Arguments in Gasaway’s suit will be heard next month

State Representative Dan Gasaway recently filed a lawsuit regarding the results of the District 28 race in Habersham County, and on Sept. 12, a Fulton County Superior Court judge will hear arguments from the suit.

In the suit, Gasaway requests the court discard the May 22 general primary election results, and to order a new election.

Gasaway has named three defendants in the suit, including Georgia Secretary of State and gubernatorial nominee Brian Kemp, Habersham County Board of Elections Supervisor Laurel Ellison and his District 28 rival, Chris Erwin.

All three are asking the judge to dismiss the case.

Following the May 22 general primary election, Gasaway lost to Erwin, a result of what he claims to be due to misappropriated votes in Habersham County.

District wide, Erwin won over Gasaway by just 67 votes, taking Banks and Habersham counties but losing to Gasaway here in Stephens County.

And, on June 15, a letter was sent out by Ellison telling some voters, “You are receiving this letter because your address was found to have been placed in the wrong district due to a past voting precinct redistricting issue.”

Habersham County is divided between State House District 10 and State House District 28.

Through an open records request, from the Habersham County Board of Elections, Gasaway says there were 71 people who voted in the wrong State House primary in Habersham on May 22.

Gasaway’s attorney Jake Evans contends that this finding is enough to potentially change the outcome of the election.

According to Secretary of State Press Secretary Candice Broce, the Secretary of State’s investigation is ‘ongoing.’

WNEG News will continue to follow this story and bring you more updates as they become available.