The petition, filed by Gasaway attorney Jake Evans, said the judge had little option other than to order another election.
“All 14 of these individuals were ineligible to vote in the election, and cast illegal votes in the election,” it read. “Only two votes decided the election. Fourteen is greater than two. Thus, 14 votes is sufficient to change or place in doubt the election’s result.”
The first repeat election was ordered by a judge after about 70 voters received ballots for the wrong districts in the May GOP primary. Gasaway trailed Erwin in that contest by 67 votes, prompting the judge to call for another election. No Democrats were on the ballot.
Erwin, meanwhile, has declared victory said he’s glad it has “finally reached a positive and fair conclusion.”
“Unfortunately, Dan Gasaway has once again decided to file a lawsuit after losing an election,” he said. “I guess he wants to run this same race for a third time to see if he can finally come out on top.”