The 2nd redo in the House District 28 primary now has an official date to take place. Judge David Sweat signed the official order selecting April 9, 2019 as the date, and also vacated the seat that was won by Chris Erwin in the December redo, leaving District 28 unrepresented during the current legislation.
During the appeal of his loss in the redo election, Dan Gasaway alleged that 68 votes had been cast illegally, illegally rejected, or were irregular, and addressed 21 of those votes in his complaint. It was the Judge Sweat’s finding that 3 of those votes were cast by voters who no longer lived in the district, and the one irregular vote was a voter whose vote was counted twice, and with the margin being just two votes, Sweat ordered the second redo.
With the date now set, there is still a voter fraud investigation that has been requested by Laurel Ellison, the Habersham County elections supervisor, over the double vote. The Associated Press is reporting that Ellison had asked the secretary of state to investigate “possible voter fraud due to a double vote.” In the judge’s orders, Judge Sweat concluded that Mr. Gasaway presented sufficient evidence to show that two votes were cast in the name of Mr. Michael Burrell. Mr. Burrell testified that when he went to the early voting center on November 30, 2018, election officials told him that he had already voted on November 28. Mr. Burrell objected and denied the signature on the application for early voting ballot on November 28 was his. Election officials allowed Mr. Burrell to cast a second ballot on November 30, 2018. Mr. Burrell cast his November 30 ballot on a voting machine rather than as a provisional ballot. Therefore, two votes were cast Mr. Burrell’s name.
The press release from SOS Brad Raffensberger can be found below:
Following a series of accusations related to the race for House District 28, The Secretary of State’s Investigations Division is continuing to pursue an ongoing investigation into potential instances of voter fraud.
“Eliminating voter fraud is essential to strengthening the integrity of Georgia’s elections, which is why I am committed to fighting against crimes that undermine our most fundamental institutions and sow doubt in our communities,” said Secretary of State Brad Raffensperger. “Voter fraud has no place in Georgia’s elections, and my office will exhaust every avenue to investigate instances of abuse and prevent further injustice.”
Superior Court Judge David Sweat has ordered a second redo election in response to evidence of voter fraud in the recent election for House District 28 conducted on December 4, 2018.
“Preventing electoral fraud is central to the mission of the Secretary of State’s office, and our investigators will continue their important work in guaranteeing free and fair elections for all of Georgia’s communities,” said Deputy Secretary of State Jordan Fuchs. “We look forward to a conclusive result for the voters of House District 28 and will assist in providing support to local. elections officials as required.”