Gasaway Files Suit in Habersham County District 28 Race
Gasaway told WNEG News Tuesday he has proof that some voters in Habersham County did not receive the correct ballots.
“It’s been a long process but we’ve signed under oath that we knew more than 80 citizens that voted Republican in the election got the wrong ballot,” he said.
Gasaway said he believes there may have been hundreds more voters who received the wrong ballot than what is listed in the lawsuit.
According to a report in the Atlanta Journal Constitution, the lawsuit states, “Irregularities and misconduct in voting were created in both HD 28 and in HD 10 as voters in both districts could not vote for the correct state House races. In fact, voters in both districts were forced to vote for the wrong candidates because they did not have the correct ballots.”
Habersham County is divided between State House District 10 and State House District 28.
During the Georgia General Primary Election last month, voters in the District 28 portion of Habersham County were to have decided on the State House race between two Republicans, Incumbent State Representative Dan Gasaway and his challenger, Banks County businessman Chris Erwin.
No Democrats ran in that race and Erwin took 57% of the vote 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.
On May 30th, the Secretary of State’s office launched an investigation into what they called districting questions.
And on Monday, Secretary of State Press Secretary Candice Broce told WNEG News the investigation is still ongoing and no other information will be released until it is over.
Broce said she does not know how long the investigation will take.
Gasaway, meantime, says he is waiting for the results of that State investigation.
“At some point they will come to the same conclusion and they may come to the conclusion before this goes to court, and they may void the election themselves, I don’t know,” Gasaway said.
If the Secretary of State’s office determines some Habersham County voters did receive the wrong ballots, there will likely have to be a special election, according to Gasaway.
“My understanding is there would be a new election district wide and the time of that election would be determined by the Fulton County judge,” he said.
WNEG News will continue to follow this story and bring you more updates as they become available.