Year in Review: 2018 Closes With House District 28 Race Still Up in the Air

One of the biggest stories of 2018 will likely continue to make headlines as we move into the new year and that is the heated race for the State House District 28 seat.

It began with the May Republican Primary where Republican Incumbent Dan Gasaway went up against challenger, Republican businessman Chris Erwin.

In that initial race, Erwin won over Gasaway by just 67 votes, taking Banks and Habersham counties but losing to Gasaway in Stephens County.

But Representative Gasaway filed a suit in Superior Court claiming some voters in Habersham County, which is divided between House Districts 28 and 10 had been given the wrong 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 in June.

After hearing the evidence at a hearing in Banks County Superior Court in September, Senior Superior Court Judge David Sweat ordered a the May Primary results be thrown out and a new election or “re-do” be held in December.

David Sweat trt: 26 oc: be held
“The Court is persuaded that the burden of proof by the preponderance of evidence has been carried by the Plaintiff by showing that more votes than 67 were cast in an incorrect district and that the result and outcome of the election is in question because we don’t know how those voters would have voted if they have voted in the proper District,” Sweat said. “So, it is the Court’s view that the results of the Primary Election must be set aside and a new election be held…It is the Court’s view that it is necessary there be a new election.”

That “re-do” Special Primary was held December 4th and turned out to be even closer than the May results with Erwin winning the District by just two votes.

That prompted Gasaway to request a recount the following week, but in each of the three counties, the results came out the same.

The next day, on December 18, Gasaway filed another lawsuit in Banks County Superior Court alleging voter fraud and misconduct on the part of election officials.

A date for that hearing has not yet been set.