Georgia Secretary of State Brad Raffensperger opened an investigation Thursday into accusations of voter fraud in House District 28.
The announcement comes nearly one week after a judge threw out the results of the district’s Dec. 4 Republican special primary election.
Superior Court Judge David Sweat overturned the election after determining four people voted illegally in Habersham County. Three of them voted despite moving out of the district or county more than 30 days before the election.
“…my office will exhaust every avenue to investigate instances of abuse and prevent further injustice.” – GA Secretary of State Brad Raffensperger
The Secretary of State’s Investigations Division is looking into potential instances of voter fraud, according to a press release from the Secretary of State’s Office.
“Eliminating voter fraud is essential to strengthening the integrity of Georgia’s elections, which is why I am committed to fighting against crimes that undermine our most fundamental instructions and sow doubt in our communities,” says Raffensperger. “Voter fraud has no place in Georgia’s elections, and my office will exhaust every avenue to investigate instances of abuse and prevent further injustice.”
Another election looming
Voters in House District 28 will return to the polls to vote for a third time in the race between former Rep. Dan Gasaway and sitting Rep. Chris Erwin.
The two first faced off in the May 22, 2018 GOP primary. Judge Sweat threw out Erwin’s win in that primary after Habersham County admitted hundreds of voters were assigned to the wrong state House districts.
Sweat ordered a primary redo on Dec. 4. Erwin appeared to win that election by two votes. He was sworn into office at the beginning of the current legislative session on January 14, 2019.
Gasaway contested the election and filed a lawsuit. Based on evidence presented in court, Judge Sweat determined four illegal votes were cast. Since the number of illegal votes exceeds the margin of victory, he overturned the election.
New election date set
In his signed court order dated Feb. 8, Judge Sweat said Rep. Erwin was to vacate the House District 28 seat effective “immediately.” State officials previously said Erwin would be allowed to serve until the clerk received official notice from the judge. Now Habersham reached out to the Clerk of the House of Representatives to see if that has happened. The clerk’s office has not responded.
Judge Sweat also set April 9 as the new date for a primary redo. There are no other candidates in the race.
As the candidates gear up for another election, state investigators are ramping up their investigation into the bitterly divisive race.
“Preventing electoral fraud is central to the mission of the Secretary of State’s office, and our investigators will continue their important work in guaranteeing free and fair elections for all of Georgia’s communities,” says Deputy Secretary of State Jordan Fuchs. “We look forward to a conclusive result for the voters of House District 28 and will assist in providing support to local elections officials as required.”
This article has been updated to include information from Judge David Sweat’s signed court order issued Feb. 8, 2019.
