And I really think he was very strenuous and rigorous in his analysis of who we brought forward as illegal and disenfranchised voters,” he said. “At the end of the day we got what we came here for which was a new election.”
Erwin has the right to appeal the judge’s decision but there are indications he won’t. After court adjourned on Friday, the former Banks County School Superintendent reached out to his supporters through social media. He told them that, although he’s disappointed with the judge’s decision, “I am looking forward to hitting the campaign trail again.”
Third time’s the charm (?)
This will be the third time Erwin and Gasaway have faced off at the polls since May 22, 2018. That’s when they first appeared on the ballot together in the regular Republican primary. Erwin won that contest by 67 votes. Gasaway contested the results and, as a result, Habersham County discovered hundreds of voters were assigned to the wrong state house districts.
Habersham County Election Supervisor Laurel Ellison re-assigned the misplaced voters. Voter assignments were verified by the Legislative & Congressional Reapportionment Office of the Georgia General Assembly before the Dec. 4 Special Primary Election was held.
This time around, it was a different set of circumstances that threw the election into doubt.
Gasaway’s attorney presented evidence in court that showed three people who were allowed to vote in Habersham County were actually ineligible because they moved out of the county or district more than thirty days prior to the election. The fourth voter, it appears, voted twice.
Ellison took the stand Thursday and testified the three out of county/district voters were given ballots because their addresses weren’t updated on their voter registration cards.
“We don’t go looking for this information unless someone challenges (it),” she testified. “I believe most voters do not know the rules. They do not realize that they need to get that done and that’s why the State protects them by letting them vote in their previous precinct.”
By state law, voters who move within 30 days of an election are eligible to vote in their old precinct, after 30 days they become ineligible. It is up to the voter to update their address in writing. However, Judge Sweat questioned whether local election officials should do more to insure proper addresses are filed.
In each of the three instances in this case, the voters had lived out of the county or district for more than a year before they voted in the Dec. 4 election.
Sheriff Speed’s Banks County residency upheld
In handing down his ruling, Judge Sweat upheld 17 other votes that Gasaway contested. Sweat said the plaintiffs failed to meet their burden of proof in showing that those votes were illegal or impacted by voting irregularities.
Banks County Sheriff Carlton Speed was among those voters. Gasaway’s lawsuit claimed Speed should never have been allowed to vote in the Dec. 4 special election because his house, Gasaway claimed, is in Franklin County.
Speed took the stand in court on Friday. He testified under questioning from his attorney Kenneth Stroud that his property is split between Banks and Franklin counties but that his home is located on the Banks County side.
“We were going to build it in one spot,” he told the court. “We wanted our children to attend school in Banks County therefore we moved it down the hill and built it where he (the surveyor) said was inside of Banks County.” In addition to holding public office, Speed pays taxes in Banks County. He testified his voter registration card shows he’s in House District 28.
Judge Sweat sided with Speed.
“We feel completely vindicated. We’re ecstatic with Judge Sweat’s ruling today that my home was in Banks County which we had, all along, contended that it was,” the Sheriff said after the hearing. “This is the second time that it’s been contested. It was found to be within the bounds of Banks County in 2012.”
While he was pleased with the court’s finding on the issue of his residency, Sheriff Speed was not happy the judge ordered a new election. He chalked up Gasaway’s legal challenge to “sour grapes.”
“I feel it’s unfortunate for the citizens of the 28th district that this is the third time that they’ve had to go through an election. The people of the 28th district are not being represented at this time and I feel as though we should be represented. Unfortunately, people who have a hard time losing continue to fight this battle.”
Back on the campaign trail
Erwin, who was sworn-in as District 28 State Representative at the start of the current legislative session, left the courtroom Friday without speaking to reporters.
Officials say state statue requires the House District 28 seat to be vacated as a result of the ruling. Gasaway’s attorney, Jake Evans, says he’ll begin filing the paperwork for a new election. No timeframe has been set for when that election will be held. It’s expected that it will take place sometime within the next several months.
