Dan Gasaway’s lawsuit seeking a third election be held in the District 28 House of Representatives race got under way on Monday.
After seven hours of testimony, the court hearing ended at 5 p.m. with plans to resume at 10 a.m. on Wednesday.
Gasaway is contending that 21 votes were illegal in the Dec. 4 election that he lost by two votes.
That was the second election held for the District 28 seat. Gasaway also filed a lawsuit after the first election contending that illegal votes were cast in that election too, which led to the second election being held.
Gasaway is asking for a third election to be held even though the legislative session is already begun with Chris Erwin being sworn in and serving.
In the court hearing on Monday, Gasaway’s attorney, Jake Evans went over voters who he said voted improperly in the election. Three of the voters also testified about the ballots they cast.
“This case is not about Dan Gasaway; it is not about Chris Erwin,” Evans said. “It is not about House District 28. It is about upholding the democratic principles on which the greatest country on earth was founded. Men gave their life for these principles and it is all of our oblgation to uphold them.
Sandra Denton of Homer testified that when she voted in the second election, she hit “preview” to look over her votes. She said the ballot then popped out of the voter machine. She said she never hit “cast” as is required to complete the voting process. She said she asked if her vote was counted and was told that it was. However, records show that her ballot was not counted.
“I knew that I didn’t hit cast and it upset me,” she said. “It upsets me that I voted and it wasn’t counted.”
Michael Burrell of Mt. Airy testified that when he went to vote he was told that he had already cast a ballot. He said that he did not cast an earlier ballot. He looked at that earlier ballot and said it was not his signature on it.
Burrell reported what happened to Gasaway’s office in Atlanta. After investigation, Evans stated that the earlier vote is the one that was counted.
“My right to vote is very important to me,” Burrell said. “I didn’t like it that my vote wasn’t counted.”
Carrie Akers also testified on the vote she cast in the Dec .4 election. Evans said she has a Cornelia mailing address but lives in Alto.
Patricia Bower and Constance Franklin also testified about their votes in the Dec. 4 election.
“We’re here to make sure elections are property administred,” Evans said.
GASAWAY TESTIFIES
Gasaway also testified on Monday and said he was notified of several errors in the voting process.
“At that point, I was looking for errors,” he said. “We found numerous.”
He said he has had reports of other errors that are not even part of the lawsuit.
“I’ve had people reporting errors to me of disenfranchising in Banks County in the past week that aren’t part of the litigation,” he said.
DEFENDS VOTES
Attorney Brian Tyson stated that all 21 of the votes being contested can be validated.
“Mere speculation is not a reason to overthrow an election,” he said. “There is nothing but speculation in Mr. Gasaway’s allegation.”
COMING UP WEDNESDAY
Court will resume on Wednesday with one of the issues on the agenda is Gasaway’s that Sheriff Carlton Speed’s vote should not be counted since the sheriff does not live in Banks County.
This issue came up several years ago with a ruling that Speed’s property is in the county limits.
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Seabolt named BOE chairman
Anthony Seabolt has been named chairman of the Banks County Board of Education.
The BOE members unanimously voted at a meeting Thursday night for Seabolt to serve in the position.
Shane Roberts was elected to serve as vice chairman of the BOE.
The chairman and vice chairman are elected from the BOE members each January to serve for one year.
For more news from the BOE, see this week's issue of the Banks County News.
The BOE members unanimously voted at a meeting Thursday night for Seabolt to serve in the position.
Shane Roberts was elected to serve as vice chairman of the BOE.
The chairman and vice chairman are elected from the BOE members each January to serve for one year.
For more news from the BOE, see this week's issue of the Banks County News.
BOC approves request for magistrate judge
A request from Banks County magistrate judge Ivan Mote for part-time help in his office was approved by the board of commissioners at the Jan. 8 meeting.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
BOC approves request for magistrate judge
A request from Banks County magistrate judge Ivan Mote for part-time help in his office was approved by the board of commissioners at the Jan. 8 meeting.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
20-year anniversary: Remembering firefighter who lost his life battling church asrson
“It’s been 20 years. Wow, has time flown by. What would I do to talk to you just one more time. If you could see me now, I hope you would be proud to see the life that I have made through all of this pain. It’s been hard but I’ve been O.K. even though you missed so many things.”
It was an emotional moment for the firefighters and family of Loy Williams, the firefighter who died fighting the arson of a Banks County church 20 years ago, when his daughter sang a song she wrote about her father.
At a memorial service on New Year’s Eve, Savanna Thomas sat behind the piano at New Salem United Methodist Church, which was rebuilt following the arson on Dec. 31, 1998, and sang her tribute to her father. She was 9-years-old when he died in the fire.
“I’ll do my best to get through this,” Thomas said. “I wrote this last night. I was going to sing another song but I wanted to write one for him.
Thomas sang, “I was only 9 years old. Just a child. What a heartbreak it was to hear those dreaded words, ‘Your dad is gone, baby,’ is what my mama said as she held by head.’”
After she sang, pagers went off throughout the church as Franklin County 9-1-1 set off the radio pagers for Bold Springs Fire and Rescue in remembrance of Williams on the 20th anniversary of his death.
New Salem UMC was one of five churches set fire by the serial arsonist on a crime spree in December of 1998.
Banks County fire chief Steve Nichols said, “Satan sent that man here to do damage. Loy got caught in it.”
Williams was a volunteer firefighter with the Banks County Fire Department and the Bold Springs Fire Department. He was only 27 when he and his brother, Alvin, heard the call about the fire and rushed to New Salem UMC.
Loy’s brother also spoke at the memorial service.
“I know Loy is up there right now (in Heaven) getting a kick out of all of this attention he is getting,” he said. “The memories of that night are just as strong as if it happened yesterday. That night our family changed forever. We all missed out on so much because of Loy being gone. I miss you, brother.”
He and his brother volunteered as firefighters at the same time and began training.
“Loy was relentless about wanting to train,” Williams said. “He was always wanting to run drills and practice and put on turn-out gear. It usually turned into a competition to see who could put on their turnout gear the fastest. Loy wanted to know everything there was about fighting fires. When he went into it, he went into it whole-heartedly. Loy was one of those who loved it so much he would go hang out at the fire department. He would make sure everything was ready for the next call. He loved these fire trucks as much as any kid loved those fire trucks. As we’ve got new equipment and trucks, I often think about what Loy would have thought about it. He would have been thrilled.”
He said his brother loved the “camaraderie of the firefighters.”
“He enjoyed the camaraderie and brotherhood of the fire department,” he said. “Loy loved to help people. He had a big heart. He wanted to help folks that were down. Loy loved to laugh and have fun. Anyone who ever met Loy, loved Loy. Loy also loved his church. Fire service wasn’t the only thing he loved. He loved his family. The day his daughter was born was the happiest day of his life. He loved our kids. He was always there for them.”
For more on this story and photos from the event, see this week's issue of the Banks County News (Jan. 9, 2019)
It was an emotional moment for the firefighters and family of Loy Williams, the firefighter who died fighting the arson of a Banks County church 20 years ago, when his daughter sang a song she wrote about her father.
At a memorial service on New Year’s Eve, Savanna Thomas sat behind the piano at New Salem United Methodist Church, which was rebuilt following the arson on Dec. 31, 1998, and sang her tribute to her father. She was 9-years-old when he died in the fire.
“I’ll do my best to get through this,” Thomas said. “I wrote this last night. I was going to sing another song but I wanted to write one for him.
Thomas sang, “I was only 9 years old. Just a child. What a heartbreak it was to hear those dreaded words, ‘Your dad is gone, baby,’ is what my mama said as she held by head.’”
After she sang, pagers went off throughout the church as Franklin County 9-1-1 set off the radio pagers for Bold Springs Fire and Rescue in remembrance of Williams on the 20th anniversary of his death.
New Salem UMC was one of five churches set fire by the serial arsonist on a crime spree in December of 1998.
Banks County fire chief Steve Nichols said, “Satan sent that man here to do damage. Loy got caught in it.”
Williams was a volunteer firefighter with the Banks County Fire Department and the Bold Springs Fire Department. He was only 27 when he and his brother, Alvin, heard the call about the fire and rushed to New Salem UMC.
Loy’s brother also spoke at the memorial service.
“I know Loy is up there right now (in Heaven) getting a kick out of all of this attention he is getting,” he said. “The memories of that night are just as strong as if it happened yesterday. That night our family changed forever. We all missed out on so much because of Loy being gone. I miss you, brother.”
He and his brother volunteered as firefighters at the same time and began training.
“Loy was relentless about wanting to train,” Williams said. “He was always wanting to run drills and practice and put on turn-out gear. It usually turned into a competition to see who could put on their turnout gear the fastest. Loy wanted to know everything there was about fighting fires. When he went into it, he went into it whole-heartedly. Loy was one of those who loved it so much he would go hang out at the fire department. He would make sure everything was ready for the next call. He loved these fire trucks as much as any kid loved those fire trucks. As we’ve got new equipment and trucks, I often think about what Loy would have thought about it. He would have been thrilled.”
He said his brother loved the “camaraderie of the firefighters.”
“He enjoyed the camaraderie and brotherhood of the fire department,” he said. “Loy loved to help people. He had a big heart. He wanted to help folks that were down. Loy loved to laugh and have fun. Anyone who ever met Loy, loved Loy. Loy also loved his church. Fire service wasn’t the only thing he loved. He loved his family. The day his daughter was born was the happiest day of his life. He loved our kids. He was always there for them.”
For more on this story and photos from the event, see this week's issue of the Banks County News (Jan. 9, 2019)
Elected officials sworn in
Two members of the board of commissioners and two members of the board of education have been sworn in to serve another term.
Probate Judge Helen Hewell conducted the swearing-in ceremony on Thursday.
Those sworn in to the BOC are: Danny Maxwell and Sammy Reece, both of whom were re-elected by facing opposition in the election in 2018.
Also sworn in were BOE members: Mark Stroud and Shane Roberts.
Roberts was re-elected to serve another four-year term, while Stroud is replacing Rob Boswell, who did not seek re-election.
See this week's issue of the Banks County News for photos from the swearing-in ceremony.
Probate Judge Helen Hewell conducted the swearing-in ceremony on Thursday.
Those sworn in to the BOC are: Danny Maxwell and Sammy Reece, both of whom were re-elected by facing opposition in the election in 2018.
Also sworn in were BOE members: Mark Stroud and Shane Roberts.
Roberts was re-elected to serve another four-year term, while Stroud is replacing Rob Boswell, who did not seek re-election.
See this week's issue of the Banks County News for photos from the swearing-in ceremony.
Flooding reported in county
As heavy rains continue to fall today (Friday), flooding has been reported in Banks County.
"Please use caution when driving, we have standing water in many places," E-9-1-1 director Deidra Moore states. "Moss Mill Road in the area of Flat Rock Road is flooded near the creek crossing and the Banks County Road Department is closing it down."
Moore asks county residents to report any flooded areas they come into contact with as signs will be posted on the site.
A flash flood warning is in place through Saturday.
"Please use caution when driving, we have standing water in many places," E-9-1-1 director Deidra Moore states. "Moss Mill Road in the area of Flat Rock Road is flooded near the creek crossing and the Banks County Road Department is closing it down."
Moore asks county residents to report any flooded areas they come into contact with as signs will be posted on the site.
A flash flood warning is in place through Saturday.
Gasaway claims sheriff doesn’t live in Banks County
Dan Gasaway is claiming in a lawsuit he filed contesting the District 28 House election that the sheriff does not live in Banks County.
The latest lawsuit filed by Gasaway alleges that seven votes that were cast in the District 28 House of Representatives election came from people living outside the district. He claims that three of those votes were from Sheriff Carlton Speed, his wife and his son.
Sheriff Speed strongly denies this in a post Thursday on the Banks County Sheriff’s Office Facebook page.
“The land and house that we reside in and own is located solely in Banks County,” Sheriff Speed said. “I have held the Office of Sheriff for almost two terms and have all intentions to seek a third term to serve the people of Banks County. My residential status is supported by official tax documents, Banks County GIS mapping department records, and all business conducted through my personal accounts.”
The sheriff adds, that, “Unfortunately, Google Maps doesn’t put my residence in Banks County. Google Maps will be the first to state that it is an unofficial source of information. As most of us know, we don’t believe everything that we read on the Internet.”
The sheriff also states, “Speaking on behalf of my wife and children, we find it insulting and humiliating that Mr. Gasaway would attack our family and seek my job at the holidays for a political position. I look forward to continuing as YOUR Sheriff and appreciate all of the community support through this accusation.”
For more on this story, see the Dec. 26 issue of the Banks County News.
The latest lawsuit filed by Gasaway alleges that seven votes that were cast in the District 28 House of Representatives election came from people living outside the district. He claims that three of those votes were from Sheriff Carlton Speed, his wife and his son.
Sheriff Speed strongly denies this in a post Thursday on the Banks County Sheriff’s Office Facebook page.
“The land and house that we reside in and own is located solely in Banks County,” Sheriff Speed said. “I have held the Office of Sheriff for almost two terms and have all intentions to seek a third term to serve the people of Banks County. My residential status is supported by official tax documents, Banks County GIS mapping department records, and all business conducted through my personal accounts.”
The sheriff adds, that, “Unfortunately, Google Maps doesn’t put my residence in Banks County. Google Maps will be the first to state that it is an unofficial source of information. As most of us know, we don’t believe everything that we read on the Internet.”
The sheriff also states, “Speaking on behalf of my wife and children, we find it insulting and humiliating that Mr. Gasaway would attack our family and seek my job at the holidays for a political position. I look forward to continuing as YOUR Sheriff and appreciate all of the community support through this accusation.”
For more on this story, see the Dec. 26 issue of the Banks County News.
Gasaway files second lawsuit related to election
Dan Gasaway has filed another lawsuit related to the District 28 House of Representatives election, where he was defeated by only two votes in the Dec. 4 election. The first election was thrown out by a Superior Court judge who agreed with Gasaway that votes cast in Habersham County were by people who do not live in District 28. The second election was held Dec. 4, which is when Gasaway lost by two votes. He is again claiming that enough votes were cast by people who do not live in the district to change the outcome. He is asking for a third election to be held.
See the Dec.26 issue of the Banks County News for more on this story.
See the Dec.26 issue of the Banks County News for more on this story.
Erwin keeps two-vote win after recount
The election for state representative from District 28 has been certified by the secretary of state and Chris Erwin won with a two-vote lead. A recount was conducted Tuesday afternoon in Banks, Habersham and Stephens counties, at the request of incumbent Dan Gasaway, and the result was the same with Erwin winning with a two-point lead.
Erwin won the race, 3,521 to 3,519.
According to state law, a recount can be requested within two days of the vote’s certification if the margin between two candidates is less than 1 percent of the total votes in the election. Total votes cast were 7,040, and 1 percent of that would be 70 votes.
Robyn Crittenden, Georgia secretary of state, certified the results Friday. The district covers Banks and Stephens counties and a portion of Habersham County.
The Dec. 4 election was ordered to be done again by retired Judge David Sweat after a two-day Superior Court hearing. Sweat agreed the election should be re-done after the seven-hour hearing about 74 Habersham ballots. Sweat agreed with Rep. Dan Gasaway that the 74 people voted in Dist. 10 although they lived in Dist. 28.
Eligible voters for Dec. 4 were all who voted on a Republican ballot in the May 22 election.
Erwin, a retired superintendent of the Banks County schools, won in both candidates’ home county of Banks. He had 1,759 votes in Banks to 1,192 for Gasaway.
In the other two counties, Gasaway led, but Erwin ended with the two-vote margin.
In Stephens County, Gasaway got 1,598 votes to 1,086 for Erwin and in the portion of Habersham, Gasaway had 729 to 676.
After the ballots were counted from Dec. 4, Erwin led by three votes.
All three county election boards counted provisional ballots and certified the votes on Dec. 7. Banks County had two provisional votes that split between the two; Erwin had a one-vote edge, 4-3, in Habersham County; and Gasaway got the only provisional ballot that counted in Stephens County.
Habersham added one more vote to Gasaway’s total after an absentee ballot was found in Habersham. That meant the only change was the one vote in Stephens. Gasaway is a three-term representative. He was first elected in 2012. He has been self-employed.
He has an architectural and construction business. He is a graduate of Georgia Tech.
Erwin was superintendent for 11 years. He is the director of business development for Carroll Daniel Construction Co. He has degrees from the University of Georgia, Georgia State University and West Georgia University.
Erwin won the race, 3,521 to 3,519.
According to state law, a recount can be requested within two days of the vote’s certification if the margin between two candidates is less than 1 percent of the total votes in the election. Total votes cast were 7,040, and 1 percent of that would be 70 votes.
Robyn Crittenden, Georgia secretary of state, certified the results Friday. The district covers Banks and Stephens counties and a portion of Habersham County.
The Dec. 4 election was ordered to be done again by retired Judge David Sweat after a two-day Superior Court hearing. Sweat agreed the election should be re-done after the seven-hour hearing about 74 Habersham ballots. Sweat agreed with Rep. Dan Gasaway that the 74 people voted in Dist. 10 although they lived in Dist. 28.
Eligible voters for Dec. 4 were all who voted on a Republican ballot in the May 22 election.
Erwin, a retired superintendent of the Banks County schools, won in both candidates’ home county of Banks. He had 1,759 votes in Banks to 1,192 for Gasaway.
In the other two counties, Gasaway led, but Erwin ended with the two-vote margin.
In Stephens County, Gasaway got 1,598 votes to 1,086 for Erwin and in the portion of Habersham, Gasaway had 729 to 676.
After the ballots were counted from Dec. 4, Erwin led by three votes.
All three county election boards counted provisional ballots and certified the votes on Dec. 7. Banks County had two provisional votes that split between the two; Erwin had a one-vote edge, 4-3, in Habersham County; and Gasaway got the only provisional ballot that counted in Stephens County.
Habersham added one more vote to Gasaway’s total after an absentee ballot was found in Habersham. That meant the only change was the one vote in Stephens. Gasaway is a three-term representative. He was first elected in 2012. He has been self-employed.
He has an architectural and construction business. He is a graduate of Georgia Tech.
Erwin was superintendent for 11 years. He is the director of business development for Carroll Daniel Construction Co. He has degrees from the University of Georgia, Georgia State University and West Georgia University.
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