THOMSON — In a close race for a state House seat in rural east Georgia, errors that put dozens of voters in the wrong district could make the difference.
The map for House District 128 had multiple problems, according to testimony during a three-day trial this week.
In drawing the district lines, election officials put an entire street within the district when only one side should have been included. In another example, several houses in a triangle-shaped wedge were inadvertently added. And in another, some residences were misplaced on maps because addresses were listed as a “road” instead of a “street.”
A judge is considering whether to order a redo election between Democratic state Rep. Mack Jackson and Republican challenger Tracy Wheeler following the trial in McDuffie County.
Credit: Mark Niesse
Credit: Mark Niesse
Jackson received 48 more votes out of 28,000 cast, but Wheeler argued in court that at least 55 voters were misassigned to the incorrect voting districts and three more voters had moved away.
“We have to do what it takes to ensure we properly do an election,” Jake Evans, an attorney for Wheeler, said during his opening statement. “This case is bigger than Ms. Wheeler or Rep. Jackson. This case is about ensuring the democratic principles of America are upheld.”
Under Georgia law, a judge can order a new election when the number of ineligible voters is high enough to put the outcome in doubt.
Jackson said the election results should stand, and his attorneys told the judge that Wheeler hadn’t proved there were enough improper ballots cast.
“When the people speak, I think their votes should be honored,” said Jackson, who lives in Sandersville.
Districting errors have been a problem in Georgia elections for decades, sometimes resulting in new elections. In this case, many of the mistakes occurred when district lines moved east after redistricting in 2021.
In recent years, GPS mapping technology has reduced the number of errors and also made them easier to find when they do occur.
McDuffie County Elections Director Phyllis Brooks acknowledged some of the mistakes during testimony Tuesday.
The secretary of state’s office flagged 93 voter registrations for review before the election, but none of them were changed to different districts at the time. County election officials are responsible for verifying the accuracy of voting districts.
“I guess if there’s anything wrong, at the end of the day the person is charge is the one responsible. As the director, it’s on me,” Brooks said in court.
Attorneys for McDuffie and Warren counties admitted in court filings that at least 50 voters were assigned to incorrect districts, but they disputed that all of them were actually given the wrong ballots and voted in the state House race.
Ineligible voters were labeled “outsiders” who shouldn’t have been allowed to vote in the election, “disenfranchised” voters who live in the district but were given a ballot for a different House race, and “movers” who didn’t change their address after moving elsewhere in the state but still voted in their old district.
Adam Sparks, an attorney for Jackson, said ordering a new election would be a “drastic remedy” that wasn’t justified based on the evidence in this case.
“Overturning the certified choice of the citizens of District 128 necessarily involves throwing out the votes of those Georgia citizens,” Sparks said in his opening statement. “Retroactively disenfranchising voters and challenging their status even after an election has been held, cross-checked and certified, well, it’s becoming more common in Georgia and America.”
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
Several voters who moved away before the election testified that they still voted in House District 128 because they were worried their voter registrations with new addresses wouldn’t be processed in time.
Zachary Hardesty, who moved roughly 60 miles south to Philomath in August, said he called the county election office to ensure he’d be able to participate in the election.
“They said, ‘If you moved, you won’t be able to vote,' and I wanted to vote,” Hardesty said. “I wanted my vote to count. I didn’t think I had done anything wrong. My driver’s license still had my address.”
Judges have ordered new elections several times in recent years.
A North Georgia race for state House had to be held three times in 2018 and 2019 after a judge found ineligible voters had participated in Habersham County.
Last fall, a school board race in Tift County decided by just two votes had to be redone because election officials assigned voters in an apartment complex to the wrong district.
In another case for Long County probate judge, the Georgia Supreme Court upheld the result in 2021 because, even though six people voted twice and one lived outside the county, that was less than the nine-vote margin in the race.
Superior Court Senior Judge Gary McCorvey indicated he could issue a ruling by the end of next week.
If he orders a new election, it could be held this spring or summer. Republicans currently hold a 100-80 advantage in the Georgia House.
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