HOMER — Banks County Commission Chairman Jimmy Hooper doesn’t mince words when he discusses Habersham County’s request for a new Georgia House District 28 election due to voting issues in Habersham.
“I am opposed to a new election for Banks County,” Hooper told AccessWDUN. “It is my personal opinion that our election in May was fair and no errors were made [here]. I think to call for a new election would disenfranchise many voters. If a citizen voted in May, but for some reason unable to vote in a special called election, that vote has been removed.”
Wednesday afternoon, Habersham County Commission Chairman Victor Anderson announced an investigation has determined the number of Habersham County voters who received a ballot containing the incorrect House district on May 22 is equal to or greater than the margin of victory in the House District 28 race.
In that election, incumbent Rep. Dan Gasaway of Banks County was defeated by challenger Chris Erwin, also of Banks County, by a 67-vote margin. The district includes parts of Banks, Habersham and Stephens counties.
Gasaway contested the election results in a lawsuit filed in Fulton County Superior Court against Secretary of State Brian Kemp, Habersham County Elections Supervisor Laurel Ellison, and House District 28 Republican Nominee Chris Erwin.
“Banks County is part of the 28th District, but not part of the lawsuit filed,” Banks County Elections Supervisor Andra Phagan wrote in a statement. “The judge in this case will have to order a new election. We are awaiting the court’s ruling on this issue.”
Banks County officials put the cost of the May Primary Election at $15,000 — a cost Hooper and Commissioner Danny Maxwell say the county’s taxpayers shouldn’t have to fund again because of a mistake made by another county in the district.
“If there’s another election called for, I don’t think it needs to be in Stephens and Banks,” Hooper told AccessWDUN. “I think it should be just in Habersham County.
“I feel like both candidates had the same opportunities in the May election, and the results are the results and we just need to move forward,” Hooper said. “I think it was a playing field that was the same for both candidates.
“As a politician, when you get beat you’re beat,” Hooper said.
Hooper said he wants people to have faith in their election system, but he stressed he doesn’t believe there is a way to hold another election that does not disenfranchise at least some voters.
“The most precious thing that a citizen in the United States of America has is the ability to vote in a free election,” Hooper told AccessWDUN. “I certainly want everybody that’s eligible to vote to have the opportunity to vote, but I also realize too that sometimes not everything is perfect.”
Initially, a motions hearing in Gasaway’s case was set for 1:30 p.m. Oct. 9. That hearing has been reset for 1 p.m. Sept. 12 in Atlanta.
Among the motions filed in the case is a request for change of venue to Banks County.
That also does not set well with Hooper.
“I do not support the change of venue to Banks County so that it will be heard by a judge from the Piedmont District,” Hooper told AccessWDUN. “It is a known fact that Banks County is trying and will continue to try to move out of the judicial district. I think there is more than a mere chance that any judge from the Piedmont District could hold bias against Banks County.”
Rather than Banks County, Hooper suggests the case should be moved to where the errors occurred.
“This case should be heard in Habersham County, where the errors in voting were committed,” Hooper said. “Rep. Gasaway has made it crystal clear by his words and actions he will not truly represent the citizens of Banks County.”
Should a judge order a new House District 28 election, Hooper said he is prepared for Banks County to take legal action.
“I’ve got some major concerns,” Hooper said. “I’ve been in touch with the county attorney. It might be that we might even go as far as to seek an injunction to keep the Banks County citizens from having to vote again.”
Maxwell said he agrees with Hooper’s statements, and doesn’t believe a new election is warranted in Banks and Stephens counties.
Because the hearing in the Gasaway case is in September, it is unclear when any new election — if ordered by the court — might be held.
