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Judge orders North Georgia district to redo House race after voters given wrong ballots

Gasaway lost to Chris Erwin by 67 votes. Following his loss, Gasaway sued his opponent, and the elections boards in three counties: Habersham, Banks and Stephens.
Left to Right: Gasaway, Erwin

The voters decided and the ballots were cast. But some citizens in Northeast Georgia will have to do it all over for a state house race.

That's because voters were given the wrong ballot at the polls.

In May, a Republican primary was held for incumbent Dan Gasaway's seat. He represents District 28 in the Georgia House of Representatives.

Gasaway lost to Chris Erwin by 67 votes.

Following his loss, Gasaway sued his opponent and the elections boards in three counties: Habersham, Banks and Stephens. In his lawsuit, he claims at least 67 people voted in the wrong district.

Banks County Judge David Sweat agreed. As a result, those two will face off in another election in December.

According to a report by CNN, the elections supervisor of Habersham County, Laurel Ellison, said the mistake might have occurred because of how the county re-drew its district lines in recent years.

For example, in some places, the line splits properties right down the middle. So county officials had to decide which district those residents should vote in.

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Left to Right: Gasaway, Erwin

They determined at least 70 people voted in the wrong district - and that's just in Habersham County. The district also includes parts of Banks and Stephens Counties.

One longtime voting consultant, Mark Davis of Data Productions Inc., told CNN this happens more than you would think.

The new election date has been set for December and it's winner-takes-all. That's because no other eligible candidates are running in other parties.

Judge Sweat referenced Georgia election law by writing “because there is no eligible Democratic candidate or eligible candidates of a party other than the Republican party in the 2018 Georgia House District 28 race, the winner of the second 2018 Georgia House District 28 Republican General Primary Election taking place on December 4, 2018 SHALL be declared the winner of the 2018 Georgia House District 28 General Election to take office on January 14, 2019.”

So next time you vote, make sure you know you are voting in the right district.

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