Breaking News: Erwin Appeals Removal From Office
Chris Erwin is taking his case all the way to the State Supreme Court in an effort to keep his seat as the Representative for House District 28.
“We filed an appeal and believe the Supreme Court needs to look at this case. We are pursuing all of our appellate rights,” Erwin told WNEG News Tuesday. “At the same time, a third election has been ordered for April, so we are also running again full steam ahead for a third straight victory. We will continue to fight for our community’s right to representation.”
Erwin’s attorneys filed the appeal in Banks County Monday evening at 6:57p asking the Georgia Court of Appeals send the case straight to the State Supreme Court.
In his written ruling, Judge David Sweat ordered Erwin to remove himself from office pending new election
On Friday, February 8, Senior Superior Court Judge David Sweat issued his written ruling in the Dan Gasaway suit against Erwin and the Registrars and Boards of Elections in House District 28.
In that ruling, Judge Sweat threw out the results of the December 4th Special Primary Election, which Erwin won by two votes, citing four cases of illegal or improper voting in Habersham County.
Erwin was sworn into office as the Representative for State House District 28 on January 14th.
The Judge further ordered Erwin to remove himself as Representative for House District 28 immediately pending a new election, which he set for April 9.
The decision to send the appeal directly to the Supreme Court stems from the fact that only the high court has the authority to overturn Judge Sweat’s order removing Erwin from office.
In the appeal Erwin’s attorney Bryan Tyson wrote, “The Supreme Court, rather than the Court of Appeals, has jurisdiction to hear this appeal because this is an appeal of an election contest and the Supreme Court has “exclusive appellate jurisdiction” over appeals involving “cases of election contest.”
Meantime, Stephens County attorney Brian Ranck said the three county attorneys are in talks as to whether to join in with certain parts of Erwin’s appeal.
“We may be joining in on certain aspects of the appeal; mainly as they affect election law, not geared to the outcome of this election, Ranck said Tuesday morning.
As this story unfolds, WNEG News will bring you the latest information and updates on the appeal and the April 9 election.