State Rep Gasaway Files Suit for New Election Citing Illegal Votes and Misconduct
State Representative Dan Gasaway has filed another lawsuit in Banks County, this time contesting the results of the December 4th Special Primary.
On Monday, Gasaway asked for a recount of the December 4th redo of the May 22 Primary after Interim Secretary of State Robyn Crittendon certified Republican businessman Chris Erwin the winner by two votes.
The results of the recount Tuesday came out the same as the December 4th election.
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.
In it, Gasaway alleges misconduct and irregularities on the part of all three County Boards of Elections that caused them to accept illegal votes and reject eligible votes.
In an interview with Gasaway Monday morning, he confirmed to WNEG News he intended to go to court regardless of the outcome of the recount.
“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.”
Gasaway’s lawsuit claims to offer proof he won the elction listing alleged incidents of illegal voting and misconduct.
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.
Included in that list is Banks County Sheriff Carlton Speed, his wife Kristi and son Conner.
The suit alleges that voter registration erroneously put Sheriff Speed and his family in House District 28 when their property is actually 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.
In that list, is a voter the suit alleges now lives in House District 10 but voted December 4th using the address of a home she sold in April 2017 that is in House District 28.
The suit also alleges two voters living in Maysville, which is in House District 31 voted in the Special Primary on December 4th.
Gasaway’s lawsuit also lists a number of voters in Habersham County who were told by poll workers they did not live in House District 28 and were not allowed to voted in the Special Primary even though they had proof they did live in the district.
In another instance the suit claims a Banks County voter attempted to cast an early ballot, but her card was kicked out by the machine before she could hit the “cast ballot” button.
When she told the poll worker the poll worker insisted the vote had been counted, and did not allow the voter to attempt to vote again, but the suit alleges voting records show her vote was not counted.
The lawsuit concludes a total of 14 illegal votes listed, if corrected, would change the outcome of the December 4th Special Primary and Gasaway is therefore asking for another election.
No date has yet been set for a hearing.
WNEG News will bring you the latest information on this ongoing story as it becomes available. .