You are on page 1of 66

Fulton County Superior Court

***EFILED***DC
Date: 6/20/2018 5:27 PM
Cathelene Robinson, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY


STATE OF GEORGIA

DAN GASAWAY, )
)
Petitioner, )
)
v. ) Civil Action File No.: 2018-CV-306197
)
BRIAN KEMP, Georgia Secretary )
of State & Chairman of State Elections )
Board, LAUREL ELLISON, Habersham )
County Elections Supervisor, and CHRIS )
ERWIN, Republican Nominee for Georgia )
House District 28 – May 22, 2018. )
)
Respondents. )

PETITIONER DAN GASAWAY’S MEMORANDUM OF LAW SUPPORTING HIS


MOTION FOR LEAVE TO AMEND HIS PETITION AND TO ADD PARTIES

Pursuant to O.C.G.A. § 21-2-524(g), O.C.G.A. § 9-11-15, and O.C.G.A. § 9-11-21,

Petitioner Dan Gasaway (“Mr. Gasaway” or “Petitioner”) respectfully files this Memorandum of

Law Supporting His Motion for Leave to Amend His Petition And to Add Parties.

INTRODUCTION

This case is about multiple county elections boards assigning voters to wrong state house

districts, thereby contaminating an election and taking a state house seat from Mr. Gasaway. The

deeper that Mr. Gasaway has dug, the more mis-assignments he has found. Mr. Gasaway seeks

leave to amend his Petition to reflect the newly-identified grounds of contest, relevant facts, and

prayers for relief that are specified in his First Amended Petition attached as Exhibit “1”.

The Court should grant Mr. Gasaway leave to amend his Petition and to add newly-

identified parties as is encouraged by Georgia’s liberal allowance of pleading amendments. Mr.


Gasaway’s amendment would not prejudice any party because they are being named in the

earliest stages of this action, are already aware of this action’s existence, and can be allowed

additional time to respond to the extent needed. Mr. Gasaway’s amendment is justified because

he obtained the state-wide certified voter data after his first Petition’s filing and, consequently,

could not identify the newly identified mis-districted voters until recently. Mr. Gasaway should

be permitted to amend his Petition to accurately reflect the facts of this case and the parties

involved.

STATEMENT OF FACTS

This case, filed just 14 days ago, challenges an election that was certified just 19 days

ago. The special summons has been issued, and the initially-named Defendants should soon be

served, if they have not already been served.

Since this case’s filing on June 6, 2018, Mr. Gasaway has worked tirelessly to identify

voters that were assigned to the wrong district and who, as a result, voted in the wrong election.

Identifying these voters required obtaining certified voter data lists from the Secretary of State’s

Office, analyzing these certified data lists, and cross-referencing these lists with certified state

house district maps. Recently, Mr. Gasaway obtained a state-wide certified voter list, showing

all of the persons that voted in the May 22, 2018 General Republican Primary Election (the

“Election”). Using sophisticated GEO-mapping tools, this list was compared with state house

district maps to locate voters that may have voted in the wrong district. The voters so identified

were then examined one-by-one to determine if they were indeed assigned to the wrong state

house district.

Mr. Gasaway’s search identified many mis-assigned voters that, based upon the short

five-day filing deadline, he was unable to identify and name in his first Petition. Many of these

voters resided in counties other than Habersham County, which was the only county Mr.
2
Gasaway initially examined. Mr. Gasaway moved expeditiously to located these new voters, and

is moving expeditiously for leave from the Court to amend his Petition to reflect these new

voters and the correspondingly new parties that arguably should be added to this action.

ARGUMENT

I. Mr. Gasaway Should be Given Leave to Amend His Petition Under O.C.G.A. § 21-2-524
(g).

O.C.G.A. § 21-2-524(g) establishes that “[a]fter filing, any petition . . may be amended

with leave of the court so as to include the specification of additional grounds of contest, other

relevant facts, or prayer for further relief.” This provision within Georgia’s Election Code was

likely included due to the tight deadlines for election contest cases. An election contest must be

filed within five days of the election’s certification. O.C.G.A. § 21-2-524.

The Georgia Civil Practice Act and Georgia case law provides parties significant leniency

in amending their pleadings. Parties may amend pleadings as a matter of course and without

leave of court at any time before the entry of a pretrial order. O.C.G.A. § 9-11-15. Georgia

courts hold that amendments shall be freely and liberally given when justice requires. Midtown

Properties, Inc. v. George F. Richardson, Inc., 139 Ga. App. 182 (1976). Plaintiffs have even

been allowed to amend their complaints after commencement of trial. Harris v. Tutt, 306 Ga.

App. 377 (2010). Although O.C.G.A. § 21-2-524(g) uniquely governs Mr. Gasaway’s right to

amend, the Court should apply that provision in a manner consistent with the leniency ordinarily

given to parties seeking leave to amend their pleadings in Georgia.

Precluding Mr. Gasaway from amending his Petition, here, would be particularly

egregious. Mr. Gasaway has exercised the utmost diligence in prosecuting this case. Mr.

Gasaway obtained the available voter data within days of the election’s certification; Mr.

Gasaway examined this voter data immediately upon receipt; Mr. Gasaway retained counsel

3
immediately upon discovery of the systematic errors; and Mr. Gasaway filed a 28 page, 102

paragraph Petition within five days of the election’s certification. Since filing the first Petition,

Mr. Gasaway obtained the certified state-wide voter list for Election, analyzed this list, located

additional mis-assigned voters, and revised and amended his initial Petition all within 14 days.

One would be hard-pressed to identify a more diligent party than Mr. Gasaway.

In accordance with O.C.G.A. § 21-2-524(g), the Amended Petition includes additional

grounds of contest, new relevant facts, and new prayers for relief. Through his search of the

certified voter lists, Mr. Gasaway identified many new voters who had been assigned to the

wrong district and who voted in the Election. These new voters included: (1) those that resided

in HD 28, but had been assigned to HD 32; (2) those that resided in HD 28, but had been

assigned to HD 31; (3) those that resided in HD 32, but had been assigned to 28; (4) and more

voters that had been assigned to HD 10, but resided in HD 28. Many of the voters reside in

counties other than Habersham County, which was the only county that had been initially-

identified as having mis-assigned voters.

As noted earlier, Georgia courts give parties significant liberty to amend their pleadings.

This principle applies equally in election contests, where courts have held that the failure to

name proper parties is an amendable defect, correctable by the parties or even upon the court’s

own motion. Brodie v. Champion, 281 Ga. 1015, (2006). O.C.G.A. § 21-2-524(g) stipulates for

courts to give parties leave to amend to include the specification of additional grounds of contest,

other relevant facts, or prayer for further relief. This is only requirement for leave to be granted.

Mr. Gasaway’s diligence has uncovered additional grounds of contest, new relevant facts, and

new prayers for relief all of which have been specified in his Amended Petition. O.C.G.A. § 21-

2-524(g) provides that leave should be granted for Mr. Gasaway to amend his Petition here.

4
II. Mr. Gasaway Should be Given Leave to Amend His Petition to Add Parties to This Case.

Mr. Gasaway’s search identified new wrongly-districted voters who live in Stephens

County, Banks County, Franklin County, and Jackson County. O.C.G.A. § 21-2-520 states that

“superintendents who conducted the contested primary” should be named as defendants, and

O.C.G.A. § 21-2-2(35)(A) defines superintendents as “the county board of elections and

registrations”. Thus, the board of elections and registrations for Stephens County, Banks

County, Franklin County, and Jackson County (collectively, “New Parties”) should be added to

this case. Mr. Gasaway is also adding the Habersham County Board of Elections and

Registrations, in addition to Laura Ellison as the supervisor, out of an abundance of caution.

O.C.G.A. § 9-11-21 establishes that leave must be sought from the Court to amend

pleadings to add parties to an action. Guhl v. Tuggle, 242 Ga. 412, 414 (1978)(“parties may be

dropped or added by order of the court on motion of any party or of its own initiative at any stage

of the action and on such terms as are just.”). “Among the factors to be considered by the trial

court in determining whether to allow the amendments are whether the new part[ies] will be

prejudiced thereby and whether the movant has some excuse or justification for having failed to

name and serve the new part[ies] previously.” Ellison v. Hill, 288 Ga. App. 415, 418 (2007).

Determination of whether a party should be added to a lawsuit lies within the discretion of the

trial court, and this determination will not be disturbed on appeal absent a showing of abuse.

Benschoter v. Shapiro, 197 Ga. App. 357, 358 (1990).

Here, the New Parties would not be prejudiced by being added. First, the amendment is

being made so early that there is no catch-up period. The parties named in the initial petition

were likely just served. Mr. Gasaway is willing to consent to the New Parties having additional

time to respond to the Amended Petition, if needed. Second, all the New Parties are not adverse.

The New Parties have an interest and duty aligned with Mr. Gasaway to ensure that elections are
5
fairly, accurately, and properly administered. This case seeks to achieve that result. The New

Parties could, in fact, agree with Mr. Gasaway’s findings and seek to remedy the result by

stipulating to the need for a new election.

Mr. Gasaway is justified in failing to name the New Parties initially, because he did not

have the requisite state-wide certified voter data to identify all the wrongly-districted voters and,

consequently, the necessary parties to the action. Mr. Gasaway’s search of the certified state-

wide voter data showed that individuals residing in Stephens County, Banks County, Franklin

County, and Jackson County also were assigned to wrong district. As the county election boards

and registration that administered the Election, the New Parties are arguably indispensable to this

action as they are necessary to administer another election.

The New Parties would not be prejudiced by being added, and Mr. Gasaway is justified

in not naming them in his first Petition. Mr. Gasaway should, therefore, be allowed to add them

now.

CONCLUSION

For the foregoing reasons, Mr. Gasaway should be granted leave to file his First

Amended Petition, which is attached as Exhibit “1”, and to add the board of elections and

registrations for Habersham County, Stephens County, Banks County, Franklin County, and

Jackson County as parties to this action.

Respectfully submitted this 20th day of June, 2018.

/s/ Jake Evans


Jake Evans
Georgia Bar No. 797018
Russell Rogers
Georgia Bar No. 002278
THOMPSON HINE LLP
3560 Lenox Road, Suite 1600

6
Atlanta, Georgia 30326
(404) 541-2900 – Main
(404) 541-2905 – Facsimile
Attorneys for Petitioner Dan Gasaway

7
EXHIBIT 1
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

DAN GASAWAY, )
)
Petitioner, )
)
v. ) Civil Action File No.: 2018-cv-306197
)
BRIAN KEMP, Georgia Secretary )
of State & Chairman of State Elections )
Board, HABERSHAM COUNTY BOARD )
OF ELECTIONS AND REGISTRATION, )
LAUREL ELLISON, Habersham County )
Elections Supervisor, FRANKLIN )
COUNTY BOARD OF ELECTIONS, )
BANKS COUNTY BOARD OF )
ELECTIONS, STEPHENS COUNTY )
BOARD OF ELECTIONS, JACKSON )
COUNTY BOARD OF ELECTIONS, )
and CHRIS ERWIN, Republican Nominee )
for Georgia House District 28 – May 22, )
2018. )
)
Respondents. )

FIRST AMENDED PETITION TO CONTEST ELECTION RESULTS & REQUEST FOR NEW ELECTION
MAY 22, 2018 REPUBLICAN PARTY GENERAL PRIMARY ELECTION
GEORGIA HOUSE OF REPRESENTATIVES DISTRICT 28
______________________________________________________________________________

INTRODUCTION

Petitioner Dan Gasaway (“Petitioner” or “Gasaway”) respectfully submits this Petition

(“Petition”) to contest the election results for the May 22, 2018 Republican Party General

Primary (“Election”) for Georgia House of Representatives District 28 (“HD 28”)1 pursuant to

O.C.G.A. § 21-2-520 et seq. This Petition should be granted because the respective county

1
A certified copy of the map representing Georgia House of Representatives District 28 is attached as Exhibit “A”.
boards of elections and registrations (the “Boards”)2 systematically assigned voters to incorrect

districts, causing irregularities in the Election, causing illegal votes to be cast in the Election, and

causing voters to be denied their right to vote in the Election. These irregularities and illegal

votes total at least 75 votes and the Election was decided by only 67 votes, changing and placing

in doubt the Election’s result. Thus, to uphold the democratic principles on which this nation

was built, the Election should be set aside and a new election should be ordered.

The Boards’ systematic assignment of voters to the wrong State House districts changes

and casts in doubt the Election’s result. Wrong district assignments caused voters residing in HD

10 and HD 32 to vote in the HD 28 election. These irregularities caused illegal votes to be cast

in the Election. Wrong district assignments also caused voters residing in HD 28 to vote in the

HD 10, HD 31, and HD 32 elections. These irregularities disenfranchised HD 28 voters by

denying them their right to vote in the Election.3 Making matters worse, although not all voting

in the Election, at least 404 individuals have been identified as being assigned to the wrong

district.

Voters that should not have voted in the Election did, and voters that should have voted

in the Election did not. This cross-contamination, caused by systematic mis-assignments,

resulted in at least 44 voters in HD 28 being denied their right to vote in the Election, and at least

31 individuals voting in a contest that they were ineligible for. The Election was decided by only

67 votes, and at least 75 votes were illegally cast in the Election. Georgia law is clear that it is

the number of votes, not who was voted for, that counts. Because the number of votes exceeds

2
The pertinent elections boards are the Habersham County Board of Elections and Registration, the Stephens
County Board of Elections and Registration, the Banks County Board of Elections and Registration, the Franklin
County Board of Elections and Registration, and the Jackson County Board of Elections and Registration.
3
Attached as Exhibit “B” is a map showing the wrongly-districted individuals that voted in the Election.

-2-
the margin of victory in HD 28, the Election results should be thrown out and a new election

should be ordered.

PARTIES

1.

Petitioner Dan Gasaway (“Petitioner” or “Gasaway”) is the current Representative for

HD 28. He is a resident of HD 28, residing at 1446 Scales Creek Road, Homer, Georgia 30547.

He was also a candidate for re-election in the Election. Pursuant to O.C.G.A. § 21-2-521, he is

eligible to file this Petition.

2.

Defendant Brian Kemp (“Secretary” or “Kemp”) is Georgia’s Secretary of State and

Georgia’s Chief Elections Official.4 Pursuant to O.C.G.A. § 21-2-499, the Secretary is required

to tabulate, compute, and canvass the results of state elections. The Secretary also certifies the

final results of all state elections.

Defendant Habersham County Board of Elections and Registration is one of the

superintendents that conducted the contested election, and resides at 555 Monroe St., Unit 45,

Clarkesville, GA 30523.

4
Naming the Secretary of State as the state’s chief election official in petitions contesting election results is required
under O.C.G.A. § 21-2-520. The Petitioner acknowledges that the Secretary of State is defending the security of the
ballot box, here, by investigating the issues named in this Petition to present to the State Election Board for possible
prosecution. But, for Gasaway to preserve his right to seek a new election, this Amended Petition must be filed
before the Secretary’s investigation was completed. See O.C.G.A. § 21-2-524(a)(timing for filing a petition to
contest an election).

-3-
4.

Defendant Franklin County Board of Elections and Registration is one of the

superintendents that conducted the contested election, and resides at P.O. Box 313 211 Athens

Street, Carnesville, GA 30521.

5.

Defendant Stephens County Board of Elections and Registration is one of the

superintendents that conducted the contested election, and resides at 12 West Tugalo Street,

Suite 250, Toccoa, GA 30577.

6.

Defendant Banks County Board of Elections and Registration is one of the

superintendents that conducted the contested election, and resides at 226 Candler Street, Homer,

Georgia 30547.

7.

Defendant Jackson County Board of Elections and Registration is one of the

superintendents that conducted the contested election, and resides at 441 Gordon Street,

Jefferson, GA 30549.

8.

Defendant Laurel Ellison (“Ms. Ellison”) is the Habersham County Elections Supervisor.

Ms. Ellison’s address is 160 Ponce De Leon Drive, Clarkesville, Georgia 30523.

9.

Defendant Chris Erwin (“Erwin”) was the candidate that opposed Dan Gasaway in the

HD 28 Election. Erwin’s address is P.O. Box 501029, Atlanta, Georgia 31150.

-4-
JURISDICTION & VENUE

10.

Jurisdiction is proper in this Court pursuant to O.C.G.A. § 21-2-523(a) as the county

where Defendant Kemp resides.

11.

The first Petition was timely-filed with this Court. The Secretary certified the Election

results on Friday, June, 1, 2018. The first Petition was filed on June 6, 2018, within five days of

the certification pursuant to O.C.G.A. § 21-1-524(a). This Amended Petition relates back to the

first-filed Petition.

12.

Venue is proper for this Court.

13.

An affidavit executed by the Petitioner verifying this Amended Petition is contained with

this Amended Petition and filed herewith as attached Exhibit “C”.

FACTUAL BACKGROUND

14.

County election officials are responsible for allocating voters to correct legislative

districts.

15

The Joint Office of Legislative and Congressional Reapportionment (the “Office”) assists

counties in allocating voters to the proper legislative district. The Office also provides maps that

meet state law requirements.

-5-
16.

Here, the Habersham County Board of Elections and Registration, the Stephens County

Board of Elections and Registration, the Banks County Board of Elections and Registration, the

Franklin County Board of Elections and Registration, and the Jackson County Board of Elections

(collectively the “Boards”) administered the Election.

17.

The Boards were delegated the duty to assign voters the correct ballot for the legislative

district that they lived in.

18.

The Boards breached this duty, though, by assigning voters in the Election to the wrong

State House districts, causing illegal votes to be cast and disenfranchising voters.

19.

The Election was held on May 22, 2018. Erwin finished in first place in the Election

with 3111 votes to Gasaway’s 3044 (a margin of 67 votes).

20.

The Election was certified by the Secretary of State on Friday, June 1, 2018.

21.

Katie Hartrick observed that the race for HD 10, instead of the race for HD 28, appeared

on her ballot despite her living in HD 28. Ms. Hartrick’s husband, Ryan Hartrick, also observed

that the race for HD 10, instead of the race for HD 28, appeared on his ballot despite him living

in HD 28. The Hartricks executed affidavits affirming these facts and are attached as Exhibit

“D”.

-6-
22.

Catherine Bruce Simpson Wiles observed that the race for HD 10, instead of the race for

HD 28, appeared on her ballot despite her living in HD 28. Ms. Wiles executed an affidavit

affirming this fact and is attached as Exhibit “E”.

23.

Initially, using voter registration data provided from the Secretary of State’s office,

Gasaway plotted the location of voters on a map provided by the Office using Microsoft Map

Point.

24.

By plotting the locations of voters, Gasaway realized that voters with addresses in his

district were included on the list of HD 10 voters and not on the list for HD 28 voters. Gasaway

initially found at least 350 voters that had been assigned to the incorrect Georgia State House of

Representatives district.

25.

Gasaway has since retrieved certified state-wide voter data from the Secretary of State’s

office, showing all the individuals that voted in the Election.

26.

Gasaway used this certified voter data to definitively locate individuals that either should

have voted in the Election, but did not, or should not have voted, but did. These errors are

attributable to the Boards placing individuals in the wrong districts.

27

All of the Election’s affected voters reside in Habersham County, Stephens County,

Banks County, Franklin County, or Jackson County.

-7-
28.

Using the certified list showing all the individuals voting in the May 22, 2018 General

Primary Election generated by the Secretary of State, at least 75 voters were identified that voted

in the wrong election because they were assigned to the wrong district.

29.

A list of the individuals that voted in the May 22, 2018 General Primary Election and

were assigned to the wrong district and voted in the wrong election is attached as Exhibit “F”. A

list separating these voters by district mis-assignment is attached as Exhibit “G”.

Voters Assigned to HD 10 that Live in HD 28

30.

Samuel R.A. Ausburn resides at 312 Sterling Meadows Court, Demorest, GA 30535-

5196, Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Samuel R.A.

Ausburn was assigned to House District 10 in error. Samuel R.A. Ausburn voted in the May 22,

2018 General Primary Election.

31.

Charles M. Miller resides at 386 Chenocetah Dr, Cornelia, GA 30531-3807, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Charles M. Miller was

assigned to House District 10 in error. Charles M. Miller voted in the May 22, 2018 General

Primary Election.

-8-
32.

Sarah E. Smith resides at 294 Wilson Rd, Cornelia, GA 30531-5560, Habersham County.

Exhibit “A” demonstrates that this address is within the boundaries of Georgia House District 28.

However, Georgia voter registration records show that Sarah E. Smith was assigned to House

District 10 in error. Sarah E. Smith voted in the May 22, 2018 General Primary Election.

33.

Casey Aaron Dover resides at 253 Sterling Meadows Dr, Demorest, GA 30535-5195,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Casey Aaron

Dover was assigned to House District 10 in error. Casey Aaron Dover voted in the May 22,

2018 General Primary Election.

34.

Alice Cates Dover resides at 253 Sterling Meadows Dr, Demorest, GA 30535-5195,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Alice Cates

Dover was assigned to House District 10 in error. Alice Cates Dover voted in the May 22, 2018

General Primary Election.

35.

Katie Joy Hartrick resides at 620 Elderberry Ct, Demorest, GA 30535-5374, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Katie Joy Hartrick was

assigned to House District 10 in error. Katie Joy Hartrick voted in the May 22, 2018 General

Primary Election.

-9-
36.

Ryan Nicholas Hartrick resides at 620 Elderberry Ct, Demorest, GA 30535-5374,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Ryan

Nicholas Hartrick was assigned to House District 10 in error. Ryan Nicholas Hartrick voted in

the May 22, 2018 General Primary Election.

37.

Barbara Harper King resides at 321 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Barbara

Harper King was assigned to House District 10 in error. Barbara Harper King voted in the May

22, 2018 General Primary Election.

38.

Kevin Nelson King resides at 321 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kevin Nelson

King was assigned to House District 10 in error. Kevin Nelson King voted in the May 22, 2018

General Primary Election.

39.

Dustin Thomas Mealor resides at 408 Chenocetah Dr, Cornelia, GA 30531-3854,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Dustin

-10-
Thomas Mealor was assigned to House District 10 in error. Dustin Thomas Mealor voted in the

May 22, 2018 General Primary Election.

40.

Hope Green Mealor resides at 408 Chenocetah Dr, Cornelia, GA 30531-3854,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Hope Green

Mealor was assigned to House District 10 in error. Hope Green Mealor voted in the May 22,

2018 General Primary Election.

41.

Owen E. Cantrell resides at 4988 Highway 197 S., Mount Airy, GA 30563-2442,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Owen E.

Cantrell was assigned to House District 10 in error. Owen E. Cantrell voted in the May 22, 2018

General Primary Election.

42.

Richard Allen Smith resides at 294 Wilson Rd, Cornelia, GA 30531-5560, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Richard Allen Smith was

assigned to House District 10 in error. Richard Allen Smith voted in the May 22, 2018 General

Primary Election.

43.

Jana Celeste Ward resides at 436 Ansley Rd, Demorest, GA 30535-5101, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

-11-
District 28. However, Georgia voter registration records show that Jana Celeste Ward was

assigned to House District 10 in error. Jana Celeste Ward voted in the May 22, 2018 General

Primary Election.

44.

Doris E. Wilson resides at 349 Wilson Rd, Cornelia, GA 30531-5567, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Doris E. Wilson was

assigned to House District 10 in error. Doris E. Wilson voted in the May 22, 2018 General

Primary Election.

45.

Donna S. Cantrell resides at 4988 Highway 197 S., Mount Airy, GA 30563-2442,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kenneth

Eugene Brooksher was assigned to House District 10 in error. Donna S. Cantrell voted in the

May 22, 2018 General Primary Election.

46.

Sheri Laine Allen resides at 472 Linwood Dr, Demorest, GA 30535-5373, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Sheri Laine Allen was

assigned to House District 10 in error. Sheri Laine Allen voted in the May 22, 2018 General

Primary Election.

-12-
47.

Kale Brandon Allen resides at 472 Linwood Dr Apt F, Demorest, GA 30535-5373,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kale Brandon

Allen was assigned to House District 10 in error. Kale Brandon Allen voted in the May 22, 2018

General Primary Election.

48.

Justin Wayne Andersen resides at 435 Linwood Dr, Demorest, GA 30535-5369,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Justin Wayne

Andersen was assigned to House District 10 in error. Justin Wayne Andersen voted in the May

22, 2018 General Primary Election.

49.

Carol Susan Arrington resides at 375 Linwood Dr, Demorest, GA 30535-5371,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Carol Susan

Arrington was assigned to House District 10 in error. Carol Susan Arrington voted in the May

22, 2018 General Primary Election.

50.

Brian L. Ausburn resides at 312 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Brian L.

-13-
Ausburn was assigned to House District 10 in error. Brian L. Ausburn voted in the May 22,

2018 General Primary Election.

51.

Kelly L. Ausburn resides at 312 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kelly L.

Ausburn was assigned to House District 10 in error. Kelly L. Ausburn voted in the May 22,

2018 General Primary Election.

52.

Billy Lewis Barnhill resides at 378 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Billy Lewis

Barnhill was assigned to House District 10 in error. Billy Lewis Barnhill voted in the May 22,

2018 General Primary Election.

53.

Kellie Carpenter Gosnell resides at 299 Ansley Rd, Demorest, GA 30535-5104,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kellie

Carpenter Gosnell was assigned to House District 10 in error. Kellie Carpenter Gosnell voted in

the May 22, 2018 General Primary Election.

54.

Benjamen Jock Gosnell resides at 299 Ansley Rd, Demorest, GA 30535-5104,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

-14-
Georgia House District 28. However, Georgia voter registration records show that Benjamen

Jock Gosnell was assigned to House District 10 in error. Benjamen Jock Gosnell voted in the

May 22, 2018 General Primary Election.

55.

Sharon Dianna Harris resides at 220 Chenocetah Dr, Cornelia, GA 30531-3805,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Sharon

Dianna Harris was assigned to House District 10 in error. Sharon Dianna Harris voted in the

May 22, 2018 General Primary Election.

56.

Marvin Russell Harris resides at 220 Chenocetah Dr, Cornelia, GA 30531-3805,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Marvin

Russell Harris was assigned to House District 10 in error. Marvin Russell Harris voted in the

May 22, 2018 General Primary Election.

57.

Joey Dale Mcclellon resides at 104 Wilson Rd, Cornelia, GA 30531-5538, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Joey Dale Mcclellon was

assigned to House District 10 in error. Joey Dale Mcclellon voted in the May 22, 2018 General

Primary Election.

-15-
58.

Kimberly Leah Mikowski resides at 393 Linwood Dr, Demorest, GA 30535-5371,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Kimberly

Leah Mikowski was assigned to House District 10 in error. Kimberly Leah Mikowski voted in

the May 22, 2018 General Primary Election.

59.

Lyndell Rose Pollack resides at 378 Sterling Meadows Ct, Demorest, GA 30535-5196,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Lyndell Rose

Pollack was assigned to House District 10 in error. Lyndell Rose Pollack voted in the May 22,

2018 General Primary Election.

60.

Marianne J. Smith resides at 420 Wilson Rd, Cornelia, GA 30531-5935, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Marianne J. Smith was

assigned to House District 10 in error. Marianne J. Smith voted in the May 22, 2018 General

Primary Election.

61.

David Terrell Squires resides at 400 Sterling Meadows Ct, Demorest, GA 30535-5197,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that David Terrell

-16-
Squires was assigned to House District 10 in error. David Terrell Squires voted in the May 22,

2018 General Primary Election.

62.

Cathy June Squires resides at 400 Sterling Meadows Ct, Demorest, GA 30535-5197,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Cathy June

Squires was assigned to House District 10 in error. Cathy June Squires voted in the May 22,

2018 General Primary Election.

63.

Ladonna S. Canup resides at 254 Turnerville Corner, Clarkesville, GA 30523,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Ladonna S.

Canup was assigned to House District 10 in error. Ladonna S. Canup voted in the May 22, 2018

General Primary Election.

64.

James G. Hamilton, Jr. resides at 4898 Highway 197 S., Mount Airy, GA 30563-2442,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that James G.

Hamilton, Jr. was assigned to House District 10 in error. James G. Hamilton, Jr. voted in the

May 22, 2018 General Primary Election.

65.

George Chandler Dean resides at 115 Middleton Pl, Clarkesville, GA 30523-3317,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

-17-
Georgia House District 28. However, Georgia voter registration records show that George

Chandler Dean was assigned to House District 10 in error. George Chandler Dean voted in the

May 22, 2018 General Primary Election.

66.

Lisa J. Dean resides at 115 Middleton Pl, Clarkesville, GA 30523-3317, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Lisa J. Dean was assigned to

House District 10 in error. Lisa J. Dean voted in the May 22, 2018 General Primary Election.

67.

Helen M. Decker resides at 139 Midland Dr, Clarkesville, GA 30523-3389, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Helen M. Decker was

assigned to House District 10 in error. Helen M. Decker voted in the May 22, 2018 General

Primary Election.

68.

Clarence C. Decker resides at 139 Midland Dr, Clarkesville, GA 30523-3389, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Clarence C. Decker was

assigned to House District 10 in error. Clarence C. Decker voted in the May 22, 2018 General

Primary Election.

69.

Patricia G. Bower resides at 564 Middleton Pl, Clarkesville, GA 30523-3368, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

-18-
District 28. However, Georgia voter registration records show that Patricia G. Bower was

assigned to House District 10 in error. Patricia G. Bower voted in the May 22, 2018 General

Primary Election.

70.

Pamela C. Hamilton resides at 4898 Highway 197 S., Mount Airy, GA 30563, 2442,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 28. However, Georgia voter registration records show that Pamela C.

Hamilton was assigned to House District 10 in error. Pamela C. Hamilton voted in the May 22,

2018 General Primary Election.

Voters Assigned to HD 28 that Live in HD 10

71.

Robert B. Hilton resides at 1424 W Glade Creek Rd, Clarkesville, GA 30523-4314,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Robert B.

Hilton was assigned to House District 28 in error. Robert B. Hilton voted in the May 22, 2018

General Primary Election.

72.

Debra E. Wood resides at 1350 Hollywood Church Rd, Clarkesville, GA 30523-3928,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Debra E.

Wood was assigned to House District 28 in error. Debra E. Wood voted in the May 22, 2018

General Primary Election.

-19-
73.

David Allen Wood resides at 1350 Hollywood Church Rd, Clarkesville, GA 30523-3928,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that David Allen

Wood was assigned to House District 28 in error. David Allen Wood voted in the May 22, 2018

General Primary Election.

74.

Betty Jane May resides at 1273 Hollywood Church Rd, Clarkesville, GA 30523-3919,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Betty Jane

May was assigned to House District 28 in error. Betty Jane May voted in the May 22, 2018

General Primary Election.

75.

John Butler, Jr. resides at 615 W. Glade Creek Rd., Clarkesville, GA 30523-4318,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that John Butler,

Jr. was assigned to House District 28 in error. John Butler, Jr. voted in the May 22, 2018

General Primary Election.

76.

Marcus W. Pickelsimer resides at 845 Hollywood Church Rd, Clarkesville, GA 30523-

3949, Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Marcus W.

-20-
Pickelsimer was assigned to House District 28 in error. Marcus W. Pickelsimer voted in the May

22, 2018 General Primary Election.

77.

Christopher Nathaniel Woods resides at 840 Hollywood Church Rd, Clarkesville, GA

30523, Habersham County. Exhibit “A” demonstrates that this address is within the boundaries

of Georgia House District 10. However, Georgia voter registration records show that

Christopher Nathaniel Woods was assigned to House District 28 in error. Christopher Nathaniel

Woods voted in the May 22, 2018 General Primary Election.

78.

Thomas Hayne Cooper resides at 770 Hollywood Church Rd, Clarkesville, GA 30523-

3979, Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Thomas

Hayne Cooper was assigned to House District 28 in error. Thomas Hayne Cooper voted in the

May 22, 2018 General Primary Election.

79.

Margaret Helen Pollard resides at 155 Hollywood Church Rd, Clarkesville, GA 30523-

3914, Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Margaret

Helen Pollard was assigned to House District 28 in error. Margaret Helen Pollard voted in the

May 22, 2018 General Primary Election.

80.

Joshua Neil Jones resides at 231 Dry Fls, Clarkesville, GA 30523-3395, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

-21-
District 10. However, Georgia voter registration records show that Joshua Neil Jones was

assigned to House District 28 in error. Joshua Neil Jones voted in the May 22, 2018 General

Primary Election.

81.

Angela A. Young resides at 188 Dry Fls, Clarkesville, GA 30523-3338, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 10. However, Georgia voter registration records show that Angela A. Young was

assigned to House District 28 in error. Angela A. Young voted in the May 22, 2018 General

Primary Election.

82.

James William Webb resides at 101 Tomahawk Dr, Clarkesville, GA 30523, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 10. However, Georgia voter registration records show that James William Webb was

assigned to House District 28 in error. James William Webb voted in the May 22, 2018 General

Primary Election.

83.

Karen Holbrook Webb resides at 101 Tomahawk Dr, Clarkesville, GA 30523,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Karen

Holbrook Webb was assigned to House District 28 in error. Karen Holbrook Webb voted in the

May 22, 2018 General Primary Election.

-22-
84.

James C. Ferraro, Jr. resides at 212 Rockford Far, Rd., Clarkesville, 30523-8619,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that James C.

Ferraro, Jr. was assigned to House District 28 in error. James C. Ferraro, Jr. voted in the May

22, 2018 General Primary Election.

85.

Keith D. Ivester resides at 3517 Hollywood Hwy, Clarkesville, GA 30523-4871,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Keith D.

Ivester was assigned to House District 28 in error. Keith D. Ivester voted in the May 22, 2018

General Primary Election.

86.

Darryl Wayne Garrett resides at 3151 Hollywood Hwy, Clarkesville, GA 30523-4812,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Darryl

Wayne Garrett was assigned to House District 28 in error. Darryl Wayne Garrett voted in the

May 22, 2018 General Primary Election.

87.

Patricia Stephens Garrett resides at 3151 Hollywood Hwy, Clarkesville, GA 30523-4812,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Patricia

-23-
Stephens Garrett was assigned to House District 28 in error. Patricia Stephens Garrett voted in

the May 22, 2018 General Primary Election.

88.

Renee Hand Morris resides at 3045 Hollywood Hwy, Clarkesville, GA 30523-4869,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Renee Hand

Morris was assigned to House District 28 in error. Renee Hand Morris voted in the May 22,

2018 General Primary Election.

89.

Sheila M. Ferraro resides at 212 Rockford Farm Rd., Clarkesville, GA 30523-8619,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Sheila M.

Ferraro was assigned to House District 28 in error. Sheila M. Ferraro voted in the May 22, 2018

General Primary Election.

90.

David B. Franklin resides at 298 Grey Fox Trl, Clarkesville, GA 30523-3975, Habersham

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 10. However, Georgia voter registration records show that David B. Franklin was

assigned to House District 28 in error. David B. Franklin voted in the May 22, 2018 General

Primary Election.

91.

Tina Michelle Franklin resides at 298 Grey Fox Trl, Clarkesville, GA 30523-3975,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

-24-
Georgia House District 10. However, Georgia voter registration records show that Tina Michelle

Franklin was assigned to House District 28 in error. Tina Michelle Franklin voted in the May

22, 2018 General Primary Election.

92.

Donald N. Gaultney resides at 3259 Hollywood Highway, Clarkesville, GA 30523-4870,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Donald N.

Gaultney was assigned to House District 28 in error. Donald N. Gaultney voted in the May 22,

2018 General Primary Election.

93.

Chester T. Gragg resides at 4001 Hollywood Highway, Clarkesville, GA 30523-4860,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Chester T.

Gragg was assigned to House District 28 in error. Chester T. Gragg voted in the May 22, 2018

General Primary Election.

94.

Denise W. Ivester resides at 3517 Hollywood Highway, Clarkesville, GA 30523-4871,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Denise W.

Ivester was assigned to House District 28 in error. Denise W. Ivester voted in the May 22, 2018

General Primary Election.

-25-
95.

Catherine B. Simpson Wiles resides at 569 Chenocetah Drive, Cornelia, GA 30531-4458,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Catherine B.

Simpson Wiles was assigned to House District 28 in error. Catherine B. Simpson Wiles voted in

the May 22, 2018 General Primary Election.

96.

Holly O. Sparrow resides at 303 Mountain Vista, Clarkesville, GA 30523-3950,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Holly O.

Sparrow was assigned to House District 28 in error. Holly O. Sparrow voted in the May 22,

2018 General Primary Election.

97.

Michael D. Wiles resides at 303 Mountain Vista, Clarkesville, GA 30523-3950,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Michael D.

Wiles was assigned to House District 28 in error. Michael D. Wiles voted in the May 22, 2018

General Primary Election.

98.

Angela Simmons Butler resides at 615 W Glade Creek Rd, Clarkesville, GA 30523-4318,

Habersham County. Exhibit “A” demonstrates that this address is within the boundaries of

Georgia House District 10. However, Georgia voter registration records show that Angela

-26-
Simmons Butler was assigned to House District 28 in error. Angela Simmons Butler voted in the

May 22, 2018 General Primary Election.

Voters Assigned to HD 32 that Live in HD 28

99.

Vicki L. Glaze resides at 125 Akins Bridge Road, Eastanollee, GA 30538-1412, Franklin

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Angela Simmons Butler was

assigned to House District 32 in error. Angela Simmons Butler voted in the May 22, 2018

General Primary Election.

100.

Ben R. Glaze resides at 125 Akins Bridge Road, Eastanollee, GA 30538-1412, Franklin

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Ben R. Glaze was assigned to

House District 32 in error. Ben R. Glaze voted in the May 22, 2018 General Primary Election.

Voters Assigned to HD 31 that Live in HD 28

101.

Amory L. Hall resides at 130 Ellison Street, Maysville, GA 30558-1905, Jackson County.

Exhibit “A” demonstrates that this address is within the boundaries of Georgia House District 28.

However, Georgia voter registration records show that Amory L. Hall was assigned to House

District 31 in error. Amory L. Hall voted in the May 22, 2018 General Primary Election.

-27-
Voters Assigned to HD 32 that Live in HD 28

102.

Susan E. Herremans resides at 599 Ridgeland Road, Eastanollee, 30538-2732, Stephens

County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia House

District 28. However, Georgia voter registration records show that Susan E. Herremans was

assigned to House District 32 in error. Susan E. Herremans voted in the May 22, 2018 General

Primary Election.

103.

Frank J. Herremans resides at 599 Ridgeland Road, Eastanollee, GA 30538-2732,

Stephens County. Exhibit “A” demonstrates that this address is within the boundaries of Georgia

House District 28. However, Georgia voter registration records show that Frank J. Herremans

was assigned to House District 32 in error. Frank J. Herremans voted in the May 22, 2018

General Primary Election.

104.

Jean L. Herron resides at 640 Griffin Road, Martin, GA 30557-2955, Stephens County.

Exhibit “A” demonstrates that this address is within the boundaries of Georgia House District 28.

However, Georgia voter registration records show that Jean L. Herron was assigned to House

District 32 in error. Jean L. Herron voted in the May 22, 2018 General Primary Election.

LEGAL ANALYSIS

Overview of Legal Framework for Election Contests

105.

O.C.G.A. § 21-2-520 et seq. permits candidates to contest the result of primary elections

in Georgia.

-28-
106.

O.C.G.A. § 21-2-522 establishes that elections may be contested on one or more of the

following grounds:

(1) Misconduct, fraud, or irregularity by any primary or election official or officials

sufficient to change or place in doubt the result;

(2) When the defendant is ineligible for the nomination or office in dispute;

(3) When illegal votes have been received or legal votes rejected at the polls sufficient to

change or place in doubt the result;

(4) For any error in counting the votes or declaring the result of the primary or election,

if such error would change the result; or

(5) For any other cause which shows that another was the person legally nominated,

elected, or eligible to compete in a run-off primary or election.

107.

O.C.G.A. § 21-2-527 establishes that a court has the power to declare an election invalid

and can call for a second election.

Count I: Misconduct and Irregularities by Election Officials

108.

The Boards systematically assigned voters to the wrong State House districts.

109.

Wrong district assignments caused voters residing in HD 10 and HD 32 to vote in the HD

28 election. These irregularities caused illegal votes to be cast in the Election. Wrong district

assignments also caused voters residing in HD 28 to vote in the HD 10, 31, and HD 32 elections.

-29-
These irregularities disenfranchised HD 28 voters by denying them their right to vote in the

Election.

110.

As a result, irregularities and misconduct in voting were created in HD 10, HD 28, HD

31, and HD 32 as voters in these districts could not vote for their correct State House races.

Voters in these districts were forced to vote for the wrong candidates because they did not have

the correct ballots.

111.

Voters in HD 28, many of whom have stated that they would vote for Mr. Gasaway,

could not do so.

112.

Voters in districts other than HD 28 improperly voted in HD 28, directly effecting the

result of the Election.

113.

At least 404 misassignments have been found, and at least 75 voters voted in the wrong

election.

114.

Only 67 votes decided the Election.

115.

At least 75 votes resulted from irregularities, when only 67 votes decided the Election.

These 75 votes are sufficient to change or place in doubt the result. Thus, the Election should be

set aside and a new election ordered.

-30-
Count II: Illegal Votes Cast in the Election

116.

The Boards systematically assigned voters to the wrong state house districts.

117.

Wrong district assignments caused voters residing in HD 10 and HD 32 to vote in the HD

28 election. These irregularities caused illegal votes to be cast in the Election. Wrong district

assignments also caused voters residing in HD 28 to vote in the HD 10, 31, and HD 32 elections.

These irregularities disenfranchised HD 28 voters by denying them their right to vote in the

Election and causing illegal votes to be cast.

118.

Thus, voters in HD 10, HD 28, HD 31, and HD 32 voted in the wrong election. These

votes are illegal, as they were made by inelligible voters.

119.

At least 404 misassignments have been found, and at least 75 voters voted in the wrong

election making those votes illegal.

120.

Only 67 votes decided the Election.

121.

At least 75 illegal votes were received, when only 67 votes decided the Election. These

illegal votes are sufficient to change or place in doubt the Election’s result. Thus, the Election

should be set aside and a new election ordered.

Prayer for Relief

WHEREFORE, Gasaway respectfully requests that:

-31-
(a) The May 22, 2018 Republican Party General Primary Election for Georgia House

of Representatives District 28 be set aside and voided and a new election ordered;

(b) The Court order Habersham County Board of Elections and Registration, the

Stephens County Board of Elections and Registration, the Banks County Board of Elections and

Registration, the Franklin County Board of Elections and Registration, and the Jackson County

Board of Elections and Registration to correct the voter rolls by allocating voters to their correct

legislative districts;

(b) The Petition be decided by the Court in a bench trial;

(c) The Court award Gasaway reasonable attorneys’ fees, litigation expenses, and

other costs incurred by filing this Petition as permitted under O.C.G.A. § 21-2-529;

(d) The Court award Gasaway such other, further, and different relief as the Court

may deem just and proper.

Respectfully submitted this 20th day of June 2018.

Jake Evans
Georgia Bar No. 797018
Russell Rogers
Georgia Bar No. 002278
THOMPSON HINE LLP
3560 Lenox Road, Suite 1600
Atlanta, Georgia 30326
(404) 541-2900 – Main
(404) 541-2905 – Facsimile
Attorneys for Petitioner Dan Gasaway

-32-
CERTIFICATE OF SERVICE FOR STATE ELECTION BOARD

This is to certify that on this date, pursuant to O.C.G.A. § 21-2-524(b), this Petition was

served on the Chairman of the State Election Board, Brian Kemp, by certified mail.

This 20th Day of June 2018.

Jake Evans
Georgia Bar No. 797018
Russell Rogers
Georgia Bar No. 002278
THOMPSON HINE LLP
3560 Lenox Road, Suite 1600
Atlanta, Georgia 30326
(404) 541-2900 – Main
(404) 541-2905 – Facsimile
Attorneys for Petitioner Dan Gasaway
EXHIBIT A
EXHIBIT B
Errors By House District
010 (41)
R
RAAB
BUUN
N
028 (31)
031 (1)
032 (2)

008

010
010

028
028 010
010
028
028
028 028
028 028010
010
010
010
028
028
028
028
028 028
028 028
028
028
028
028
028
028
028
028
028028
028
028
028
028
028

H
HAAB
BEER
RSSH
HAAM
M

010
010
010010
010
010
010 010

010
010
010 S
S TT E
EPPH
HEEN
NSS
010
010
010
010
010

010
010
010
010
010
010
010
010

010 010
010
010
010
028
028
032
032
028
028
028

028
028

027
032

FF R
RAAN
NKK LL II N
N

B
BAAN
NKKS
S

031
031

031

M
MAAD
D II S
SOON
N
JJ A
ACCK
KSSO
ONN
EXHIBIT C
EXHIBIT “D”
House District 10 Voters that should be in House District 28

FIRST MIDDLE LAST ADDRESS CITY STATE ZIP


John William Kaniewski 411 Linwood Dr Demorest GA 30535-5369
Charles M. Miller 386 Chenocetah Dr Cornelia GA 30531-3807
Sarah E. Smith 294 Wilson Rd Cornelia GA 30531-5560
Casey Aaron Dover 253 Sterling Meadows Dr Demorest GA 30535-5195
Alice Cates Dover 253 Sterling Meadows Dr Demorest GA 30535-5195
Katie Joy Hartrick 620 Elderberry Ct Demorest GA 30535-5374
Ryan Nicholas Hartrick 620 Elderberry Ct Demorest GA 30535-5374
Barbara Harper King 321 Sterling Meadows Ct Demorest GA 30535-5196
Kevin Nelson King 321 Sterling Meadows Ct Demorest GA 30535-5196
Dustin Thomas Mealor 408 Chenocetah Dr Cornelia GA 30531-3854
Hope Green Mealor 408 Chenocetah Dr Cornelia GA 30531-3854
Pam W. Miller 386 Chenocetah Dr Cornelia GA 30531-3807
Richard Allen Smith 294 Wilson Rd Cornelia GA 30531-5560
Jana Celeste Ward 436 Ansley Rd Demorest GA 30535-5101
Doris E. Wilson 349 Wilson Rd Cornelia GA 30531-5567
Kenneth Eugene Brooksher 574 Grand Ave Cornelia GA 30531-3813
Sheri Laine Allen 472 Linwood Dr Demorest GA 30535-5373
Kale Brandon Allen 472 Linwood Dr Apt F Demorest GA 30535-5373
Justin Wayne Andersen 435 Linwood Dr Demorest GA 30535-5369
Carol Susan Arrington 375 Linwood Dr Demorest GA 30535-5371
Brian L. Ausburn 312 Sterling Meadows Ct Demorest GA 30535-5196
Kelly L. Ausburn 312 Sterling Meadows Ct Demorest GA 30535-5196
Billy Lewis Barnhill 378 Sterling Meadows Ct Demorest GA 30535-5196
Kellie Carpenter Gosnell 299 Ansley Rd Demorest GA 30535-5104
Benjamen Jock Gosnell 299 Ansley Rd Demorest GA 30535-5104
Sharon Dianna Harris 220 Chenocetah Dr Cornelia GA 30531-3805
Marvin Russell Harris 220 Chenocetah Dr Cornelia GA 30531-3805
Joey Dale Mcclellon 104 Wilson Rd Cornelia GA 30531-5538
Kimberly Leah Mikowski 393 Linwood Dr Demorest GA 30535-5371
Lyndell Rose Pollack 378 Sterling Meadows Ct Demorest GA 30535-5196
Marianne J. Smith 420 Wilson Rd Cornelia GA 30531-5935
David Terrell Squires 400 Sterling Meadows Ct Demorest GA 30535-5197
FIRST MIDDLE LAST ADDRESS CITY STATE ZIP
Cathy June Squires 400 Sterling Meadows Ct Demorest GA 30535-5197
Gerald E. Murphy 287 Double Bridge Rd Demorest GA 30535
Mary S. Murphy 287 Double Bridge Rd Demorest GA 30535
George Chandler Dean 115 Middleton Pl Clarkesville GA 30523-3317
Lisa J. Dean 115 Middleton Pl Clarkesville GA 30523-3317
Helen M. Decker 139 Midland Dr Clarkesville GA 30523-3389
Clarence C. Decker 139 Midland Dr Clarkesville GA 30523-3389
Patricia G. Bower 564 Middleton Pl Clarkesville GA 30523-3368
Kathy H. Carpenter 287 Morgan Dr Clarkesville GA 30523-3933
Thurman Lee Carpenter 287 Morgan Dr Clarkesville GA 30523-3933
Donald Stuart Higginbotham 1002 Thacker Rd Clarkesville GA 30523
Nancy M. Higginbotham 1002 Thacker Rd Clarkesville GA 30523
Ray E. Camp 156 Midland Ct Clarkesville GA 30523-3352
House District 28 Voters that should be in House District 10

FIRST NAME MIDDLE NAME LAST NAME ADDRESS CITY STATE ZIP
Robert B. Hilton 1424 W Glade Creek Rd Clarkesville GA 30523-4314
Debra E. Wood 1350 Hollywood Church Rd Clarkesville GA 30523-3928
David Allen Wood 1350 Hollywood Church Rd Clarkesville GA 30523-3928
Betty Jane May 1273 Hollywood Church Rd Clarkesville GA 30523-3919
Lisa Michele Pickelsimer 845 Hollywood Church Rd Clarkesville GA 30523-3949
Marcus W. Pickelsimer 845 Hollywood Church Rd Clarkesville GA 30523-3949
Christopher Nathaniel Woods 840 Hollywood Church Rd Clarkesville GA 30523
Thomas Hayne Cooper 770 Hollywood Church Rd Clarkesville GA 30523-3979
Margaret Helen Pollard 155 Hollywood Church Rd Clarkesville GA 30523-3914
Joshua Neil Jones 231 Dry Fls Clarkesville GA 30523-3395
Angela A. Young 188 Dry Fls Clarkesville GA 30523-3338
James William Webb 101 Tomahawk Dr Clarkesville GA 30523
Karen Holbrook Webb 101 Tomahawk Dr Clarkesville GA 30523
Ronald Lamar Carroll 126 Jasmine Trl Clarkesville GA 30523
Keith D. Ivester 3517 Hollywood Hwy Clarkesville GA 30523-4871
Darryl Wayne Garrett 3151 Hollywood Hwy Clarkesville GA 30523-4812
Patricia Stephens Garrett 3151 Hollywood Hwy Clarkesville GA 30523-4812
Renee Hand Morris 3045 Hollywood Hwy Clarkesville GA 30523-4869
Flora Argen Hicks 2497 Hollywood Hwy Clarkesville GA 30523-4864
David B. Franklin 298 Grey Fox Trl Clarkesville GA 30523-3975
Tina Michelle Franklin 298 Grey Fox Trl Clarkesville GA 30523-3975
Angela Simmons Butler 615 W Glade Creek Rd Clarkesville GA 30523-4318
EXHIBIT E
EXHIBIT F
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
Assigned to 32 should be 28 (2)

COUNTY CORRECT
ASSIGNED COUNTY
OF
RESIDENCE
FRANKLIN STEPHENS GLAZE BEN RICHARD 125 AKINS EASTANOLLEE
BRIDGE
RD
FRANKLIN STEPHENS GLAZE VICKI L 125 AKINS EASTANOLLEE
BRIDGE
RD

Assigned to 10 should be 28 (41)

30535-
HABERSHAM HABERSHAM ALLEN SHERI LAINE 472 LINWOOD DR DEMOREST 5373
30535-
HABERSHAM HABERSHAM ANDERSEN JUSTIN WAYNE 435 LINWOOD DR DEMOREST 5369
30535-
HABERSHAM HABERSHAM ARRINGTON CAROL SUSAN 375 LINWOOD DR DEMOREST 5371
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM AUSBURN BRIAN L 312 CT DEMOREST 5196
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM AUSBURN KELLY L 312 CT DEMOREST 5196
STERLING
RYAN MEADOWS 30535-
HABERSHAM HABERSHAM AUSBURN SAMUEL ALEXANDER 312 CT DEMOREST 5196
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM BARNHILL BILLY LEWIS 378 CT DEMOREST 5196
HABERSHAM HABERSHAM BOWER PATRICIA G 564 MIDDLETON CLARKESVILLE 30523-
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
PL 3368
HIGHWAY 30563-
HABERSHAM HABERSHAM CANTRELL OWEN E 4988 197 S MOUNT AIRY 2442
HIGHWAY 30563-
HABERSHAM HABERSHAM CANTRELL DONNA S 4988 197 S MOUNT AIRY 2442
TURNERVILLE
HABERSHAM HABERSHAM CANUP LADONNA SHARETT 254 CORNER CLARKESVILLE 30523
MIDDLETON 30523-
HABERSHAM HABERSHAM DEAN GEORGE CHANDLER 115 PL CLARKESVILLE 3317
MIDDLETON 30523-
HABERSHAM HABERSHAM DEAN LISA J 115 PL CLARKESVILLE 3317
30523-
HABERSHAM HABERSHAM DECKER HELEN M 139 MIDLAND DR CLARKESVILLE 3389
30523-
HABERSHAM HABERSHAM DECKER CLARENCE C JR 139 MIDLAND DR CLARKESVILLE 3389
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM DOVER CASEY AARON 253 CT DEMOREST 5195
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM DOVER ALICE CATES 253 CT DEMOREST 5195
30535-
HABERSHAM HABERSHAM GOSNELL KELLIE CARPENTER 299 ANSLEY RD DEMOREST 5104
30535-
HABERSHAM HABERSHAM GOSNELL BENJAMEN JOCK 299 ANSLEY RD DEMOREST 5104
HIGHWAY 30563-
HABERSHAM HABERSHAM HAMILTON JAMES G JR 4898 197 S MOUNT AIRY 2442
HIGHWAY 30563-
HABERSHAM HABERSHAM HAMILTON PAMELA C 4898 197 S MOUNT AIRY 2442
CHENOCETAH 30531-
HABERSHAM HABERSHAM HARRIS SHARON DIANNA 220 DR CORNELIA 3805
CHENOCETAH 30531-
HABERSHAM HABERSHAM HARRIS MARVIN RUSSELL 220 DR CORNELIA 3805
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
ELDERBERRY 30535-
HABERSHAM HABERSHAM HARTRICK KATIE JOY 620 CT DEMOREST 5374
ELDERBERRY 30535-
HABERSHAM HABERSHAM HARTRICK RYAN NICHOLAS 620 CT DEMOREST 5374
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM KING BARBARA HARPER 321 CT DEMOREST 5196
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM KING KEVIN NELSON 321 CT DEMOREST 5196
30531-
HABERSHAM HABERSHAM MCCLELLON JOEY DALE 104 WILSON RD CORNELIA 5538
CHENOCETAH 30531-
HABERSHAM HABERSHAM MEALOR DUSTIN THOMAS 408 DR CORNELIA 3854
CHENOCETAH 30531-
HABERSHAM HABERSHAM MEALOR HOPE GREEN 408 DR CORNELIA 3854
30535-
HABERSHAM HABERSHAM MIKOWSKI KIMBERLY LEAH 393 LINWOOD DR DEMOREST 5371
CHENOCETAH 30531-
HABERSHAM HABERSHAM MILLER CHARLES M 386 DR CORNELIA 3807
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM POLLACK LYNDELL ROSE 378 CT DEMOREST 5196
30531-
HABERSHAM HABERSHAM SMITH MARIANNE J 420 WILSON RD CORNELIA 5935
30531-
HABERSHAM HABERSHAM SMITH RICHARD ALLEN 294 WILSON RD CORNELIA 5560
30531-
HABERSHAM HABERSHAM SMITH SARAH E 294 WILSON RD CORNELIA 5560
STERLING
MEADOWS 30535-
HABERSHAM HABERSHAM SQUIRES DAVID TERRELL 400 CT DEMOREST 5197
HABERSHAM HABERSHAM SQUIRES CATHY JUNE 400 STERLING DEMOREST 30535-
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
MEADOWS 5197
CT
30535-
HABERSHAM HABERSHAM WARD JANA CELESTE 436 ANSLEY RD DEMOREST 5101
30531-
HABERSHAM HABERSHAM WILSON DORIS E 349 WILSON RD CORNELIA 5567
30535-
HABERSHAM HABERSHAM ALLEN Kale Brian 472 LINWOOD DR DEMOREST 5373

Assigned to 28 should be 10 (28)

HABERSHAM HABERSHAM BUTLER ANGELA SIMMONS 615 W GLADE CLARKESVILLE 30523-


CREEK RD 4318
HABERSHAM HABERSHAM BUTLER JOHN JR 615 W GLADE CLARKESVILLE 30523-
CREEK RD 4318
HABERSHAM HABERSHAM COOPER THOMAS HAYNE 770 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3979
HABERSHAM HABERSHAM FERRARO JAMES C JR 212 ROCKFORD CLARKESVILLE 30523-
FARM RD 8619
HABERSHAM HABERSHAM FERRARO SHEILA MULLIGAN 212 ROCKFORD CLARKESVILLE 30523-
FARM RD 8619
HABERSHAM HABERSHAM FRANKLIN DAVID B 298 GREY FOX CLARKESVILLE 30523-
TRL 3975
HABERSHAM HABERSHAM FRANKLIN TINA MICHELLE 298 GREY FOX CLARKESVILLE 30523-
TRL 3975
HABERSHAM HABERSHAM GARRETT DARRYL WAYNE 3151 HOLLYWOOD CLARKESVILLE 30523-
HWY 4812
HABERSHAM HABERSHAM GARRETT PATRICIA STEPHENS 3151 HOLLYWOOD CLARKESVILLE 30523-
HWY 4812
HABERSHAM HABERSHAM GAULTNEY DONALD NEIL 3259 HOLLYWOOD CLARKESVILLE 30523-
HWY 4870
HABERSHAM HABERSHAM GRAGG CHESTER THOMAS 4001 HOLLYWOOD CLARKESVILLE 30523-
HWY 4860
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
HABERSHAM HABERSHAM HILTON ROBERT B 1424 W GLADE CLARKESVILLE 30523-
CREEK RD 4314
HABERSHAM HABERSHAM IVESTER KEITH D 3517 HOLLYWOOD CLARKESVILLE 30523-
HWY 4871
HABERSHAM HABERSHAM IVESTER DENISE WATERS 3517 HOLLYWOOD CLARKESVILLE 30523-
HWY 4871
HABERSHAM HABERSHAM JONES JOSHUA NEIL 231 DRY FALLS CLARKESVILLE 30523-
3395
HABERSHAM HABERSHAM MAY BETTY JANE 1273 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3919
HABERSHAM HABERSHAM MORRIS RENEE HAND 3045 HOLLYWOOD CLARKESVILLE 30523-
HWY 4869
HABERSHAM HABERSHAM PICKELSIMER MARCUS W 845 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3949
HABERSHAM HABERSHAM POLLARD MARGARET HELEN 155 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3914
HABERSHAM HABERSHAM SIMPSON CATHERINE BRUCE 569 CHENOCETAH CORNELIA 30531-
WILES DR 4458
HABERSHAM HABERSHAM SPARROW HOLLY ORGILL 303 MOUNTAIN CLARKESVILLE 30523-
VISTA 3950
HABERSHAM HABERSHAM WEBB JAMES WILLIAM 101 TOMAHAWK CLARKESVILLE 30523
DR
HABERSHAM HABERSHAM WEBB KAREN HOLBROOK 101 TOMAHAWK CLARKESVILLE 30523
DR
HABERSHAM HABERSHAM WILES MICHAEL DAMIAN 569 CHENOCETAH CORNELIA 30531-
DR 4458
HABERSHAM HABERSHAM WOOD DEBRA E 1350 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3928
HABERSHAM HABERSHAM WOOD DAVID ALLEN 1350 HOLLYWOOD CLARKESVILLE 30523-
CHURCH RD 3928
HABERSHAM HABERSHAM WOODS CHRISTOPHER NATHANIEL 840 HOLLYWOOD CLARKESVILLE 30523
CHURCH RD
HABERSHAM HABERSHAM YOUNG ANGELA A 188 DRY FALLS CLARKESVILLE 30523-
Dan Gasaway v. Brian Kemp et al.
Civil Action No. 2018-cv-306197
Fulton County Superior Court
3338

Assigned to 31 should be 28 (1)

JACKSON BANKS HALL AMORY LEWIS 130 ELLISON ST MAYSVILLE 30558-1905

Assigned to 28 should be 32 (3)

STEPHENS FRANKLIN HERREMANS SUSAN E 599 RIDGELAND EASTANOLLEE 30538-


RD 2732
STEPHENS FRANKLIN HERREMANS FRANK J 599 RIDGELAND EASTANOLLEE 30538-
RD 2732
STEPHENS FRANKLIN HERRON JEAN L 640 GRIFFIN RD MARTIN 30557-
2955