Judge rules David Dillie can remain on November ballot for Georgia House District 161

CHATHAM COUNTY, Ga. (WTOC) - A judge has cleared candidate David Dillie to remain on the November ballot for Georgia House District 161, rejecting an effort to disqualify him just days before the election.

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Judge Kimberly W. Schroer of the Office of State Administrative Hearings issued the initial decision Oct. 30. She held an evidentiary hearing by Zoom on Oct. 29. Dillie, 24, is the Democratic candidate for the seat on the Nov. 3 ballot.

Dillie was represented by attorney Julie Franklin. The Secretary of State was represented by attorneys Elizabeth Young and Danna Yu.

What the challenge claimed

The eligibility challenge stemmed from claims by the Georgia Secretary of State’s office that Dillie gave up his Georgia residency after casting a ballot in Nevada’s June primary election while running for state office in Georgia. State law dictates that voting in an election in another state forfeits Georgia residency.

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With the ruling in place, Dillie remains on the ballot against Republican incumbent Rep. Bill Hitchens.

Dillie’s background and Las Vegas trip

Dillie studies construction management at Savannah Technical College. According to the decision, he moved to Georgia around September 2024. He obtained a Georgia driver’s license and registered to vote in Georgia on Sept. 5, 2024. He qualified as a candidate for House District 161 in Chatham County on March 6, 2026.

Before moving to Georgia, Dillie lived in Clark County, Nevada. He registered to vote there in June 2020.

In June 2026, Dillie traveled to Las Vegas for the national Future Business Leaders of America competition after winning a state-level competition in March. The group arrived June 5 and flew back to Georgia on June 9. According to the decision, his flight left at 11:40 a.m.

Dillie testified he visited friends, including Hunter Cain, his godfather, while in Las Vegas.

Thursday’s hearing

Thursday, the Georgia House candidate fought to stay on the ballot after a ballot was cast in his name in Nevada.

Georgia House District 161 candidate David Dillie told the court he did not sign or fill out the Nevada primary ballot.

He told an administrative judge it was received and submitted by Hunter Cain, who said he receives ballots from people who have lived at the residence.

Cain said he’s a foster parent. He says more than 45 children have lived in his home.

Cain said he uses old ballots to teach the children how to vote.

“We use them as an example of ‘how do you fill it out,’ we open ballots, I show them ‘here’s how you fill them in, here’s how you research candidates, here’s how you look them up.’ I did not know that David’s was included in the ones that we accidentally dropped off,” said Cane.

The State questioned Cane’s account.

A Secretary of State investigator testified the signature resembled Dillie’s.

The investigator also said Dillie was in Las Vegas around the primary.

Judge’s findings

The judge concluded Dillie did not lose his Georgia residency because the evidence did not prove he voted in Nevada.

However, based on the foregoing Findings of Fact, the Court concludes that the preponderance of the evidence in the record did not prove that Mr. Dillie cast a ballot in Nevada during his visit to Las Vegas. Rather, the evidence proved that Mr. Dillie, a candidate for House District 161 and a student enrolled in a Georgia college, had no identifiable intent or motive to vote in Nevada’s primary election and did not, in fact, do so. Rather, the preponderance of the evidence proved that Mr. Cain unlawfully opened Mr. Dillie’s absentee ballot, which was mailed to the Arlington Avenue address, and either he or someone under his direction or control, added his signature and dropped it in a drop box on primary election day.

Judge's findings

“Respondent is qualified to be a candidate for State House District 161,” the decision states.