A judge is scheduled to hear arguments later this month in the lawsuit challenging the results of the House District 28 Republican Primary. Dan Gasaway (R-Homer) lost the December 4 special election by two votes. It was a redo of an earlier primary in May which he successfully challenged in court.
The pending lawsuit alleges that the election boards in Habersham, Stephens, and Banks counties “wrongly accepted illegal votes, disenfranchised voters, and committed numerous irregularities in the Election.”
At least seventeen votes are in question.
“Because seventeen is more than the Election’s margin of victory of two, the Election’s result has been changed or placed in doubt,” the lawsuit states.
Gasaway is seeking a new election.
More misassigned voters?
Since filing the lawsuit on December 19, Gasaway says his legal team has uncovered even more instances where voters allegedly cast ballots in the wrong State House district.
Districting errors in Habersham County convinced the judge to throw out the May 22nd primary results and order a redo. That same judge will preside over this court challenge. Senior Judge David Sweat is set to hear oral arguments in the case on January 28 in Banks County Superior Court.
Erwin, meanwhile, is scheduled to be sworn-in as the new House District 28 State Representative on Monday, January 14. That’s the first day of the 2019 legislative session.
