Judge to hear arguments in Gasaway suit Today

This afternoon in Banks County Superior Court, a Judge will begin hearing arguments in the civil suit filed by State Representative Dan Gasaway.

The case was recently transferred from Fulton County Superior Court to Banks County after the Habersham County Board of Elections and County officials announced August 30^th that they were withdrawing their motion to dismiss Gasaway’s civil suit, admitting there may have been errors in where some Habersham registered voters had cast their ballots during the May General Primary Election.

Gasaway filed his civil suit June 6^th in Fulton County after losing the District 28 race to challenger Republican Chris Erwin by just 67 votes districtwide.

In his suit, Gasaway claimed some voters living along the District 28/District 10 dividing line in Habersham County had been given the wrong ballots when they went to vote in May.

However, Habersham County attorney Donnie Hunt said in August that Habersham election officials ultimately found there enough wrong ballots cast to warrant a new election.

“We always thought there were less than 67 votes, but in the course of completing the investigation and looking at all of the names in both District 10 and District 28 that’s when she (Laurel Ellison) discovered that actually there were five more than what Mr. Gasaway had alleged. So it was at least 70 that were in the wrong district that had actually voted,” he said.

In an interview with Habersham County Commission Chair Victor Anderson, Anderson told WNEG News the process to determine which voters lived in which House District was long and complicated.

“On some properties they had to actually determine where the house is in relation to that line, even though part of the property was in 28 and part in 10. Where the house resides, determines where the voter lives. It was a fairly complicated process,” he said.

About 300 letters were sent out to voters living on that dividing line informing them they may have been placed in the wrong House District and that they were being moved to the other House District.

“I applaud the Habersham County Commissioners for doing the right thing by conceding to a new election,” Gasaway said last month. “We anticipate Banks and Stephens counties to follow in this concession. We’re hopeful that Chris Erwin will place the integrity and fairness of our electoral system and the right of voters in House 28 to select their State Representative above his personal interest by likewise consenting to a new election.”

Motions to dismiss Gasaway’s suit were initially filed in July by attorneys for Representative-elect Chris Erwin claiming the suit was filed in the wrong County and that the difference in votes did not meet the requirements needed to call for a new election.

After Habersham County officials made their announcement, Secretary of State Brian Kemp filed a motion to be dropped from the case and it was moved to Banks County.

A specially appointed Superior Court Judge will hear both arguments this week and then decide whether a new election is warranted.

If the judge calls for a new election, then all of the previous ballots will be thrown out in all three counties, Banks, Stephens and the District 28 portion of Habersham County and a new election for the entire district will be scheduled.