The Independent View: Botched GA House Election Must be Redone Yet Again

On Friday, Senior Superior Court Judge David Sweat Ordered a rare Second Do-Over Election for a Northeast Georgia House Seat in the 28th District, finding that Four Voters didn’t live in the District, throwing its Outcome into Doubt.

The New Election means that Voters will return to the Polls for a Third time to decide between Dan Gasaway (R) and Chris Erwin (R).

Erwin appeared to win the First Redo of the Election in December by just Two votes, but Senior Superior Court Judge David Sweat decided Friday that Four Voters had moved Out of the 28th House District more than 30 days before the Election.

Because the Election was so Close, the Judge found that Four votes were enough to Justify a 3rd Election.

“If you’re in an election, you should want to win it legally. We all should,” Gasaway said. “I don’t know that I’ll win, but if I win I want it to be a legal election, and if I lose I want it to be a legal election.”

Erwin, who took Office in January, must Step Down while the Outcome of the Race remains in doubt, said Gasaway’s Attorney, Jake Evans.

“We are certainly disappointed by today's court decision overturning fair election results, but we look forward to one more opportunity to run and win this race for a third time in a row,” Erwin said.

The first time the Candidates met in May’s Republican Primary Election, Erwin had a 67-vote Lead until Gasaway discovered that Mapping Mistakes incorrectly placed Dozens of Habersham County Voters in the Wrong House District. Sweat ordered a New Election in September.

Then in the repeat Republican Primary in December, Erwin Won with a Certified vote count was 3,521-3,519.

But Gasaway Sued Again, alleging that 21 Voters had Illegally Cast Ballots. The Judge found that Four of those Voters were Ineligible based on their Testimony during a Four-day Trial this week. “Getting a new election once is almost unheard of,” Evans said. “Getting a new election twice might have never been done. I’m proud of this legal win, and I’m very excited for Rep. Gasaway to have a fair shot.”

It’s unclear when the Next Election will be held. House District 28 covers about Half of Habersham County, Banks, and Stephens Counties. There’s No Democratic Party Candidate in the Race.

The Case has factored prominently into Criticism from Democrats over how Republican Gov. Brian Kemp oversaw Elections when he was Secretary of State.

As the Democratic Gubernatorial Candidate, Stacey Abrams often cited the Gasaway Case on the Campaign Trail as an example of how Problems with the State’s Elections Procedures can Cut across Party Lines.

And she featured a Republican Official, Habersham County Commissioner Natalie Crawford, in an Ad that will run during the Super Bowl. Kemp’s Office earlier blamed Habersham Officials for Putting Voters in the Wrong Districts.