(Georgia Recorder) — A judge ruled Monday against Republican state House candidate Tracy Wheeler’s bid to overturn her narrow Nov. 5 election loss to incumbent Democratic Rep. Mack Jackson.
Tifton Judicial circuit Senior Superior Court Judge Gary McCorvey ruled Monday that Wheeler failed to prove that there were enough votes or other systemic irregularities in the east Georgia district race to warrant a new election following the Nov. 5 election. McCorvey ruled that there was evidence of 14 improper votes cast in the House District 128 race, however there was not enough proof of other ineligible votes being cast in the district.
In order to overturn this election, the court would have to “presume” that at least 34 of the 44 “outsiders” actually voted in the contest, McCorvey wrote.
“Such presumptions are not allowed, and mere speculation as to how many, if any, of these ‘outsiders’ actually voted in this race’ cannot be used to place in doubt the result of this election,” McCorvey wrote. ”Succinctly stated, voters being provided with an opportunity to vote in the wrong district does not equate to proof by a preponderance of evidence that such voters actually tainted the election by voting in the election at issue.”
Following the Nov. 5 election, Wheeler filed the lawsuit seeking to invalidate the election because of irregularities due to several dozen voters casting incorrect ballots in the incorrect district for a race that Jackson won by 48 votes.
The legislative seat represents portions of Baldwin and McDuffie counties and the entirety of Hancock, Warren, Glascock and Washington counties.
Wheeler said in a statement Monday that she was grateful for the nearly 14,000 voters who supported her during the election.
“Since Nov. 6th, we have been involved in litigation to better understand the results, as there appeared to have been mistakes in how the election was administered,” she said in a statement. “I firmly believe that all of our local election workers and volunteers acted in good faith and always aim to produce fair and accurate results. With that said, errors can happen.
“Today we learned that the judge examining this case decided the election results of November 5th should stand,” Wheeler said. “ I appreciate the time he dedicated to his decision.”
The closely contested election went in the favor of House Democrats, who were unable to flip a string of seats in the northern Atlanta suburbs that were seen as the most competitive this year, leaving the GOP firmly in control of the chamber. Several House incumbents found themselves fighting for another term after last year’s court-ordered redistricting do-over left them in a precarious spot.
Georgia Republicans have a 100-80 majority in the House after Democrats flipped two seats during the election. Democrats were unable to flip any seats in the state Senate, leaving the GOP’s 33-23 edge there intact.
