Judge Rejects GOP Challenge Over Georgia House Seat, Upholds Democratic Incumbent’s Win

A judge has ruled in favor of Democratic incumbent Mack Jackson, affirming his victory in a contested Georgia state House race. Jackson, who represents District 128, won by a margin of 48 votes over his Republican challenger, Tracy Wheeler, out of nearly 28,000 votes cast in the November election.

Senior Superior Court Judge Gary McCorvey issued the ruling last week, rejecting Wheeler’s claims that the election was tainted by improper voting, including allegations that dozens of voters received incorrect ballots. While McCorvey acknowledged errors in the balloting process, he concluded that there was insufficient evidence to overturn the result.

Wheeler had argued that up to 44 voters, who were assigned to the wrong district, received ballots that included the House District 128 race, despite not living in the district. However, McCorvey found that only 14 improper votes were confirmed during a three-day trial held last month, and there was no proof that the 44 additional voters actually cast ballots in the state House race.

“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 upholds Jackson’s victory, preserving the Democratic seat in a state House where Republicans hold a 100-80 majority. Jackson, who has served the district since 2009, expressed his relief following the decision.

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

Wheeler, through her attorney, Jake Evans, indicated that she was considering whether to appeal the ruling, acknowledging the errors in the election process. “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,” Wheeler said. “With that said, errors can happen.”

The case revolved around mistakes made by county election officials in assigning voters to the wrong state House districts during redistricting in 2021. In some instances, entire streets were mistakenly included in the district when only one side should have been, and several homes located outside the district were inadvertently added.

Though McDuffie County Elections Director Phyllis Brooks confirmed that some mistakes occurred, attorneys for the county’s election officials argued that the errors did not result in ineligible voters being assigned to the wrong ballots. Additionally, none of the 44 alleged improperly assigned voters were called to testify, and only three people who moved from the district but still voted at their old address testified that they participated in the state House race.

As of now, Jackson’s victory remains intact, and the legal dispute is expected to end with this ruling, allowing Jackson to continue representing District 128 in the Georgia House of Representatives.