HOMER – A court ruling Friday means voters in Georgia House District 28 will have to go to the polls a third time if they want a voice in who will represent them in the state legislature.
Senior Superior Court Judge David Sweat ruled in favor of plaintiff Dan Gasaway that enough improper votes were proven during this week’s court case to require him to throw out the Dec. 4 House District 28 Special Election, a re-do of the previous HD 28 election, and call for yet another new election.
Gasaway, who formerly held the HD 28 seat until defeated by challenger Chris Erwin in May and then in a new election in December 2018, filed a legal challenge of the second election – a “re-do” of the first ordered by Sweat in the first Gasaway lawsuit.
In Gasaway’s second case heard this week, Gasaway challenged the qualifications of 21 voters, though after reviewing evidence Sweat only upheld challenges to voters Michael Burrell, Carrie Akers, Patricia Bowers and Constance Franklin.
“In sum, the Court is persuaded by the plaintiff that voters Burrell, Akers, Bower and Franklin were allowed to vote when they lacked the proper qualifications to vote in the district or county in which they voted,” Sweat announced about 5:15 p.m. “The Court is persuaded that there are a sufficient number of votes that were illegal such as to cast doubt on the outcome of the election, so the court is compelled to find that it must order a third election.”
Sweat went on to explain his rationale for following the mandate for a new election.
“In sum total, the evidence has shown that there were at least four voters who were improperly permitted to vote in this election,” Sweat said. “The Court understands that the margin of difference between candidates was two votes.”
Sweat found, however, that Sheriff Carlton Speed and two members of his family, as well as Jack and Peggy Stewart, were “were properly allowed to vote.”
Gasaway maintained during the case and even after the ruling that Speed’s home is located in Franklin County, which is not part of House District 28.
House District 28 consists of Banks County, Stephens County and a portion of Habersham County.
Gasaway said the case calls attention to issues with election administration that place the integrity of elections in jeopardy.
