Stephens County Joins Gasaway v. Erwin Appeal

Stephens County has joined with Banks and Habersham Counties to appeal a ruling from Senior Superior Court Judge David Sweat that ordered a third Special election for State House District 28.

“The County’s issue is not in the outcome of the April election as long as the process is fair and conducted in accordance with state and federal law,” Stephens County Attorney Brian Ranck said in a prepared statement. “Stephens County feels an appeal is necessary to get clarity on the law that governs elections in Georgia and to insure that the ruling does not impose requirements on local elections offices beyond those prescribed by statute.”

The appeal was filed with the Georgia Supreme Court on February 14 on behalf of Chris Erwin, with a tentative hearing on their May 2019 calendar.

An exact date for oral arguments to be heard has not yet been set.

Judge David Sweat ordered the April 9 Special Election after finding that four votes in the December 4 Special Election were illegal.

That overturned Erwin’s two-vote victory over Dan Gasaway. Erwin had been sworn in as the new State House Representative for District 28 on January 14, but Judge Sweat ordered him to vacate the seat pending the April Special Election.

Sweat also required the Registrars in the three counties to come up with an “Approved Eligible Elector List” of voters who will be allowed to cast a ballot in the April 9 Special House District 28 election.

The Judge said voters “shall include those who were or should have been eligible to vote in the May 22 House District 28 General Primary, who did not request a Democratic ballot last May, and who did not become ineligible to vote in the November 2018 election.”

The Judge required that list to be completed by all three Boards of Elections and submitted to both Dan Gasaway and Chris Erwin by close of business on March 1st.

The Candidates will then have until March 6 to review the list and file any objections.

Meantime, Absentee by Mail and Early Voting will begin at the Stephens County Registrar’s office Monday, March 18, from 8am-5pm and continue through Friday April 5th.

Saturday Voting will be March 30, from 9am-4pm at the Registrar’s office.