Board concedes errors were made in May 22nd GOP Primary
After three months of legal wrangling, the Habersham County Board of Commissioners is withdrawing its opposition to a lawsuit seeking a new election in State House District 28. The suit, filed by Dist. 28 Rep. Dan Gasaway, alleges the county board of elections made mistakes that could have impacted the results of the district’s May 22nd GOP primary.
Commission Chair Victor Anderson issued a press release Wednesday saying the board has directed the county attorney to withdraw the county’s motion to dismiss the lawsuit.
“We concede that errors were made,” the release states.
Gasaway lost the primary to challenger Chris Erwin by 67 votes. A detailed computer analysis conducted by Gasaway’s camp revealed more than that number of voters cast ballots in the wrong election.
Rep. Gasaway contested the election and the State Board of Elections launched an investigation.
“Initially, it appeared that the number of votes impacted was less than the margin in this extremely close election,” Anderson says. “Upon further investigation by the Habersham County Board of Commissioners and Habersham County Elections Department, we have discovered that a number of voters – in excess of the certified 67 vote differential – had in fact voted in the wrong district.”
He continues, “With this information, Habersham County is calling for a new election for this seat and hope that Banks and Stephens Counties (both of which are also in District 28) will support this request.”
Prior to releasing his statement, Anderson says the county filed several motions in Fulton County Superior Court requesting that Secretary of State Brian Kemp – who is running for governor – be removed as a defendant in the case. The county’s attorney also asked for a change of venue, from Fulton to Banks County Superior Court.
Anderson says it will now be up to a judge to decide whether to vacate the results of the H.D. 28 GOP primary and call for a new election.
Candidates react
“I applaud the Habersham County Board of Commissioners in doing the right thing by conceding to a new election,” Gasaway says. “We anticipate Banks and Stephens Counties following in this concession. We are hopeful that Chris Erwin will place the integrity and fairness of our electoral system and the right of H.D. 28 voters to select their state representative above his personal interests by likewise consenting to a new election.”
Erwin is listed as a defendant in the lawsuit. He joined the State Attorney General, Secretary of State, and Habersham County in their efforts to get the case dismissed. Earlier this month, Erwin told Now Habersham he thought a special election was “unlikely.”
Now that it appears things may be moving in that direction, he remains confident but defiant.
“By filing his lawsuit, Dan Gasaway has already caused a significant expenditure of taxpayer dollars, Erwin says in a statement to Now Habersham. “A new election will cost even more to reach the same result. Despite months of investigation, Dan has not shown that the outcome of the election would have changed, because there’s no doubt that a number of the people he claims voted improperly would have voted for me.”
Erwin adds, “And even if I agreed to hold a new election, that’s not enough — a judge has to order a new election only after finding the case was properly brought and the evidence supports it. We will await the court’s ruling on the issues in the lawsuit Dan filed.”
Gasaway says he’d like to see a special election on the November ballot.
If a special election is held, Anderson says he wants voters to be assured that their votes count.
“We owe the voters of Habersham County the assurance that their right to vote is not being compromised. Habersham County Elections Supervisor Laurel Ellison has advised both the Board of Commissioners and the Secretary of State that proper corrections have been made for future elections.”
Asked whether the commission plans to make any changes in the county elections office as a result of the house districting issue, Anderson says commissioners will not make a determination about that until after they review the results of the State Board of Elections investigation.
“We’re waiting on them to finish that process so we can review the results and insure that the voters in Habersham are treated fairly and properly.
This article has been updated to include comments from Habersham County Commission Chair Victor Anderson and Chris Erwin
