ATLANTA — A judge in Georgia has decided that there will not be a new election for a state House seat after determining that evidence did not sufficiently show that improperly issued ballots affected the election results.
Senior Judge Gary McCorvey made his ruling on Monday regarding House District 128, where Democratic incumbent Mack Jackson secured a victory over Republican challenger Tracy Wheeler by a narrow margin of 48 votes out of a total of 27,804 votes cast during the November election.
Wheeler had filed a lawsuit seeking a new election, claiming that some voters residing outside of the district received ballots meant for House District 128, while others eligible voters within the district did not receive their ballots. This situation may have arisen due to complications related to redistricting and the reassignment of voters to their appropriate districts.
According to Judge McCorvey, it was established that 58 voters received incorrect ballots. While this number could potentially have influenced the election results depending on how those voters cast their votes, the judge concluded that there was insufficient evidence to demonstrate whether these voters participated in the House race, stating that Wheeler failed to meet the rigorous standard required to overturn the election outcome.
In his written opinion, McCorvey noted, “Simply put, the fact that voters were given the chance to vote in the incorrect district does not provide adequate proof that their participation adversely affected the election results.”
Currently, House District 128 includes all of Glascock, Hancock, Warren, and Washington counties, along with parts of McDuffie and Baldwin counties. Most of the voters who received the wrong ballots hailed from McDuffie County, located just west of Augusta.
Jackson expressed hope that the ruling would put an end to the ongoing disputes surrounding the election, stating, “Everyone desires fair elections, and I am confident in the integrity of our electoral process. If there are areas to improve, I am sure we will address them.”
Wheeler’s attorney, Jake Evans, mentioned that his client is contemplating the possibility of an appeal. Wheeler commented on the situation, emphasizing the dedication of local election workers who aim to ensure fair and accurate elections but acknowledged that “errors can happen.”
Returning for his ninth term, Jackson is recognized as one of the more conservative Democrats in the state House. The political landscape in Georgia’s House now stands with 100 Republicans and 80 Democrats; this contrasts with the end of the previous term when there were 102 Republicans and 78 Democrats.
