Habersham County voter Michael Burrell testifies to alleged voting irregularities in the Dec. 4 House District 28 special election. A lawsuit contesting the results of that election is currently underway in Banks County Superior Court.
A second day of hearings is set to begin this morning in the election lawsuit filed by former House District 28 State Representative Dan Gasaway. Gasaway is asking the court for a new election after losing to challenger Chris Erwin by two votes in a special Republican primary in December.
Senior Judge David Sweat is presiding over the hearing in Banks County Superior Court.
Gasaway’s attorney, Jake Evans, told the court Monday they’re contesting 21 votes cast in December. If the court finds that two or more of those votes were, in fact, illegally cast then the judge could order a new election.
If that happens, it would be the second redo of a race that’s been mired in controversy from the outset.
Evans contends this case is about more than a single office: He says it’s about the rights of the voters in House District 28 and the integrity of the electoral process.
“This case is not about Dan Gasaway, it is not about Chris Erwin, it is not about House District 28,” he said in his opening statement. “It’s about upholding the democratic principles on which the greatest country on Earth was founded. Men gave their life for these principles, and it’s our obligation to uphold them.”
Erwin has already been sworn into office. His attorney, Bryan Tyson, argued his election was fair and should be binding. “The Superior Court says mere speculation is not enough to overturn an election,” he told the court in his opening statement.
In addition to Erwin, the lawsuit names as defendants the Boards of Elections in Habersham, Banks, and Stephens counties. “All of the defendants have done a deep dive and agree this was handled properly and the outcome (of the election) is not in doubt,” Tyson told the court.
He did concede one contested vote to the plaintiffs which he said “we can’t account for.” That vote belonged to Michael Burrell of Mt. Airy.
Burrell testified Monday that when he went to vote at the Habersham South Precinct during early voting on November 30 he wasn’t allowed. “I gave them my license and they told me I already voted.” When the poll worker showed him the sign-in sheet indicating he voted two days earlier on November 28 Burrell told them, ‘That’s not my signature’.”
Burrell was eventually allowed to vote. As a result, the lawsuit claims two votes were cast under the same name.
Burrell was among several voters who testified Monday in the day-long hearing. Another, Sandra Denton, told the court of her concerns that her vote wasn’t counted.
The lawsuit alleges the voting machine ejected Denton’s voting card before she cast her ballot. When she questioned a poll worker about it, the poll worker told her the vote was cast and counted.
“When I vote I want to know that it counts,” Denton told the court. She said she was not offered a provisional ballot.
Three others voters, Patricia Bower, Carrie Akers, and Connie Franklin were subpoenaed by Gasaway’s lawyers to testify as to their place of residence. Gasaway’s attorneys contend all three moved out of the district prior to the election and should not have been eligible to vote in the House District 28 special election.
More witnesses are expected to be called during today’s hearing, including Banks County Sheriff Carlton Speed who, the lawsuit alleges, also voted out of district. Speed vehemently denies the claim.
