Second Gasaway Lawsuit to Be Heard January 28

A judge has set Monday, January 28 as the date to take up a second lawsuit filed by Dan Gasaway, this time contesting the results of the December 4th Special Primary.

Last May, Gasaway lost to Republican businessman Chris Erwin by 65 votes and in June he filed a lawsuit claiming some voters in Habersham County had been given the wrong ballots.

At a September hearing in Banks County, Senior Superior Court Judge David Sweat agreed there had been voting errors in Habersham and ordered a new Special Primary for December 4th.

In that re-do of the May Primary, Erwin again won, but this time by just two votes.

Gasaway asked for a recount of the December 4th election and the results came out the same as the December 4th election.

On December 17th, Gasaway filed a second lawsuit alleging misconduct and irregularities on the part of all three County Boards of Elections that caused them to accept illegal votes and reject eligible votes.

“We have problems in all three counties this time. We have problems in all three counties that we’re going to bring to the courts,” he said. “What we have found is that I did win the election. If you take away the illegal votes, I won the election. So, there’s no remedy that a judge can provide except to order another election at this point. So, we’re probably going to have to go through that whole thing again.”

This latest lawsuit claims to offer proof he won the election listing alleged incidents of illegal voting and misconduct.

Gasaway’s latest lawsuit names the County Registrars and Boards of Elections in Habersham, Stephens and Banks counties, along with the certified winner of the Special Primary, Republican businessman Chris Erwin.

The lawsuit cites 10 voters in Banks County who allegedly cast ballots on December 4th in the Special Primary but who actually live in House District 32.

Also listed in the suit are voters in Habersham County that Gasaway claims voted in the December 4th Special Primary but live in House District 10.

Finally, the suit alleges two voters living in Maysville, which is in House District 31 voted in the Special Primary on December 4th.

The lawsuit concludes a total of 14 illegal votes listed, if corrected, would change the outcome of the December 4th Special Primary.

Also listed are several incidents in which voters were allegedly denied their right to vote by poll workers who said they were not eligible, did not live in District 28, or told they had already voted.

Gasaway’s attorney Jake Evans told the Northeast Georgian last week that since filing the suit more than 50 disinfranchised voters have been identified.

Judge Sweat will again preside over the second hearing in Banks County Superior Court.