Erwin Repeals Appeal to the State Supreme Court

Newly elected State Representative Chris Erwin and three county boards of elections have withdrawn their appeal to the State Supreme Court contesting Supreme Court Judge David Sweat’s ruling that ordered the third re-do in April of the House District 28 Special Primary.

Erwin’s attorney, along with the attorneys for the Habersham, Stephens and Banks County Boards of Elections filed the motion to repeal on Monday with Banks County Superior Court.

Erwin beat former State Representative Dan Gasaway in a landslide April 9th, causing Gasaway to concede the election after two previous primaries.

Erwin’s attorney Bryan Tyson filed an appeal to the February 8th ruling by Senior Superior Court Judge David Sweat in a lawsuit brought by Dan Gasaway regarding alleged illegal and improper voting during the December 4 Special Primary.

He then filed another motion in February asking the Supreme Court to speed up the hearing process on their initial appeal and re-instate Erwin as the Representative for House District 28 for the remainder of the 2019 General Assembly session.

Tyson submitted a timeline for the Supreme Court to hold hearings on Erwin’s appeal, but the Supreme Court denied that motion.

In their decision, the Supreme Court Justices wrote,that because no appeal had been docketed at the time of the expedite request, there is nothing to expedite.