Do-Over Election December 4
Radio Commentary, 90.7, 91.7 New Life FM, October 19, 2018 – By Sue Ella Deadwyler
On September 18th, Banks County Superior Court Judge Sweat invalidated the May 22nd Primary Election in House District 28, that includes three counties – Stephens, Banks, and Habersham. He ruled that a do-over election is necessary to correct inadvertent mistakes made by election officials in that district. Meaning, voters who participate in the December 4th election will decide who represents House District 28 during the 2019-2020 term.
Background: The incumbent, Representative Dan Gasaway, ran for re-election in District 28, but lost by 67 votes in the Primary. Soon after the election, Mrs. Gasaway learned that a co-worker who lives in House District 28would have voted for Representative Gasaway, but his name was not on her ballot.
Incumbent Gasaway filed a lawsuit after learning that the co-worker was not the only voter who cast wrong ballots in House Districts 28 and 10. Seventy-two people in Habersham County and two people in Stephens County voted on wrong ballots, but Banks County had no contested votes. Habersham County Commission Chairman Victor Anderson explained the difficulty of drawing local district lines with this statement: “On some properties they had to actually determine where the house is in relation to that line [on the reapportionment map showing district boundaries], 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.”
On September 18th Banks County Superior Court Senior Judge David Sweat heard the case for seven hours before adjourning. Then, ten minutes after reconvening the next day he said, “More votes than 67 were cast in an incorrect district. The outcome of the election is in question because we do not know how those votes would have been voted. A new election must be held.”
Lesson learned: Know whose names should be on your ballot. If your absentee ballot lists the wrong names, request a correct absentee ballot. If you vote in-person and get the wrong ballot, request a correct ballot. The error was discovered and corrected this time, but, we’re reminded, “Eternal vigilance is the price of liberty,” even when dealing with the, usually, trustworthy ballot. For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.