Judge rejects Republican candidate’s effort for a redo Georgia House election

McCorvey wrote that only 14 improper votes were verified during a three-day trial last month. The judge found there wasn’t evidence showing that 44 additional ineligible voters — the number Wheeler claimed received ballots that included the House District 128 race but lived outside the district — actually voted in the election.

“Succinctly stated, voters being provided with an opportunity to vote in the wrong district does not equate to proof by a preponderance of evidence that such voters actually tainted the election by voting in the election at issue,” McCorvey wrote in his nine-page order.

The ruling preserves a vulnerable Democrat-held seat in the Georgia House of Representatives, where Republicans hold a 100-80 majority. Jackson has represented the rural east Georgia district since 2009.

Wheeler is evaluating whether to appeal McCorvey’s ruling, said her attorney, Jake Evans.

“There appeared to have been mistakes in how the election was administered,” Wheeler said. “I firmly believe that all of our local election workers and volunteers acted in good faith and always aim to produce fair and accurate results. With that said, errors can happen.”

Jackson said he hopes to move on with the business of representing his district.

“I respect the voters,” said Jackson, who lives in Sandersville. “I’m just glad we prevailed. When the judicial system makes a ruling, that’s what I respect.”

Credit: Arvin Temkar/AJC

Credit: Arvin Temkar/AJC

The case focused on mistakes by county election officials who assigned voters to incorrect state House districts before November’s election.

When drawing district lines, county election officials put an entire street within the district when only one side should have been included. In another example, several houses located in a corner outside the district were inadvertently added within its boundary.

During the trial, McDuffie County Elections Director Phyllis Brooks acknowledged some mistakes occurred when district lines moved east after redistricting in 2021. But attorneys for county election officials disputed that voters assigned to incorrect districts were actually given the wrong ballots or voted in the state House race.

More than 1,000 people in House District 128 who cast votes for president declined to participate in the down-ballot race for state House.

None of the 44 voters who voted within House District 128 but lived outside the district were called to testify.

Three people who moved from the district but still voted at their previous address testified that they participated in the race for state House. And 11 additional voters were disenfranchised because they lived in the district but received a ballot that listed a different state House race, the judge ruled.

House Republican Caucus Chairman Bruce Williamson said the GOP hopes to flip the seat from Democratic control in future elections.

“Though we respect today’s court ruling that does not allow for a new election — despite votes proven to be cast from outside the district — we appreciate that Tracy has fought this battle tenaciously," Williamson said. “There’s no doubt that this seat is winnable next cycle.”

The case was the latest legal challenge to a close Georgia election based on allegations that election officials assigned voters to incorrect districts.

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. In Tift County last fall, a school board race decided by just two votes had to be redone because voters in an apartment complex were mapped into the wrong district.

But other court challenges have been unsuccessful.

The Georgia Supreme Court in 2021 upheld an election for Long County probate judge decided by nine votes in which six people voted twice and one lived outside the county.